Senate Bill 1130

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    Florida Senate - 1998                                  SB 1130

    By Senator Grant





    13-566A-98

  1                      A bill to be entitled

  2         An act relating to notaries public; amending s.

  3         117.01, F.S.; clarifying provisions relating to

  4         appointment of a notary public; increasing the

  5         amount of the bond required of a notary public;

  6         providing requirements for a resigning notary

  7         public; amending s. 117.03, F.S.; deleting

  8         obsolete language; amending s. 117.04, F.S.;

  9         providing for acknowledgements by a notary;

10         creating s. 117.045, F.S.; providing for

11         solemnizing rites of marriage by a notary;

12         limiting fees; amending s. 117.05, F.S.;

13         providing that the official seal and

14         certificate of commission are the exclusive

15         property of the notary public; providing a

16         criminal penalty for unlawful possession of a

17         notary public official seal or papers;

18         specifying the elements of a notarial

19         certificate; revising provisions relating to

20         identification; deleting specified

21         circumstances under which a signature may not

22         be notarized; revising provisions relating to

23         copying certain documents; requiring a notary

24         public to make reasonable accommodations to

25         provide notarial services to disabled persons;

26         amending s. 117.10, F.S.; conforming a

27         cross-reference; amending s. 117.103, F.S.;

28         providing that a notary public's commission is

29         not required to be filed with the clerk of the

30         circuit court; providing for certification of

31         the commission from the Secretary of State;

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  1         amending s. 117.107, F.S.; revising certain

  2         provisions relating to prohibited acts;

  3         providing a civil penalty; amending s. 117.20,

  4         F.S.; providing for electronic notarizations;

  5         amending ss. 11.03, 475.180, 713.08, 713.13,

  6         713.135, 713.245, 727.104, 732.503, and

  7         747.051, F.S.; revising certain forms;

  8         providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Subsections (1) and (2), paragraph (g) of

13  subsection (4), and subsections (5) and (7) of section 117.01,

14  Florida Statutes, are amended to read:

15         117.01  Appointment, application, suspension,

16  revocation, application fee, bond, and oath.--

17         (1)  The Governor may appoint for a term of 4 years as

18  many notaries public as he or she deems necessary, each of

19  whom shall be at least 18 years of age and a legal resident of

20  the state.  A permanent resident alien may apply and be

21  appointed and shall file with his or her application a

22  recorded Declaration of Domicile.  The residence required for

23  appointment must be maintained throughout the term of

24  appointment. Notaries public shall be appointed for 4 years

25  and shall use and exercise the office of notary public within

26  the boundaries of this state. An applicant must be able to

27  read, write, and understand the English language.

28         (2)  The application for appointment shall be signed

29  and sworn to by the applicant and shall be accompanied by a

30  fee of $25, together with the $10 commission fee required by

31  s. 113.01, and a surcharge of $4, which $4 is appropriated to

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  1  the Executive Office of the Governor to be used to educate and

  2  assist notaries public. However, no commission fee shall be

  3  required for the issuance of a commission as a notary public

  4  to a veteran who served during a period of wartime service, as

  5  defined in s. 1.01(14), and who has been rated by the United

  6  States Government or the United States Department of Veterans

  7  Affairs or its predecessor to have a disability rating of 50

  8  percent or more; such a disability is subject to verification

  9  by the Secretary of State, who has authority to adopt

10  reasonable procedures to implement this act. The oath of

11  office and notary bond required by this section shall also

12  accompany the application and shall be in a form prescribed by

13  the Department of State which shall require, but not be

14  limited to, the following information: full name, residence

15  address and telephone number, business address and telephone

16  number, date of birth, race, sex, social security number,

17  citizenship status, driver's license number or the number of

18  other official state-issued identification, affidavit of good

19  character from someone unrelated to the applicant who has

20  known the applicant for 1 year or more, a list of all

21  professional licenses and commissions issued by the state

22  during the previous 10 years and a statement as to whether or

23  not the applicant has had such license or commission revoked

24  or suspended, and a statement as to whether or not the

25  applicant has been convicted of a felony, and, if there has

26  been a conviction, a statement of the nature of the felony and

27  restoration of civil rights.  The applicant may not use a

28  fictitious or assumed name other than a nickname on an

29  application for commission.  The application shall be

30  maintained by the Department of State for the full term of a

31  notary commission.  A notary public shall notify, in writing,

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  1  the Department of State of any change in his or her business

  2  address, home telephone number, business telephone number,

  3  home address, or criminal record within 60 days after such

  4  change.  The Governor may require any other information he or

  5  she deems necessary for determining whether an applicant is

  6  eligible for a notary public commission.  Each applicant must

  7  swear or affirm on the application that the information on the

  8  application is true and correct to the best of his or her

  9  knowledge.

10         (4)  The Governor may suspend a notary public for any

11  of the grounds provided in s. 7, Art. IV of the State

12  Constitution. Grounds constituting malfeasance, misfeasance,

13  or neglect of duty include, but are not limited to, the

14  following:

15         (g)  Failure to report a change in business or home

16  address or telephone number, or failure to submit

17  documentation to request an amended commission after a lawful

18  name change, within the specified period of time.

19         (5)(a)  If a notary public receives notice from the

20  Department of State that his or her office has been declared

21  vacant, the notary shall forthwith mail or deliver to the

22  Secretary of State his or her notary commission.

23         (b)  A notary public who wishes to resign his or her

24  commission, or a notary public who does not maintain legal

25  residence in this state during the entire term of appointment,

26  or a notary public whose resignation is required by the

27  Governor, shall send a signed letter of resignation to the

28  Governor and shall return his or her certificate of notary

29  public commission. The resigning notary public shall destroy

30  his or her official notary public seal of office, unless the

31  Governor requests its return.

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  1         (7)(a)  A notary public shall, prior to executing the

  2  duties of the office and throughout the term of office, give

  3  bond, payable to any individual harmed as a result of a breach

  4  of duty by the notary public acting in his or her official

  5  capacity, in the amount of $10,000 $5,000, conditioned for the

  6  due discharge of the office and shall take an oath that he or

  7  she will honestly, diligently, and faithfully discharge the

  8  duties of the notary public.  The bond shall be approved and

  9  filed with the Department of State and executed by a surety

10  company for hire duly authorized to transact business in this

11  state.

12         (b)  Any notary public whose term of appointment

13  extends beyond January 1, 1999 1992, is required to increase

14  the amount of his or her bond to $10,000 $5,000 only upon

15  reappointment on or after January 1, 1999 1992.

16         (c)  Beginning July 1, 1996, surety companies for hire

17  which process notary public applications, oaths, affidavits of

18  character, and bonds for submission to the Department of State

19  must properly submit these documents in a software and hard

20  copy format approved by the Department of State.

21         Section 2.  Section 117.03, Florida Statutes, is

22  amended to read:

23         117.03  Administration of oaths.--A notary public may

24  administer an oath and make a certificate thereof when it is

25  necessary for the execution of any writing or document to be

26  attested, protested, or published under the seal of a notary

27  public.  The notary public may not take an acknowledgment of

28  execution in lieu of an oath if an oath is required.

29         Section 3.  Section 117.04, Florida Statutes, is

30  amended to read:

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  1         117.04  Marriages; Acknowledgments.--A notary public is

  2  authorized to solemnize the rites of matrimony and to take the

  3  acknowledgments of deeds and other instruments of writing for

  4  record, as fully as other officers of this state.  For

  5  solemnizing the rites of matrimony, the fee of a notary public

  6  may not exceed those provided by law to the clerks of the

  7  circuit court for like services.

