Senate Bill 1130c1

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    Florida Senate - 1998                           CS for SB 1130

    By the Committee on Banking and Insurance and Senator Grant





    311-1969-98

  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; authorizing the

  5         Executive Office of the Governor to contract

  6         for certain services; increasing the amount of

  7         the bond required of a notary public; providing

  8         requirements for a resigning notary public;

  9         amending s. 117.03, F.S.; deleting obsolete

10         language; amending s. 117.04, F.S.; providing

11         for acknowledgements by a notary; creating s.

12         117.045, F.S.; providing for solemnizing rites

13         of marriage by a notary; limiting fees;

14         amending s. 117.05, F.S.; providing that the

15         official seal and certificate of commission are

16         the exclusive property of the notary public;

17         providing a criminal penalty for unlawful

18         possession of a notary public official seal or

19         papers; specifying the elements of a notarial

20         certificate; revising provisions relating to

21         identification; deleting specified

22         circumstances under which a signature may not

23         be notarized; revising provisions relating to

24         copying certain documents; requiring a notary

25         public to make reasonable accommodations to

26         provide notarial services to disabled persons;

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

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

29         providing that a notary public's commission is

30         not required to be filed with the clerk of the

31         circuit court; providing for certification of

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  1         the commission from the Secretary of State;

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

  3         provisions relating to prohibited acts;

  4         providing a civil penalty; amending s. 117.20,

  5         F.S.; providing for electronic notarizations;

  6         amending s. 118.10, F.S.; redefining the terms

  7         "authentication instrument" and "Florida

  8         international notary"; revising requirements to

  9         become a Florida international notary; amending

10         ss. 11.03, 475.180, 713.08, 713.13, 713.135,

11         713.245, 727.104, 732.503, and 747.051, F.S.;

12         revising certain forms; providing an effective

13         date.

14

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

16

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

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

19  Florida Statutes, are amended to read:

20         117.01  Appointment, application, suspension,

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

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

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

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

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

26  appointed and shall file with his or her application a

27  recorded Declaration of Domicile.  The residence required for

28  appointment must be maintained throughout the term of

29  appointment. Notaries public shall be appointed for 4 years

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

31

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

  2  read, write, and understand the English language.

  3         (2)  The application for appointment shall be signed

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

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

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

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

  8  assist notaries public. The Executive Office of the Governor

  9  may contract with private vendors to provide the services set

10  forth in this section. However, no commission fee shall be

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

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

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

14  States Government or the United States Department of Veterans

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

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

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

18  reasonable procedures to implement this act. The oath of

19  office and notary bond required by this section shall also

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

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

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

23  address and telephone number, business address and telephone

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

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

26  other official state-issued identification, affidavit of good

27  character from someone unrelated to the applicant who has

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

29  professional licenses and commissions issued by the state

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

31  not the applicant has had such license or commission revoked

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

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

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

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

  5  fictitious or assumed name other than a nickname on an

  6  application for commission.  The application shall be

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

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

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

10  address, home telephone number, business telephone number,

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

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

13  she deems necessary for determining whether an applicant is

14  eligible for a notary public commission.  Each applicant must

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

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

17  knowledge.

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

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

20  Constitution. Grounds constituting malfeasance, misfeasance,

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

22  following:

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

24  address or telephone number, or failure to submit

25  documentation to request an amended commission after a lawful

26  name change, within the specified period of time.

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

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

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

30  Secretary of State his or her notary commission.

31

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

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

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

  4  or a notary public whose resignation is required by the

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

  6  Governor and shall return his or her certificate of notary

  7  public commission. The resigning notary public shall destroy

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

  9  Governor requests its return.

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

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

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

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

14  capacity, in the amount of $7,500 $5,000, conditioned for the

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

16  she will honestly, diligently, and faithfully discharge the

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

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

19  company for hire duly authorized to transact business in this

20  state.

21         (b)  Any notary public whose term of appointment

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

23  the amount of his or her bond to $7,500 $5,000 only upon

24  reappointment on or after January 1, 1999 1992.

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

26  which process notary public applications, oaths, affidavits of

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

28  must properly submit these documents in a software and hard

29  copy format approved by the Department of State.

30         Section 2.  Section 117.03, Florida Statutes, is

31  amended to read:

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  1         117.03  Administration of oaths.--A notary public may

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

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

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

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

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

  7         Section 3.  Section 117.04, Florida Statutes, is

  8  amended to read:

  9         117.04  Marriages; Acknowledgments.--A notary public is

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

11  acknowledgments of deeds and other instruments of writing for

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

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

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

15  circuit court for like services.

16         Section 4.  Section 117.045, Florida Statutes, is

17  created to read:

18         117.045  Marriages.--A notary public is authorized to

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

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

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

22  services.

23         Section 5.  Section 117.05, Florida Statutes, is

24  amended to read:

25         117.05  Use of notary commission; unlawful use; notary

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

27  advertising; photocopies; penalties.--

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

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

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

31  signature.  Any person applying for a notary public commission

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

  2  requested.  Any person who violates the provisions of this

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

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

  5  775.084.

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

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

  8  117.04.

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

10  notarized paper documents and shall be of the rubber stamp

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

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

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

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

15  be affixed to the notarized paper document in photographically

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

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

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

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

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

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

22  therefor.

23         (b)  Any notary public whose term of appointment

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

25  stamp type notary public seal on paper documents only upon

26  reappointment on or after January 1, 1992.

27         (c)  The notary public official seal and the

28  certificate of notary public commission are the exclusive

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

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

31  and certificate of commission must not be surrendered to an

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  1  employer upon termination of employment, regardless of whether

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

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

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

  5  shall immediately notify the Department of State or the

  6  Governor in writing.

  7         (e)  Any person who unlawfully possesses a notary

  8  public official seal or any papers or copies relating to

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

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

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

12  complete a jurat or notarial certificate in substantially the

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

14  certificate of acknowledgement shall contain the following

15  elements:

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

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

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

19  acknowledgement, evidenced by the words "sworn" or

20  "acknowledged."

21         (c)  That the signer personally appeared before the

22  notary public at the time of the notarization.

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

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

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

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

27         (f)  The specific type of identification the notary

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

29  on personal knowledge or satisfactory evidence specified in s.

30  117.05(5).

31         (g)  The notary's official signature.

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

  2  below the signature.

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

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

  5  notarial certificate or jurat and shall specify which

  6  signature is being notarized and that the signer personally

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

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

  9  public, that notarization is to all signatures.

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

11  document unless he or she personally knows, or has

12  satisfactory evidence, that the person whose signature is to

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

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

15  certificate of acknowledgment or jurat the type of

16  identification, either based on personal knowledge or other

17  form of identification, upon which the notary public is

18  relying.

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

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

21  other circumstances which would lead a reasonable person to

22  believe that the person whose signature is to be notarized

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

24  to be and any one of the following:

25         1.  The sworn written statement of one a credible

26  witness personally known to the notary public or that the

27  person whose signature is to be notarized is personally known

28  to the witness;

29         2.  the sworn written statement of two credible

30  witnesses whose identities are proven to the notary public

31

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  1  upon the presentation of satisfactory evidence that each of

  2  the following is are true:

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

  4  is the person named in the document;

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

  6  is personally known to the witnesses;

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

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

  9  notarized are such that it would be very difficult or

10  impossible for that person to obtain another acceptable form

11  of identification;

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

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

14  possess any of the identification documents specified in

15  subparagraph 2.3.; and

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

17  in nor are parties to the underlying transaction; or

18         2.3.  Reasonable reliance on the presentation to the

19  notary public of any one of the following forms of

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

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

22  identifying number:

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

24  license issued by the public agency authorized to issue

25  driver's licenses Department of Highway Safety and Motor

26  Vehicles;

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

28  United States; or

29         c.  A passport issued by a foreign government if

30  Reasonable reliance on the presentation of any one of the

31  following forms of identification, if the document is current

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

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

  3  passport, the document is stamped by the United States

  4  Immigration and Naturalization Service;:

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

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

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

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

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

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

11  Mexican public agency authorized to issue drivers' licenses;

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

13  the United States or a state other than Florida;

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

15  the armed forces of the United States;

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

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

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

19         g.  An inmate identification card issued by the United

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

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

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

23  enforcement officer that the forms of identification for an

24  inmate in an institution of confinement were confiscated upon

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

26  person whose signature is to be notarized; or

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

28  States Department of Justice, Immigration, and Naturalization

29  Service.

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

31  document if:

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

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

  3  signature is notarized.  Any notary public who violates this

  4  paragraph is guilty of a civil infraction, punishable by

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

  6  malfeasance and misfeasance in the conduct of official duties.

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

  8  paragraph that the notary public acted without intent to

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

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

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

12  endorsement or assignment in blank of a negotiable or

13  nonnegotiable note and the assignment in blank of any

14  instrument given as security for such note is not deemed

15  incomplete.

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

17  signing the document has been adjudicated mentally

18  incapacitated, and the notarization relates to a right that

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

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

21  record.

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

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

24  public.

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

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

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

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

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

30  transaction under this subsection unless he or she receives a

31  benefit other than salary and any fee for services authorized

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

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

  3  not a party to the underlying transaction evidenced by a

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

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

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

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

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

  9         (6)(7)  The employer of a notary public shall be liable

10  to the persons involved for all damages proximately caused by

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

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

13  the notary engaged in the official misconduct.

14         (7)(8)  Any person who acts as or otherwise willfully

15  impersonates a notary public while not lawfully appointed and

16  commissioned to perform notarial acts is guilty of a

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

18  775.082 or s. 775.083.

19         (9)  Any person who unlawfully possesses a notary

20  public official seal or any papers or copies relating to

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

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

23         (8)(10)  Any notary public who knowingly acts as a

24  notary public after his or her commission has expired is

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

26  provided in s. 775.082 or s. 775.083.

27         (9)(11)  Any notary public who lawfully changes his or

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

29  request an amended commission from the Secretary of State and

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

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

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

  2  official signature.  The Secretary of State shall issue an

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

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

  5  change form. After submitting the required notice of change

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

  7  commission, the notary public may continue to perform notarial

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

  9  the amended commission, whichever date is earlier.

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

11  her notary public seal of office shall forthwith mail or

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

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

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

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

16  newspapers, or other written communication, with the exception

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

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

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

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

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

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

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

24  modified but must include substantially the same message.

25         (11)(14)  Literal translation of the phrase "Notary

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

27  advertisement for notarial services.

28         (12)(15)(a)  A notary public may supervise the making

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

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

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

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

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

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

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

  5  copy can be made by another public official.

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

  7  substantially the following form in notarizing an attested

  8  copy:

  9

10  STATE OF FLORIDA

11  COUNTY OF ........

12

13  On this .... day of ........, ...(year)...19...., I attest

14  that the preceding or attached document is a true, exact,

15  complete, and unaltered photocopy made by me of

16  ...(description of document)... presented to me by the

17  document's custodian, ................, and, to the best of my

18  knowledge, that the photocopied document is neither a vital

19  public record nor a public record publicly recordable

20  document, certified copies of which are available from an

21  official source other than a notary public.

22

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

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

25

26         (13)(16)  The following notarial form certificates are

27  sufficient for the purposes indicated, if completed with the

28  information required by this chapter.  The specification of

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

30  forms.

31         (a)  For an oath or affirmation:

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  1

  2  STATE OF FLORIDA

  3  COUNTY OF ........

  4

  5                                  ...(Signature of Applicant)...

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

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

  8  of person making statement)....

  9

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

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

12  Public)...

13         Personally Known ........ OR Produced Identification

14  ........