  8         Section 4.  Section 117.045, Florida Statutes, is

  9  created to read:

10         117.045  Marriages.--A notary public is authorized to

11  solemnize the rites of matrimony. For solemnizing the rites of

12  matrimony, the fee of a notary public may not exceed those

13  provided by law to the clerks of the circuit court for like

14  services.

15         Section 5.  Section 117.05, Florida Statutes, is

16  amended to read:

17         117.05  Use of notary commission; unlawful use; notary

18  fee; seal; duties; employer liability; name change;

19  advertising; photocopies; penalties.--

20         (1)  No person shall obtain or use a notary public

21  commission in other than his or her legal name, and it is

22  unlawful for a notary public to notarize his or her own

23  signature.  Any person applying for a notary public commission

24  must submit proof of identity to the Department of State if so

25  requested.  Any person who violates the provisions of this

26  subsection is guilty of a felony of the third degree,

27  punishable as provided in s. 775.082, s. 775.083, or s.

28  775.084.

29         (2)  The fee of a notary public may not exceed $10 for

30  any one notarial act, except as provided in s. 117.045 s.

31  117.04.

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  1         (3)(a)  A notary public seal shall be affixed to all

  2  notarized paper documents and shall be of the rubber stamp

  3  type and shall include the words "Notary Public-State of

  4  Florida." The seal shall also include the name of the notary

  5  public, the date of expiration of the commission of the notary

  6  public, and the commission number. The rubber stamp seal must

  7  be affixed to the notarized paper document in photographically

  8  reproducible black ink. Every notary public shall print, type,

  9  or stamp below his or her signature on a paper document his or

10  her name exactly as commissioned.  An impression-type seal may

11  be used in addition to the rubber stamp seal, but the rubber

12  stamp seal shall be the official seal for use on a paper

13  document, and the impression-type seal may not be substituted

14  therefor.

15         (b)  Any notary public whose term of appointment

16  extends beyond January 1, 1992, is required to use a rubber

17  stamp type notary public seal on paper documents only upon

18  reappointment on or after January 1, 1992.

19         (c)  The notary public official seal and the

20  certificate of notary public commission are the exclusive

21  property of the notary public and must be kept under the

22  direct and exclusive control of the notary public. The seal

23  and certificate of commission must not be surrendered to an

24  employer upon termination of employment, regardless of whether

25  the employer paid for the seal or for the commission.

26         (d)  A notary public whose official seal is lost,

27  stolen, or believed to be in the possession of another person

28  shall immediately notify the Department of State or the

29  Governor in writing.

30         (e)  Any person who unlawfully possesses a notary

31  public official seal or any papers or copies relating to

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  1  notarial acts is guilty of a misdemeanor of the second degree,

  2  punishable as provided in s. 775.082 or s. 775.083.

  3         (4)  When notarizing a signature, a notary public shall

  4  complete a jurat or notarial certificate in substantially the

  5  same form as those found in s. 117.05(13). The jurat or

  6  certificate of acknowledgement shall contain the following

  7  elements:

  8         (a)  The venue stating the location of the notarization

  9  in the format, "State of Florida, County of ............"

10         (b)  The type of notarial act performed, an oath or an

11  acknowledgement, evidenced by the words "sworn" or

12  "acknowledged."

13         (c)  That the signer personally appeared before the

14  notary public at the time of the notarization.

15         (d)  The exact date of the notarial act.

16         (e)  The name of the person whose signature is being

17  notarized. It is presumed, absent such specific notation by

18  the notary public, that notarization is to all signatures.

19         (f)  The specific type of identification the notary

20  public is relying upon in identifying the signer, either based

21  on personal knowledge or satisfactory evidence specified in s.

22  117.05(5).

23         (g)  The notary's official signature.

24         (h)  The notary's name, typed, printed, or stamped

25  below the signature.

26         (i)  The notary's official seal affixed below or to

27  either side of the notary's signature. sign and date a

28  notarial certificate or jurat and shall specify which

29  signature is being notarized and that the signer personally

30  appeared before the notary public at the time of notarization.

31

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  1  It is presumed, absent such specific notation by the notary

  2  public, that notarization is to all signatures.

  3         (5)  A notary public may not notarize a signature on a

  4  document unless he or she personally knows, or has

  5  satisfactory evidence, that the person whose signature is to

  6  be notarized is the individual who is described in and who is

  7  executing the instrument. A notary public shall certify in the

  8  certificate of acknowledgment or jurat the type of

  9  identification, either based on personal knowledge or other

10  form of identification, upon which the notary public is

11  relying.

12         (b)  For the purposes of this subsection, "satisfactory

13  evidence" means the absence of any information, evidence, or

14  other circumstances which would lead a reasonable person to

15  believe that the person whose signature is to be notarized

16  making the acknowledgment is not the person he or she claims

17  to be and any one of the following:

18         1.  The sworn written statement of one a credible

19  witness personally known to the notary public or that the

20  person whose signature is to be notarized is personally known

21  to the witness;

22         2.  the sworn written statement of two credible

23  witnesses whose identities are proven to the notary public

24  upon the presentation of satisfactory evidence that each of

25  the following is are true:

26         a.  That the person whose signature is to be notarized

27  is the person named in the document;

28         b.  That the person whose signature is to be notarized

29  is personally known to the witnesses;

30         c.  That it is the reasonable belief of the witnesses

31  that the circumstances of the person whose signature is to be

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  1  notarized are such that it would be very difficult or

  2  impossible for that person to obtain another acceptable form

  3  of identification;

  4         d.  That it is the reasonable belief of the witnesses

  5  that the person whose signature is to be notarized does not

  6  possess any of the identification documents specified in

  7  subparagraph 2.3.; and

  8         e.  That the witnesses do not have a financial interest

  9  in nor are parties to the underlying transaction; or

10         2.3.  Reasonable reliance on the presentation to the

11  notary public of any one of the following forms of

12  identification, if the document is current or has been issued

13  within the past 5 years and bears a serial or other

14  identifying number:

15         a.  A Florida An identification card or driver's

16  license issued by the public agency authorized to issue

17  driver's licenses Department of Highway Safety and Motor

18  Vehicles;

19         b.  A passport issued by the Department of State of the

20  United States; or

21         c.  A passport issued by a foreign government if

22  Reasonable reliance on the presentation of any one of the

23  following forms of identification, if the document is current

24  or has been issued within the past 5 years and bears a serial

25  or other identifying number, and, if the document is a

26  passport, the document is stamped by the United States

27  Immigration and Naturalization Service;:

28         (I)  A passport issued by a foreign government;

29         d.(II)  A driver's license or an identification card

30  issued by a public agency authorized to issue driver's

31  licenses in a state other than Florida, a territory of the

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  1  United States, or Canada or Mexico territory of the United

  2  States or a state other than Florida or by a Canadian or

  3  Mexican public agency authorized to issue drivers' licenses;

  4         (III)  An identification card issued by a territory of

  5  the United States or a state other than Florida;

  6         e.(IV)  An identification card issued by any branch of

  7  the armed forces of the United States;

  8         f.(V)  An inmate identification card issued on or after

  9  January 1, 1991, by the Florida Department of Corrections for

10  an inmate who is in the custody of the department; or

11         g.  An inmate identification card issued by the United

12  States Department of Justice, Bureau of Federal Prisons, for

13  an inmate who is in the custody of the department;

14         h.  A sworn, written statement from a sworn law

15  enforcement officer that the forms of identification for an

16  inmate in an institution of confinement were confiscated upon

17  confinement and that the person named in the document is the

18  person whose signature is to be notarized; or

19         i.(VI)  An identification card issued by the United

20  States Department of Justice, Immigration, and Naturalization

21  Service.

22         (6)  A notary public may not notarize a signature on a

23  document if:

24         (a)  The person whose signature is being notarized is

25  not in the presence of the notary public at the time the

26  signature is notarized.  Any notary public who violates this

27  paragraph is guilty of a civil infraction, punishable by

28  penalty not exceeding $5,000, and that conduct constitutes

29  malfeasance and misfeasance in the conduct of official duties.