15         Type of Identification Produced........................

16

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

18

19  STATE OF FLORIDA

20  COUNTY OF ........

21

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

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

24  of person acknowledging)...

25

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

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

28  Public)...

29         Personally Known ........ OR Produced Identification

30  ........

31         Type of Identification Produced........................

                                  16

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  1

  2         (c)  For an acknowledgment in a representative

  3  capacity:

  4

  5  STATE OF FLORIDA

  6  COUNTY OF ........

  7

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

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

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

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

12  of whom instrument was executed)...

13

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

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

16  Public)...

17         Personally Known ........ OR Produced Identification

18  ........

19         Type of Identification Produced........................

20

21         (14)  A notary public must make reasonable

22  accommodations to provide notarial services to persons with

23  disabilities.

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

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

26  entire instrument to that person.

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

28  person who signs with a mark if:

29         1.  The document signing is witnessed by two

30  disinterested persons;

31

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

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

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

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

  5  below the person's signature mark.

  6         (c)  The following notarial certificates are sufficient

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

  8  mark:

  9         1.  For an oath or affirmation:

10

11                             ...(First Name)......(Last Name)...

12                                         ...His (or her) Mark...

13

14  STATE OF FLORIDA

15  COUNTY OF ........

16

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

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

19  signed with a mark in the presence of these witnesses:

20

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

22

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

24  Public)...

25         Personally Known ........ OR Produced Identification

26  ........

27         Type of Identification Produced........................

28

29         2.  For an acknowledgment in an individual capacity:

30

31                             ...(First Name)......(Last Name)...

                                  18

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  1                                         ...His (or her) Mark...

  2

  3  STATE OF FLORIDA

  4  COUNTY OF ........

  5

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

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

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

  9  these witnesses:

10

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

12

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

14  Public)...

15         Personally Known ........ OR Produced Identification

16  ........

17         Type of Identification Produced........................

18

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

20  whose signature is to be notarized when that person is

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

22  document if:

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

24  sign in his or her presence;

25         2.  The document signing is witnessed by two

26  disinterested persons;

27         3.  The notary writes below the signature the following

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

29  117.05(14), Florida Statutes," and states the circumstances of

30  the signing in the notarial certificate.

31

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  1         (e)  The following notarial certificates are sufficient

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

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

  4

  5         1.  For an oath or affirmation:

  6

  7  STATE OF FLORIDA

  8  COUNTY OF ........

  9

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

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

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

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

14  and 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  STATE OF FLORIDA

27  COUNTY OF ........

28

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

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

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

                                  20

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  1  the direction of and in the presence of ...(name of person

  2  acknowledging)..., and in the presence of these witnesses:

  3

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

  5

  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         Section 6.  Section 117.10, Florida Statutes, is

13  amended to read:

14         117.10  Law enforcement officers and correctional

15  officers.--Law enforcement officers, correctional officers,

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

17  and traffic accident investigation officers, as described in

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

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

20  oaths notaries public when engaged in the performance of

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

22  117.103 do not apply to the provisions of this section.  An

23  officer may not notarize his or her own signature.

24         Section 7.  Section 117.103, Florida Statutes, is

25  amended to read:

26         117.103  Certification of notary's authority by

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

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

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

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

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

                                  21

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

  2  the Secretary of State shall provide a certificate of notarial

  3  authority.  Documents destined for countries participating in

  4  an International Treaty called the Hague Convention require an

  5  Apostille, and that requirement shall be determined by the

  6  Secretary of State.

  7         Section 8.  Section 117.107, Florida Statutes, is

  8  amended to read:

  9         117.107  Prohibited acts.--

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

11  signing certificates other than that by which the notary

12  public is commissioned.

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

14  using a facsimile signature stamp unless the notary public has

15  a physical disability that limits or prohibits his or her

16  ability to make a written signature and unless the notary

17  public has first submitted written notice to the Department of

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

19  notary public may not acknowledge an instrument in which the

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

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

22  to a blank form of affidavit or certificate of acknowledgment

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

24  it be used as an affidavit or acknowledgment.