30  It is no defense to the civil infraction specified in this

31  paragraph that the notary public acted without intent to

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  1  defraud.  A notary public who violates this paragraph with the

  2  intent to defraud is guilty of violating s. 117.105.

  3         (b)  The document is incomplete.  However, an

  4  endorsement or assignment in blank of a negotiable or

  5  nonnegotiable note and the assignment in blank of any

  6  instrument given as security for such note is not deemed

  7  incomplete.

  8         (c)  The notary public actually knows that the person

  9  signing the document has been adjudicated mentally

10  incapacitated, and the notarization relates to a right that

11  has been removed pursuant to s. 744.3215(2) or (3), and that

12  the person has not been restored to capacity as a matter of

13  record.

14         (d)  The person whose signature is to be notarized is

15  the spouse, son, daughter, mother, or father of the notary

16  public.

17         (e)  The notary public has a financial interest in or

18  is a party to the underlying transaction; provided, however, a

19  notary public who is an employee may notarize a signature for

20  his or her employer and this employment is not a financial

21  interest in the transaction nor is he or she a party to the

22  transaction under this subsection unless he or she receives a

23  benefit other than salary and any fee for services authorized

24  by law.  For purposes of this paragraph, a notary public who

25  is an attorney does not have a financial interest in and is

26  not a party to the underlying transaction evidenced by a

27  notarized document if he or she notarizes a signature on that

28  document for a client for whom he or she serves as an attorney

29  of record and the attorney has no interest in the document

30  other than a fee paid to him or her for legal services and any

31  fee authorized by law for services as a notary public.

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  1         (6)(7)  The employer of a notary public shall be liable

  2  to the persons involved for all damages proximately caused by

  3  the notary's official misconduct, if the notary public was

  4  acting within the scope of his or her employment at the time

  5  the notary engaged in the official misconduct.

  6         (7)(8)  Any person who acts as or otherwise willfully

  7  impersonates a notary public while not lawfully appointed and

  8  commissioned to perform notarial acts is guilty of a

  9  misdemeanor of the second degree, punishable as provided in s.

10  775.082 or s. 775.083.

11         (9)  Any person who unlawfully possesses a notary

12  public official seal or any papers or copies relating to

13  notarial acts is guilty of a misdemeanor of the second degree,

14  punishable as provided in s. 775.082 or s. 775.083.

15         (8)(10)  Any notary public who knowingly acts as a

16  notary public after his or her commission has expired is

17  guilty of a misdemeanor of the second degree, punishable as

18  provided in s. 775.082 or s. 775.083.

19         (9)(11)  Any notary public who lawfully changes his or

20  her name shall, within 60 days after such change, forthwith

21  request an amended commission from the Secretary of State and

22  shall send $25, his or her current commission, and a notice of

23  change form, obtained from the Secretary of State, which shall

24  include the new name and contain a specimen of his or her

25  official signature.  The Secretary of State shall issue an

26  amended commission to the notary public in the new name.  A

27  rider to the notary public's bond must accompany the notice of

28  change form. After submitting the required notice of change

29  form and rider to the Secretary of State requesting an amended

30  commission, the notary public may continue to perform notarial

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  1  acts in his or her former name for 60 days or until receipt of

  2  the amended commission, whichever date is earlier.

  3         (12)  Any notary public who loses or misplaces his or

  4  her notary public seal of office shall forthwith mail or

  5  deliver notice of the fact to the Secretary of State.

  6         (10)(13)  A notary public who is not an attorney who

  7  advertises the services of a notary public in a language other

  8  than English, whether by radio, television, signs, pamphlets,

  9  newspapers, or other written communication, with the exception

10  of a single desk plaque, shall post or otherwise include with

11  the advertisement a notice in English and in the language used

12  for the advertisement.  The notice shall be of a conspicuous

13  size, if in writing, and shall state:  "I AM NOT AN ATTORNEY

14  LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY

15  NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If the

16  advertisement is by radio or television, the statement may be

17  modified but must include substantially the same message.

18         (11)(14)  Literal translation of the phrase "Notary

19  Public" into a language other than English is prohibited in an

20  advertisement for notarial services.

21         (12)(15)(a)  A notary public may supervise the making

22  of a photocopy of an original document and attest to the

23  trueness of the copy, provided the document is neither a vital

24  record in this state, another state, a territory of the United

25  States, or another country, nor a public record, if a copy can

26  be made by the custodian of the public record.  A notary

27  public may not supervise the making of a photocopy and may not

28  attest to the trueness of a photocopy of a public record if a

29  copy can be made by another public official.

30

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  1         (b)  A notary public must use a certificate in

  2  substantially the following form in notarizing an attested

  3  copy:

  4

  5  STATE OF FLORIDA

  6  COUNTY OF ........

  7

  8  On this .... day of ........, 19...., I attest that the

  9  preceding or attached document is a true, exact, complete, and

10  unaltered photocopy made by me of ...(description of

11  document)... presented to me by the document's custodian,

12  ................, and, to the best of my knowledge, that the

13  photocopied document is neither a vital public record nor a

14  public record publicly recordable document, certified copies

15  of which are available from an official source other than a

16  notary public.

17

18               ...(Official Notary Signature and Notary Seal)...

19                ...(Name of Notary Typed, Printed or Stamped)...

20

21         (13)(16)  The following notarial form certificates are

22  sufficient for the purposes indicated, if completed with the

23  information required by this chapter.  The specification of

24  forms under this subsection does not preclude the use of other

25  forms.

26         (a)  For an oath or affirmation:

27

28  STATE OF FLORIDA

29  COUNTY OF ........

30

31                                  ...(Signature of Applicant)...

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  1         Sworn to (or affirmed) and subscribed before me this

  2  .... day of ........, ...(year)......... 19...., by ...(name

  3  of person making statement)....

  4

  5           ...(Signature of Notary Public - State of Florida)...

  6           ...(Print, Type, or Stamp Commissioned Name of Notary

  7  Public)...

  8         Personally Known ........ OR Produced Identification

  9  ........

10         Type of Identification Produced........................

11

12         (b)  For an acknowledgment in an individual capacity:

13

14  STATE OF FLORIDA

15  COUNTY OF ........

16

17  The foregoing instrument was acknowledged before me this ....

18  day of ........, ...(year)......... 19 ........, by ...(name

19  of person acknowledging)...

20

21           ...(Signature of Notary Public - State of Florida)...

22           ...(Print, Type, or Stamp Commissioned Name of Notary

23  Public)...

24         Personally Known ........ OR Produced Identification

25  ........

26         Type of Identification Produced........................

27

28         (c)  For an acknowledgment in a representative

29  capacity:

30

31  STATE OF FLORIDA

                                  16

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  1  COUNTY OF ........

  2

  3  The foregoing instrument was acknowledged before me this ....

  4  day of ........, ...(year)......... 19 ........, by ...(name

  5  of person)... as ...(type of authority, . . .  e.g. officer,

  6  trustee, attorney in fact)... for ...(name of party on behalf

  7  of whom instrument was executed)...

  8

  9           ...(Signature of Notary Public - State of Florida)...

10           ...(Print, Type, or Stamp Commissioned Name of Notary

11  Public)...

12         Personally Known ........ OR Produced Identification

13  ........

14         Type of Identification Produced........................

15

16         (14)  A notary public must make reasonable

17  accommodations to provide notarial services to persons with

18  disabilities.

19         (a)  A notary public may notarize the signature of a

20  person who is blind after the notary public has read the

21  entire instrument to that person.

22         (b)  A notary public may notarize the signature of a

23  person who signs with a mark if:

24         1.  The document signing is witnessed by two

25  disinterested persons;

26         2.  The notary prints the person's first name at the

27  beginning of the designated signature line and the person's

28  last name at the end of the designated signature line; and

29         3.  The notary prints the words "his (or her) mark"

30  below the person's signature mark.

31

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  1         (c)  The following notarial certificates are sufficient

  2  for the purpose of notarizing for a person who signs with a

  3  mark:

  4         1.  For an oath or affirmation:

  5

  6                             ...(First Name)......(Last Name)...

  7                                         ...His (or her) Mark...

  8

  9  STATE OF FLORIDA

10  COUNTY OF ........

11

12  Sworn to and subscribed before me this .... day of ........,

13  ...(year)..., by ...(name of person making statement)..., who

14  signed with a mark in the presence of these witnesses.......

15

16           ...(Signature of Notary Public - State of Florida)...

17

18         ...(Print, Type, or Stamp Commissioned Name of Notary

19  Public)...

20         Personally Known ........ OR Produced Identification

21  ........

22         Type of Identification Produced........................

23

24         2.  For an acknowledgment in an individual capacity:

25

26                             ...(First Name)......(Last Name)...

27                                         ...His (or her) Mark...

28

29  STATE OF FLORIDA

30  COUNTY OF ........

31

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  1  The foregoing instrument was acknowledged before me this ....

  2  day of ........, ...(year)..., by ...(name of person

  3  acknowledging)..., who signed with a mark in the presence of

  4  these witnesses.......

  5

  6           ...(Signature of Notary Public - State of Florida)...

  7

  8         ...(Print, Type, or Stamp Commissioned Name of Notary

  9  Public)...

10         Personally Known ........ OR Produced Identification

11  ........

12         Type of Identification Produced........................

13

14         (d)  A notary public may sign the name of a person

15  whose signature is to be notarized when that person is

16  physically unable to sign or make a signature mark on a

17  document if:

18         1.  The person with a disability directs the notary to

19  sign in his or her presence;

20         2.  The document signing is witnessed by two

21  disinterested persons;

22         3.  The notary writes below the signature the following

23  statement: "Signature affixed by notary, pursuant to s.

24  117.05(14), Florida Statutes," and states the circumstances of

25  the signing in the notarial certificate.

26         (e)  The following notarial certificates are sufficient

27  for the purpose of notarizing for a person with a disability

28  who directs the notary to sign his or her name:

29

30         1.  For an oath or affirmation:

31

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  1  STATE OF FLORIDA

  2  COUNTY OF ........

  3

  4  Sworn to (or affirmed) before me this .... day of ........,

  5  ...(year)..., by ...(name of person making statement)..., and

  6  subscribed by ...(name of notary)... at the direction of and

  7  in the presence of ...(name of person making statement)...,

  8  and in the presence of these witnesses.......

  9

10           ...(Signature of Notary Public - State of Florida)...

11

12         ...(Print, Type, or Stamp Commissioned Name of Notary

13  Public)...

14         Personally Known ........ OR Produced Identification

15  ........

16         Type of Identification Produced........................

17

18         2.  For an acknowledgment in an individual capacity:

19

20  STATE OF FLORIDA

21  COUNTY OF ........

22

23  The foregoing instrument was acknowledged before me this ....

24  day of ........, ...(year)..., by ...(name of person

25  acknowledging)...and subscribed by ...(name of notary)... at

26  the direction of and in the presence of ...name of person

27  acknowledging)..., and in the presence of these

28  witnesses.......

29

30           ...(Signature of Notary Public - State of Florida)...

31

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  1         ...(Print, type, or Stamp Commissioned Name of Notary

  2  Public)...

  3         Personally Known ........ OR Produced Identification

  4  ........

  5         Type of Identification Produced........................

  6

  7         Section 6.  Section 117.10, Florida Statutes, is

  8  amended to read:

  9         117.10  Law enforcement officers and correctional

10  officers.--Law enforcement officers, correctional officers,

11  and correctional probation officers, as defined in s. 943.10,

12  and traffic accident investigation officers, as described in

13  s. 316.640, and traffic infraction enforcement officers, as

14  described in s. 316.640 318.141, are authorized to administer

15  oaths notaries public when engaged in the performance of

16  official duties. Sections 117.01, 117.04, 117.045, 117.05, and

17  117.103 do not apply to the provisions of this section.  An

18  officer may not notarize his or her own signature.

19         Section 7.  Section 117.103, Florida Statutes, is

20  amended to read:

21         117.103  Certification of notary's authority by

22  Secretary of State.--A notary public is not required to record

23  his or her notary public commission in an office of a clerk of

24  the circuit court. If certification of the notary public's

25  commission is required, it must be obtained from the Secretary

26  of State. Upon the receipt of a written request, the notarized

27  document, and a fee of $10 payable to the Secretary of State,

28  the Secretary of State shall provide a certificate of notarial

29  authority.  Documents destined for countries participating in

30  an International Treaty called the Hague Convention require an

31

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  1  Apostille, and that requirement shall be determined by the

  2  Secretary of State.

  3         Section 8.  Section 117.107, Florida Statutes, is

  4  amended to read:

  5         117.107  Prohibited acts.--

  6         (1)  A notary public may not use a name or initial in

  7  signing certificates other than that by which the notary

  8  public is commissioned.

  9         (2)  A notary public may not sign notarial certificates

10  using a facsimile signature stamp unless the notary public has

11  a physical disability that limits or prohibits his or her

12  ability to make a written signature and unless the notary

13  public has first submitted written notice to the Department of

14  State with an exemplar of the facsimile signature stamp. A

15  notary public may not acknowledge an instrument in which the

16  notary public's name appears as a party to the transaction.

17         (3)  A notary public may not affix his or her signature

18  to a blank form of affidavit or certificate of acknowledgment

19  and deliver that form to another person with the intent that

20  it be used as an affidavit or acknowledgment.

21         (4)  A notary public may not take the acknowledgment of

22  or administer an oath to a person whom the notary public

23  actually knows to have been adjudicated adjudged mentally

24  incapacitated by a court of competent jurisdiction, where the

25  acknowledgment or oath necessitates the exercise of a right

26  that has been removed pursuant to s. 744.3215(2) or (3), and

27  where the person has not been restored to capacity as a matter

28  of record.

29         (5)  A notary public may not notarize a signature on a

30  document if it appears that the person is mentally incapable

31  of understanding the nature and effect of the document at the

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  1  time of notarization. A notary public may not take the

  2  acknowledgment of a person who is blind until the notary

  3  public has read the instrument to such person.

  4         (6)  A notary public may not take the acknowledgment of

  5  a person who does not speak or understand the English

  6  language, unless the nature and effect of the instrument to be

  7  notarized is translated into a language which the person does

  8  understand.

  9         (7)  A notary public may not change anything in a

10  written instrument after it has been signed by anyone.

11         (8)  A notary public may not amend a notarial

12  certificate after the notarization is complete.

13         (9)  A notary public may not notarize a signature on a

14  document if the person whose signature is being notarized is

15  not in the presence of the notary public at the time the

16  signature is notarized. Any notary public who violates this

17  subsection is guilty of a civil infraction, punishable by

18  penalty not exceeding $5,000, and such violation constitutes

19  malfeasance and misfeasance in the conduct of official duties.