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

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

27  actually knows to have been adjudicated adjudged mentally

28  incapacitated by a court of competent jurisdiction, where the

29  acknowledgment or oath necessitates the exercise of a right

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

31

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

  2  of record.

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

  4  document if it appears that the person is mentally incapable

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

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

  7  acknowledgment of a person who is blind until the notary

  8  public has read the instrument to such person.

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

10  a person who does not speak or understand the English

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

12  notarized is translated into a language which the person does

13  understand.

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

15  written instrument after it has been signed by anyone.

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

17  certificate after the notarization is complete.

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

19  document if the person whose signature is being notarized is

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

21  signature is notarized. Any notary public who violates this

22  subsection is guilty of a civil infraction, punishable by

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

24  malfeasance and misfeasance in the conduct of official duties.

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

26  subsection that the notary public acted without intent to

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

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

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

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

31  endorsement or assignment in blank of a negotiable or

                                  23

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  1  nonnegotiable note and the assignment in blank of any

  2  instrument given as security for such note is not deemed

  3  incomplete.

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

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

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

  7  public.

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

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

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

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

12  her employer, and this employment does not constitute a

13  financial interest in the transaction nor make the notary a

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

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

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

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

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

19  party to the underlying transaction evidenced by a notarized

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

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

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

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

24  authorized by law for services as a notary public.

25         Section 9.  Section 117.20, Florida Statutes, is

26  amended to read:

27         117.20  Electronic notarization.--

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

29  117.05(1)-(11), (13), and (14) 117.05(1)-(14) and (16),

30  117.105, and 117.107 apply to all notarizations under this

31  section except as set forth in this section.

                                  24

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  1         (2)  An electronic notarization shall include the words

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

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

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

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

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

  7  notarization.

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

  9  notarizations and obtains a certificate from any certification

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

11  the state shall request an amended commission from the

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

13  The Secretary of State shall issue an amended commission to

14  the notary public indicating that the notary is a subscriber

15  to the certification authority identified in the notary's

16  request for an amended commission.  After requesting an

17  amended commission, the notary public may continue to perform

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

19  the performance of notarial acts until receipt of the amended

20  commission.  Any fees collected from such amended commissions

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

22  of electronic notary commissions.

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

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

25  public shall immediately notify the Secretary of State in

26  writing of the breach of security and shall request the

27  issuing certification authority to suspend or revoke the

28  certificate.

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

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

31  this section.

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

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

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

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

  5  address and telephone number, and the specific type of

  6  identification presented by the signer, including both its

  7  serial number and its expiration date.

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

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

10  journal for inspection. The notary public must retain the

11  journal for safekeeping for at least five years beyond the

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

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

14  misplaced, destroyed, or rendered unusable within the time

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

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

17  State in writing of the circumstances of the incident.

18         (6)(5)  Failure to comply with this section constitutes

19  grounds for suspension from office by the Governor.

20         Section 10.  Section 118.10, Florida Statutes, is

21  amended to read:

22         118.10  Florida international notary.--

23         (1)  As used in this section, the term:

24         (a)  "Authentic act" "Authentication instrument" means

25  an instrument executed by a Florida international notary

26  referencing this section, which includes the particulars and

27  capacities to act of transacting parties, a confirmation of

28  the full text of the instrument, the signatures of the parties

29  or legal equivalent thereof, and the signature and seal of a

30  Florida international notary as prescribed by the Florida

31

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  1  Secretary of State for use in a jurisdiction outside the

  2  borders of the United States.

  3         (b)  "Florida international notary" means a person who

  4  is a member in good standing of The Florida Bar admitted to

  5  the practice of law in this state, who has practiced law for

  6  at least 5 years, and who is appointed by the Secretary of

  7  State as a Florida international notary.

  8         (c)  "Protocol" means a registry maintained by a

  9  Florida international notary in which the acts of the Florida

10  international notary are archived.