20  It is no defense to the civil infraction specified in this

21  subsection that the notary public acted without intent to

22  defraud. A notary public who violates this subsection with the

23  intent to defraud is guilty of violating s. 117.105.

24         (10)  A notary public may not notarize a signature on a

25  document if the document is incomplete or blank. However, an

26  endorsement or assignment in blank of a negotiable or

27  nonnegotiable note and the assignment in blank of any

28  instrument given as security for such note is not deemed

29  incomplete.

30         (11)  A notary public may not notarize a signature on a

31  document if the person whose signature is to be notarized is

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  1  the spouse, son, daughter, mother, or father of the notary

  2  public.

  3         (12)  A notary public may not notarize a signature on a

  4  document if the notary public has a financial interest in or

  5  is a party to the underlying transaction; however, a notary

  6  public who is an employee may notarize a signature for his or

  7  her employer, and this employment does not constitute a

  8  financial interest in the transaction nor make the notary a

  9  party to the transaction under this subsection as long as he

10  or she does not receive a benefit other than his or her salary

11  and the fee for services as a notary public authorized by law.

12  For purposes of this subsection, a notary public who is an

13  attorney does not have a financial interest in and is not a

14  party to the underlying transaction evidenced by a notarized

15  document if he or she notarizes a signature on that document

16  for a client for whom he or she serves as an attorney of

17  record and he or she has no interest in the document other

18  than the fee paid to him or her for legal services and the fee

19  authorized by law for services as a notary public.

20         Section 9.  Section 117.20, Florida Statutes, is

21  amended to read:

22         117.20  Electronic notarization.--

23         (1)  The provisions of ss. 117.01, 117.03, 117.04,

24  117.05(1)-(11), (13), and (14) 117.05(1)-(14) and (16),

25  117.105, and 117.107 apply to all notarizations under this

26  section except as set forth in this section.

27         (2)  An electronic notarization shall include the words

28  "Notary Public - State of Florida," the name of the notary

29  public, exactly as commissioned, the date of expiration of the

30  commission of the notary public, the commission number, and

31  the notary's digital signature.  Neither a rubber stamp seal

                                  24

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  1  nor an impression-type seal is required for an electronic

  2  notarization.

  3         (3)  Any notary public who seeks to perform electronic

  4  notarizations and obtains a certificate from any certification

  5  authority, as defined in s. 282.72(2), and who is licensed in

  6  the state shall request an amended commission from the

  7  Secretary of State as set forth in s. 117.05(9) s. 117.05(11).

  8  The Secretary of State shall issue an amended commission to

  9  the notary public indicating that the notary is a subscriber

10  to the certification authority identified in the notary's

11  request for an amended commission.  After requesting an

12  amended commission, the notary public may continue to perform

13  notarial acts, but may not use his or her digital signature in

14  the performance of notarial acts until receipt of the amended

15  commission.  Any fees collected from such amended commissions

16  shall be used to fund the Secretary of State's administration

17  of electronic notary commissions.

18         (4)  If the notary public's private key corresponding

19  to his or her public key has been compromised, the notary

20  public shall immediately notify the Secretary of State in

21  writing of the breach of security and shall request the

22  issuing certification authority to suspend or revoke the

23  certificate.

24         (5)  A notary public shall keep a sequential journal of

25  all acts performed as a notary public under the provisions of

26  this section.

27         (a)  The journal must include, at a minimum, for every

28  notarial act, the date and time of the notarial act, the type

29  of notarial act, the type or name of the document, the

30  signer's printed name and signature, the signer's complete

31  address and telephone number, and the specific type of

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  1  identification presented by the signer, including both its

  2  serial number and its expiration date.

  3         (b)  When requested in writing by the Governor's Office

  4  or Department of State, the notary public must provide the

  5  journal for inspection. The notary public must retain the

  6  journal for safekeeping for at least five years beyond the

  7  date of the last notarial act recorded in the journal.

  8         (c)  If the notary public journal is stolen, lost,

  9  misplaced, destroyed, or rendered unusable within the time

10  period specified in paragraph (b), the notary public must

11  immediately notify the Governor's Office or the Department of

12  State in writing of the circumstances of the incident.

13         (6)(5)  Failure to comply with this section constitutes

14  grounds for suspension from office by the Governor.

15         Section 10.  Subsection (1) of section 11.03, Florida

16  Statutes, is amended to read:

17         11.03  Proof of publication of notice.--

18         (1)  Affidavit of proof of publication of such notice

19  of intention to apply therefor, may be made, in substantially

20  the following general form, but such form shall not be

21  exclusive:

22

23  STATE OF FLORIDA

24  COUNTY OF ....

25         Before the undersigned authority personally appeared

26  ...., who on oath does solemnly swear (or affirm) that she or

27  he has knowledge of the matters stated herein; that a notice

28  stating the substance of a contemplated law or proposed bill

29  relating to

30                    ...(here identify bill)...

31

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  1  has been published at least 30 days prior to this date, by

  2  being printed in the issues of ...(here state day, month and

  3  year of issue or issues)... of the ...., a newspaper or

  4  newspapers published in .... County or Counties, Florida (or)

  5  there being no newspaper, by being posted for at least 30 days

  6  prior to this date at three public places in .... County or

  7  Counties, one of which places was at the courthouse of said

  8  county or counties, where the matter or thing to be affected

  9  by the contemplated law is situated; that a copy of the notice

10  that has been published as aforesaid and also this affidavit

11  of proof of publication are attached to the proposed bill or

12  contemplated law, and such copy of the notice so attached is

13  by reference made a part of this affidavit.

14  ..............................................................

15

16         Sworn to (or affirmed) and subscribed before me this

17  .... day of ........, ...(year)..., by ...(name of person

18  making statement)..........

19

20           ...(Signature of Notary Public - State of Florida)...

21           ...(Print, Type, or Stamp Commissioned Name of Notary

22  Public)...

23         Personally Known ........ OR Produced Identification

24  ........

25         Type of Identification Produced........................

26

27  Sworn to and subscribed before me this .... 19....

28         (SEAL)

29  ...(Signature)...

30  Notary Public, State of Florida.

31  My commission expires ....

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  1

  2         Section 11.  Paragraph (a) of subsection (2) of section

  3  475.180, Florida Statutes, is amended to read:

  4         475.180  Nonresident licenses.--

  5         (2)(a)  Any applicant who is not a resident of this

  6  state shall file an irrevocable consent that suits and actions

  7  may be commenced against her or him in any county of this

  8  state in which a plaintiff having a cause of action or suit

  9  against her or him resides, and that service of any process or

10  pleading in suits or actions against her or him may be made by

11  delivering the process or pleading to the director of the

12  Division of Real Estate by certified mail, return receipt

13  requested, and also to the licensee by registered mail

14  addressed to the licensee at her or his designated principal

15  place of business. Service, when so made, must be taken and

16  held in all courts to be as valid and binding upon the

17  licensee as if made upon her or him in this state within the

18  jurisdiction of the court in which the suit or action is

19  filed. The irrevocable consent must be in a form prescribed by

20  the department and be acknowledged before by a notary public.

21         Section 12.  Subsection (3) of section 713.08, Florida

22  Statutes, is amended to read:

23         713.08  Claim of lien.--

24         (3)  The claim of lien shall be sufficient if it is in

25  substantially the following form:

26

27                          CLAIM OF LIEN

28  State of ....

29  County of ....

30         Before me, the undersigned notary public, personally

31  appeared ...., who was duly sworn and says that she or he is

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  1  (the lienor herein) (the agent of the lienor herein ....),

  2  whose address is ....; and that in accordance with a contract

  3  with ...., lienor furnished labor, services, or materials

  4  consisting of .... on the following described real property in

  5  .... County, Florida:

  6

  7               (Legal description of real property)

  8

  9  owned by .... of a total value of $...., of which there

10  remains unpaid $...., and furnished the first of the items on

11  ...., ...(year)......... 19...., and the last of the items on

12  ...., ...(year)......... 19....; and (if the lien is claimed

13  by one not in privity with the owner) that the lienor served

14  her or his notice to owner on ...., ...(year)......... 19....,

15  by ....; and (if required) that the lienor served copies of

16  the notice on the contractor on ...., ...(year).........

17  19...., by .... and on the subcontractor, ...., on ....,

18  ...(year)......... 19...., by .....

19                                               ...(Signature)...

20         Sworn to (or affirmed) and subscribed before me this

21  .... day of ........, ...(year)..., by ...(name of person

22  making statement)..........

23

24           ...(Signature of Notary Public - State of Florida)...

25           ...(Print, Type, or Stamp Commissioned Name of Notary

26  Public)...

27         Personally Known ........ OR Produced Identification

28  ........

29         Type of Identification Produced........................

30

31

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  1  Sworn to and subscribed before me this .... day of ....,

  2  19.....

  3  ...(Notary Public)...              My commission expires: ....

  4

  5         Section 13.  Paragraph (d) of subsection (1) of section

  6  713.13, Florida Statutes, is amended to read:

  7         713.13  Notice of commencement.--

  8         (1)

  9         (d)  A notice of commencement must be in substantially

10  the following form:

11

12  Permit No.....                               Tax Folio No.....

13                      NOTICE OF COMMENCEMENT

14  State of....

15  County of....

16

17  The undersigned hereby gives notice that improvement will be

18  made to certain real property, and in accordance with Chapter

19  713, Florida Statutes, the following information is provided

20  in this Notice of Commencement.

21         1.  Description of property:  ...(legal description of

22  the property, and street address if available)....

23         2.  General description of improvement:.....

24         3.  Owner information:.....

25         a.  Name and address:.....

26         b.  Interest in property:.....

27         c.  Name and address of fee simple titleholder (if

28  other than Owner):.....

29         4.  Contractor:  ...(name and address)....

30         a.  Phone number:.....

31

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  1         b.  Fax number:....(optional, if service by fax is

  2  acceptable).

  3         5.  Surety

  4         a.  Name and address:.....

  5         b.  Phone number:.....

  6         c.  Fax number:....(optional, if service by fax is

  7  acceptable).

  8         d.  Amount of bond: $.....

  9         6.  Lender:  ...(name and address)....

10         a.  Phone number:.....

11         b.  Fax number:....(optional, if service by fax is

12  acceptable).

13         7.  Persons within the State of Florida designated by

14  Owner upon whom notices or other documents may be served as

15  provided by Section 713.13(1)(a)7., Florida Statutes:

16  ...(name and address)....

17         a.  Phone number:.....

18         b.  Fax number:....(optional, if service by fax is

19  acceptable).

20         8.  In addition to himself or herself, Owner designates

21  ............ of ............ to receive a copy of the Lienor's

22  Notice as provided in Section 713.13(1)(b), Florida Statutes.

23         a.  Phone number:.....

24         b.  Fax number:....(optional, if service by fax is

25  acceptable).

26         9.  Expiration date of notice of commencement (the

27  expiration date is 1 year from the date of recording unless a

28  different date is specified).....

29

30                                      ...(Signature of Owner)...

31

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  1         Sworn to (or affirmed) and subscribed before me this

  2  .... day of ........, ...(year)..., by ...(name of person

  3  making statement)..........

  4

  5           ...(Signature of Notary Public - State of Florida)...

  6           ...(Print, Type, or Stamp Commissioned Name of Notary

  7  Public)...

  8         Personally Known ........ OR Produced Identification

  9  ........

10         Type of Identification Produced........................

11

12  Sworn to and subscribed before me this .... day of ....,

13  19.....

14

15  ...(Notary Public)...              My Commission Expires:.....

16

17         Section 14.  Subsection (7) of section 713.135, Florida

18  Statutes, is amended to read:

19         713.135  Notice of commencement and applicability of

20  lien.--

21         (7)  In addition to any other information required by

22  the authority issuing the permit, the building permit

23  application must be in substantially the following form:

24

25                                           Tax Folio No.........

26                   BUILDING PERMIT APPLICATION

27

28  Owner's Name..................................................

29  Owner's Address...............................................

30  Fee Simple Titleholder's Name (If other than owner)...........

31  Fee Simple Titleholder's Address (If other than owner)........

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  1  City..........................................................

  2  State............ Zip............

  3  Contractor's Name.............................................

  4  Contractor's Address..........................................

  5  City..........................................................

  6  State............ Zip............

  7  Job Name......................................................

  8  Job Address...................................................

  9  City................                        County............

10  Legal Description.............................................

11  Bonding Company...............................................

12  Bonding Company Address.......................................

13  City................ State............

14  Architect/Engineer's Name.....................................

15  Architect/Engineer's Address..................................

16  Mortgage Lender's Name........................................

17  Mortgage Lender's Address.....................................

18

19         Application is hereby made to obtain a permit to do the

20  work and installations as indicated.  I certify that no work

21  or installation has commenced prior to the issuance of a

22  permit and that all work will be performed to meet the

23  standards of all laws regulating construction in this

24  jurisdiction.  I understand that a separate permit must be

25  secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS,

26  FURNACES, BOILERS, HEATERS, TANKS, and AIR CONDITIONERS, etc.

27

28  OWNER'S AFFIDAVIT:  I certify that all the foregoing

29  information is accurate and that all work will be done in

30  compliance with all applicable laws regulating construction

31  and zoning.

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  1

  2         WARNING TO OWNER:  YOUR FAILURE TO RECORD A

  3         NOTICE OF COMMENCEMENT MAY RESULT IN YOUR

  4         PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.

  5

  6         IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH

  7         YOUR LENDER OR AN ATTORNEY BEFORE RECORDING

  8         YOUR NOTICE OF COMMENCEMENT.

  9                     ...(Signature of Owner or Agent)...

10                      ...(including contractor).........

11  STATE OF FLORIDA

12  COUNTY OF ........

13

14         Sworn to (or affirmed) and subscribed before me this

15  .... day of ........, ...(year)..., by ...(name of person

16  making statement)..........

17

18           ...(Signature of Notary Public - State of Florida)...

19           ...(Print, Type, or Stamp Commissioned Name of Notary

20  Public)...

21         Personally Known ........ OR Produced Identification

22  ........

23         Type of Identification Produced........................

24                                 ...(Signature of Contractor)...

25

26  STATE OF FLORIDA

27  COUNTY OF ........

28

29         Sworn to (or affirmed) and subscribed before me this

30  .... day of ........, ...(year)..., by ...(name of person

31  making statement)..........

                                  34

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  1

  2           ...(Signature of Notary Public - State of Florida)...

  3           ...(Print, Type, or Stamp Commissioned Name of Notary

  4  Public)...

  5         Personally Known ........ OR Produced Identification

  6  ........

  7         Type of Identification Produced........................

  8

  9  Signature....                   Signature....

10  Owner or Agent                  Contractor

11  (including contractor)

12

13  Date....                        Date....

14

15  NOTARY as                       NOTARY as

16  to Owner or Agent....           to Contractor....