11         (2)  The Secretary of State shall have the power to

12  appoint Florida international notaries and administer this

13  section.

14         (3)  A Florida international notary is authorized to

15  issue authentication instruments for use in non-United States

16  jurisdictions. A Florida international notary is not

17  authorized to issue authentic acts authentication instruments

18  for use in a non-United States jurisdiction if the United

19  States Department of State has determined that the

20  jurisdiction does not have diplomatic relations with the

21  United States or is a terrorist country, or if trade with the

22  jurisdiction is prohibited under the Trading With the Enemy

23  Act of 1917, as amended, 50 U.S.C. ss. 1, et seq.

24         (4)  The authentication instruments of a Florida

25  international notary shall not be considered authentication

26  instruments within the borders of the United States and shall

27  have no consequences or effects as authentication instruments

28  in the United States.

29         (4)(5)  The authentic acts authentication instruments

30  of a Florida international notary shall be recorded in the

31

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  1  Florida international notary's protocol in a manner prescribed

  2  by the Secretary of State.

  3         (5)(6)  The Secretary of State may adopt rules

  4  prescribing:

  5         (a)  The form and content of signatures and seals or

  6  their legal equivalents for authentic acts authentication

  7  instruments;

  8         (b)  Procedures for the permanent archiving of

  9  authentic acts authentication instruments;

10         (c)  The charging of reasonable fees to be retained by

11  the Secretary of State for the purpose of administering this

12  section;

13         (d)  Educational requirements and procedures for

14  testing applicants' knowledge of the effects and consequences

15  associated with authentic acts authentication instruments in

16  jurisdictions outside the United States;

17         (e)  Procedures for the disciplining of Florida

18  international notaries, including the suspension and

19  revocation of appointments for misrepresentation or fraud

20  regarding the Florida international notary's authority, the

21  effect of the Florida international notary's authentic acts

22  authentication instruments, or the identities or acts of the

23  parties to a transaction; and

24         (f)  Other matters necessary for administering this

25  section.

26         (6)(7)  The Secretary of State shall not regulate,

27  discipline or attempt to discipline, or establish any

28  educational requirements for any Florida international notary

29  for, or with regard to, any action or conduct that would

30  constitute the practice of law in this state, except by

31  agreement with The Florida Bar.  The Secretary of State shall

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  1  not establish as a prerequisite to the appointment of a

  2  Florida international notary any test containing any question

  3  that inquires of the applicant's knowledge regarding the

  4  practice of law in the United States, except by agreement with

  5  The Florida Bar.

  6         (7)(8)  This section shall not be construed as

  7  abrogating the provisions of any other act relating to

  8  notaries public, attorneys, or the practice of law in this

  9  state.

10         Section 11.  Subsection (1) of section 11.03, Florida

11  Statutes, is amended to read:

12         11.03  Proof of publication of notice.--

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

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

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

16  exclusive:

17

18  STATE OF FLORIDA

19  COUNTY OF ....

20         Before the undersigned authority personally appeared

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

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

23  stating the substance of a contemplated law or proposed bill

24  relating to

25                    ...(here identify bill)...

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

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

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

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

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

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

                                  29

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

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

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

  4  that has been published as aforesaid and also this affidavit

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

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

  7  by reference made a part of this affidavit.

  8  ..............................................................

  9

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

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

12  making statement)..........

13

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

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

16  Public)...

17         Personally Known ........ OR Produced Identification

18  ........

19         Type of Identification Produced........................

20

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

22         (SEAL)

23  ...(Signature)...