17  My Commission Expires:....      My Commission Expires:....

18

19                (Certificate of Competency Holder)

20

21  Contractor's State Certification or Registration No.....

22

23  Contractor's Certificate of Competency No.........

24

25  APPLICATION APPROVED BY................Permit Officer

26

27         Section 15.  Subsections (4), (6), and (8) of section

28  713.245, Florida Statutes, are amended to read:

29         713.245  Conditional payment bond.--

30         (4)  Within 90 days after a claim of lien is recorded

31  for labor, services, or materials for which the contractor has

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  1  been paid, the owner or the contractor may record a notice of

  2  bond as specified in s. 713.23(2), together with a copy of the

  3  bond and a sworn statement in substantially the following

  4  form:

  5

  6             CERTIFICATE OF PAYMENT TO THE CONTRACTOR

  7

  8  TO: Lienor ...(name and address from claim of lien)...

  9  Contractor ...(name and address)...

10  Surety ...(name and address)...

11

12         Under penalties of perjury, the undersigned certifies

13  that the bond recorded with this certificate conforms with s.

14  713.245, F.S., that the bond is in full force and effect, and

15  that the contractor has been paid $.... for the labor,

16  services, and materials described in the Claim of Lien filed

17  by ........ dated ...., ...(year)......... 19...., and

18  recorded ........, ...(year)......... 19...., in Official

19  Records Book .... at Page .... of the Public Records of

20  ........ County, Florida.

21

22         Dated this .... day of ........, ...(year).........

23  19.....

24                                                   ...(Owner)...

25                                                 ...(Address)...

26                                                    ............

27                                                    ............

28

29  STATE OF FLORIDA

30  COUNTY OF ........

31

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  1         Sworn to (or affirmed) and subscribed before me this

  2  .... day of ........, ...(year)..., by ...(name of person

  3  making statement)..........

  4

  5           ...(Signature of Notary Public - State of Florida)...

  6           ...(Print, Type, or Stamp Commissioned Name of Notary

  7  Public)...

  8         Personally Known ........ OR Produced Identification

  9  ........

10         Type of Identification Produced........................

11

12  Sworn to and subscribed before me,

13  the undersigned authority, this

14  .... day of ...., 19.....

15

16  ...(Name)...

17  NOTARY PUBLIC

18  My Commission Expires:

19                                              ...(Contractor)...

20                                                 ...(Address)...

21                                                    ............

22                                                    ............

23

24  STATE OF FLORIDA

25  COUNTY OF ........

26

27         Sworn to (or affirmed) and subscribed before me this

28  .... day of ........, ...(year)..., by ...(name of person

29  making statement)..........

30

31           ...(Signature of Notary Public - State of Florida)...

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  1           ...(Print, Type, or Stamp Commissioned Name of Notary

  2  Public)...

  3         Personally Known ........ OR Produced Identification

  4  ........

  5         Type of Identification Produced........................

  6

  7  Sworn to and subscribed before me,

  8  the undersigned authority, this

  9  .... day of ...., 19.....

10

11  ...(Name)...

12  NOTARY PUBLIC

13  My Commission Expires:

14

15  Any notice of bond recorded more than 90 days after the

16  recording of the claim of lien shall have no force or effect

17  as to that lien unless the owner, the contractor and the

18  surety all sign the notice of bond.

19         (6)  The contractor may join in a certificate of

20  payment to the contractor at any time by recording a sworn

21  statement substantially in the following form:

22

23                JOINDER IN CERTIFICATE OF PAYMENT

24

25  TO: Owner ...(name and address from certificate of payment)...

26  Lienor ...(name and address from claim of lien)...

27  Surety ...(name and address)...

28

29  The undersigned joins in the Certificate of Payment to the

30  Contractor recorded on ........, ...(year)......... 19...., in

31  Official Records Book .... at Page .... of the Public Records

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  1  of ........ County, Florida, and certifies that the facts

  2  stated in the Certificate of Payment to the Contractor are

  3  true and correct.

  4

  5         Dated this .... day of ........, ...(year).........

  6  19.....

  7                                                    ...(Name)...

  8                                                 ...(Address)...

  9                                                    ............

10                                                    ............

11

12  STATE OF FLORIDA

13  COUNTY OF ........

14

15         Sworn to (or affirmed) and subscribed before me this

16  .... day of ........, ...(year),..., by ...(name of person

17  making statement)..........

18

19           ...(Signature of Notary Public - State of Florida)...

20           ...(Print, Type, or Stamp Commissioned Name of Notary

21  Public)...

22         Personally Known ........ OR Produced Identification

23  ........

24         Type of Identification Produced........................

25

26  Sworn to and subscribed before me,

27  the undersigned authority, this

28  .... day of ...., 19.....

29

30  ...(Name)...

31  NOTARY PUBLIC

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  1  My Commission Expires:

  2

  3         (8)  If the contractor disputes the certificate of

  4  payment to the contractor, the contractor must record, not

  5  later than 15 days after the date the clerk certifies service

  6  of the certificate, a sworn statement in substantially the

  7  following form:

  8

  9                   NOTICE OF CONTEST OF PAYMENT

10

11  TO: Owner ...(name and address from certificate of payment)...

12  Lienor ...(name and address from claim of lien)...

13  Surety ...(name and address)...

14

15         Under penalties of perjury, the undersigned certifies

16  that the contractor has not been paid or has only been paid

17  $.... for the labor, services, and materials described in the

18  Certificate of Payment to the Contractor recorded in Official

19  Records Book .... at Page .... of the Public Records of

20  ........ County, Florida.

21

22         Dated this .... day of ........, ...(year).........

23  19.....

24                                                    ...(Name)...

25                                                 ...(Address)...

26                                                    ............

27                                                    ............

28

29  STATE OF FLORIDA

30  COUNTY OF ........

31

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  1         Sworn to (or affirmed) and subscribed before me this

  2  .... day of ........, ...(year)..., by ...(name of person

  3  making statement)..........

  4

  5           ...(Signature of Notary Public - State of Florida)...

  6           ...(Print, Type, or Stamp Commissioned Name of Notary

  7  Public)...

  8         Personally Known ........ OR Produced Identification

  9  ........

10         Type of Identification Produced........................

11

12  Sworn to and subscribed before me,

13  the undersigned authority, this

14  .... day of ...., 19.....

15

16  ...(Name)...

17  NOTARY PUBLIC

18  My Commission Expires:

19

20         Section 16.  Paragraph (b) of subsection (1) of section

21  727.104, Florida Statutes, is amended to read:

22         727.104  Commencement of proceedings.--

23         (1)

24         (b)  The assignment shall be in substantially the

25  following form:

26

27                            ASSIGNMENT

28

29  ASSIGNMENT, made this .... day of ...., ...(year).........

30  19...., between ...., with a principal place of business at

31

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  1  ...., hereinafter "assignor," and ...., whose address is ....,

  2  hereinafter "assignee."

  3         WHEREAS, the assignor has been engaged in the business

  4  of ........;

  5         WHEREAS, the assignor is indebted to creditors, as set

  6  forth in Schedule A annexed hereto, is unable to pay its debts

  7  as they become due, and is desirous of providing for the

  8  payment of its debts, so far as it is possible by an

  9  assignment of all of its assets for that purpose.

10         NOW, THEREFORE, the assignor, in consideration of the

11  assignee's acceptance of this assignment, and for other good

12  and valuable consideration, hereby grants, assigns, conveys,

13  transfers, and sets over, unto the assignee, her or his

14  successors and assigns, all of its assets, except such assets

15  as are exempt by law from levy and sale under an execution,

16  including, but not limited to, all real property, fixtures,

17  goods, stock, inventory, equipment, furniture, furnishings,

18  accounts receivable, bank deposits, cash, promissory notes,

19  cash value and proceeds of insurance policies, claims and

20  demands belonging to the assignor, wherever such assets may be

21  located, hereinafter the "estate," as which assets are, to the

22  best knowledge and belief of the assignor, set forth on

23  Schedule B annexed hereto.

24         The assignee shall take possession and administer the

25  estate in accordance with the provisions of chapter 727,

26  Florida Statutes, and shall liquidate the assets of the estate

27  with reasonable dispatch and convert the estate into money,

28  collect all claims and demands hereby assigned as may be

29  collectible, and pay and discharge all reasonable expenses,

30  costs, and disbursements in connection with the execution and

31

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  1  administration of this assignment from the proceeds of such

  2  liquidations and collections.

  3         The assignee shall then pay and discharge in full, to

  4  the extent that funds are available in the estate after

  5  payment of administrative expenses, costs, and disbursements,

  6  all of the debts and liabilities now due from the assignor,

  7  including interest on such debts and liabilities.  If funds of

  8  the estate shall not be sufficient to pay such debts and

  9  liabilities in full, then the assignee shall pay from funds of

10  the estate such debts and liabilities, on a pro rata basis and

11  in proportion to their priority as set forth in s. 727.114,

12  Florida Statutes.

13         In the event that all debts and liabilities are paid in

14  full, any funds of the estate remaining shall be returned to

15  the assignor.

16         To accomplish the purposes of this assignment, the

17  assignor hereby appoints the assignee its true and lawful

18  attorney, irrevocable, with full power and authority to do all

19  acts and things which may be necessary to execute the

20  assignment hereby created; to demand and recover from all

21  persons all assets of the estate; to sue for the recovery of

22  such assets; to execute, acknowledge, and deliver all

23  necessary deeds, instruments, and conveyances; and to appoint

24  one or more attorneys under her or him to assist the assignee

25  in carrying out her or his duties hereunder.

26         The assignor hereby authorizes the assignee to sign the

27  name of the assignor to any check, draft, promissory note, or

28  other instrument in writing which is payable to the order of

29  the assignor, or to sign the name of the assignor to any

30  instrument in writing, whenever it shall be necessary to do

31  so, to carry out the purpose of this assignment.

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  1         The assignee hereby accepts the trust created by the

  2  assignment, and agrees with the assignor that the assignee

  3  will faithfully and without delay carry out her or his duties

  4  under the assignment.

  5

  6                                               ................

  7                                                   Assignor

  8

  9                                               ................

10                                                   Assignee

11

12  STATE OF FLORIDA

13  COUNTY OF ........  SS: ........

14

15         The foregoing assignment was acknowledged before me

16  this .... day of ...., ...(year)......... 19...., by ...., as

17  assignor, and by ...., as assignee, for the purposes therein

18  expressed.

19           ...(Signature of Notary Public - State of Florida)...

20           ...(Print, Type, or Stamp Commissioned Name of Notary

21  Public)...

22         Personally Known ........ OR Produced Identification

23  ........

24         Type of Identification Produced........................

25

26

27                                               ................

28                                                Notary Public

29

30  My Commission Expires:

31

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  1         Section 17.  Section 732.503, Florida Statutes, is

  2  amended to read:

  3         732.503  Self-proof of will.--A will or codicil

  4  executed in conformity with s. 732.502(1) and (2) may be made

  5  self-proved at the time of its execution or at any subsequent

  6  date by the acknowledgment of it by the testator and the

  7  affidavits of the witnesses, each made before an officer

  8  authorized to administer oaths and evidenced by the officer's

  9  certificate attached to or following the will, in

10  substantially the following form:

11

12  STATE OF ....

13  COUNTY OF ....

14         We, ...., ...., and .... the testator and the

15  witnesses, respectively, whose names are signed to the

16  attached or foregoing instrument, having been sworn, declared

17  to the undersigned officer that the testator, in the presence

18  of witnesses, signed the instrument as the testator's last

19  will (codicil), that the testator (signed) (or directed

20  another to sign for him or her), and that each of the

21  witnesses, in the presence of the testator and in the presence

22  of each other, signed the will as a witness.

23                                                ...(Testator)...

24                                                 ...(Witness)...

25                                                 ...(Witness)...

26         Subscribed and sworn to before me by ...., the testator

27  a witness who is personally known to me or who has produced

28  ...(type of identification)... as identification, and by ....,

29  a witness who is personally known to me or who has produced

30  ...(type of identification)... as identification, and by ....,

31  a witness who is personally known to me or who has produced

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  1  ...(type of identification)... as identification, on ....,

  2  ...(year)......... 19.....

  3                              ...(Signature of Notary Public)...

  4  ...(Print, type, or stamp commissioned name of Notary

  5  Public)...

  6                                     My Commission Expires: ....

  7

  8         Section 18.  Subsection (1) of section 747.051, Florida

  9  Statutes, is amended to read:

10         747.051  Summary procedure.--

11         (1)  If the wife of any person defined as an absentee

12  in s. 747.01(1), or his next of kin if said absentee has no

13  wife, shall wish to sell or transfer any property of the

14  absentee which has a gross value of less than $5,000, or shall

15  require the consent of the absentee in any matter regarding

16  the absentee's children or in any other matter in which the

17  gross value of the subject matter is less than $5,000, she may

18  apply to the circuit court for an order authorizing said sale,

19  transfer, or consent without opening a full conservatorship

20  proceeding as provided by this chapter.  She may make the

21  application without the assistance of an attorney. Said

22  application shall be made by petition on the following form,

23  which form shall be made readily available to the applicant by

24  the clerk of the circuit court:

25

26                       In the Circuit Court

27

28  In re: ...(Absentee)...,  case number .....

29

30                   PETITION FOR SUMMARY RELIEF

31

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  1  Petitioner, ...(Name)..., whose residence is ...(Street &

  2  number)..., ...(City or town)..., and ...(County)..., Florida,

  3  and who is the ...(Describe relationship to absentee)... of

  4  the absentee, ...(Name)..., states that the absentee has been

  5  ...(Imprisoned or missing in action)... since ...(Date)...

  6  when ...(Describe details).... Petitioner desires to

  7  sell/transfer ...(Describe property)... of the value of

  8  ...(Value)... because ...(Give reasons)....  The terms of

  9  sale/transfer are ...(Give reasons)....  Petitioner requires

10  the consent of the absentee for the purpose of .....

11                                              ...(Petitioner)...

12  State of Florida

13  County of....

14

15         Sworn to (or affirmed) and subscribed before me this

16  .... day of ........, ...(year)..., by ...(name of person

17  making statement)..........

18

19           ...(Signature of Notary Public - State of Florida)...

20           ...(Print, Type, or Stamp Commissioned Name of Notary

21  Public)...

22         Personally Known ........ OR Produced Identification

23  ........

24         Type of Identification Produced........................

25

26

27  The above named, ...., being by me duly sworn, says the

28  foregoing petition is true and correct to the best of his/her

29  knowledge and belief.

30                     ...(Notary Public or County Court Judge)...

31                                      My commission expires ....

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  1

  2         Section 19.  This act shall take effect January 1,

  3  1999.

  4

  5            *****************************************

  6                          SENATE SUMMARY

  7    Revises various statutes relating to the appointment and
      regulation of notaries public. Major changes include an
  8    increase in the amount of the bond required of a notary
      public; providing requirements for a resignation of a
  9    notary public; separating the provisions for
      acknowledgments by a notary public, and for the
10    solemnizing of rites of marriage; specifying the elements
      of a notarial certificate; revising provisions relating
11    to identification of a person whose signature is to be
      notarized; revising provisions relating to copying
12    certain documents; and requiring a notary public to make
      reasonable accommodations to provide notarial services to
13    disabled person. (See bill for details.)

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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