24  Notary Public, State of Florida.

25  My commission expires ....

26

27         Section 12.  Paragraph (a) of subsection (2) of section

28  475.180, Florida Statutes, is amended to read:

29         475.180  Nonresident licenses.--

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

31  state shall file an irrevocable consent that suits and actions

                                  30

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

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

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

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

  5  delivering the process or pleading to the director of the

  6  Division of Real Estate by certified mail, return receipt

  7  requested, and also to the licensee by registered mail

  8  addressed to the licensee at her or his designated principal

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

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

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

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

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

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

15         Section 13.  Subsection (3) of section 713.08, Florida

16  Statutes, is amended to read:

17         713.08  Claim of lien.--

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

19  substantially the following form:

20

21                          CLAIM OF LIEN

22  State of ....

23  County of ....

24         Before me, the undersigned notary public, personally

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

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

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

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

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

30  .... County, Florida:

31

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  1               (Legal description of real property)

  2

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

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

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

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

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

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

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

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

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

12  ...(year)......... 19...., by .....

13                                               ...(Signature)...

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

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

26  19.....

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

28

29         Section 14.  Paragraph (d) of subsection (1) of section

30  713.13, Florida Statutes, is amended to read:

31         713.13  Notice of commencement.--

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  1         (1)

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

  3  the following form:

  4

  5  Permit No.....                               Tax Folio No.....

  6                      NOTICE OF COMMENCEMENT

  7  State of....

  8  County of....

  9

10  The undersigned hereby gives notice that improvement will be

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

12  713, Florida Statutes, the following information is provided

13  in this Notice of Commencement.

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

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

16         2.  General description of improvement:.....

17         3.  Owner information:.....

18         a.  Name and address:.....

19         b.  Interest in property:.....

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

21  other than Owner):.....

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

23         a.  Phone number:.....

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

25  acceptable).

26         5.  Surety

27         a.  Name and address:.....

28         b.  Phone number:.....

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

30  acceptable).

31         d.  Amount of bond: $.....

                                  33

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

  2         a.  Phone number:.....

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

  4  acceptable).

  5         7.  Persons within the State of Florida designated by

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

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

  8  ...(name and address)....

  9         a.  Phone number:.....

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

11  acceptable).

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

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

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

15         a.  Phone number:.....

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

17  acceptable).

18         9.  Expiration date of notice of commencement (the

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

20  different date is specified).....

21

22                                      ...(Signature of Owner)...

23

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

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

26  making statement)..........

27

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

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

30  Public)...

31

                                  34

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  1         Personally Known ........ OR Produced Identification

  2  ........

  3         Type of Identification Produced........................

  4

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

  6  19.....

  7

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

  9

10         Section 15.  Subsection (7) of section 713.135, Florida

11  Statutes, is amended to read:

12         713.135  Notice of commencement and applicability of

13  lien.--

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

15  the authority issuing the permit, the building permit

16  application must be in substantially the following form:

17

18                                           Tax Folio No.........

19                   BUILDING PERMIT APPLICATION

20

21  Owner's Name..................................................

22  Owner's Address...............................................

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

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

25  City..........................................................

26  State............ Zip............

27  Contractor's Name.............................................

28  Contractor's Address..........................................

29  City..........................................................

30  State............ Zip............

31  Job Name......................................................

                                  35

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  1  Job Address...................................................

  2  City................                        County............

  3  Legal Description.............................................

  4  Bonding Company...............................................

  5  Bonding Company Address.......................................

  6  City................ State............

  7  Architect/Engineer's Name.....................................

  8  Architect/Engineer's Address..................................

  9  Mortgage Lender's Name........................................

10  Mortgage Lender's Address.....................................

11

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

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

14  or installation has commenced prior to the issuance of a

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

16  standards of all laws regulating construction in this

17  jurisdiction.  I understand that a separate permit must be

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

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

20

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

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

23  compliance with all applicable laws regulating construction

24  and zoning.

25

26         WARNING TO OWNER:  YOUR FAILURE TO RECORD A

27         NOTICE OF COMMENCEMENT MAY RESULT IN YOUR

28         PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.

29

30

31

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  1         IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH

  2         YOUR LENDER OR AN ATTORNEY BEFORE RECORDING

  3         YOUR NOTICE OF COMMENCEMENT.

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

  5                      ...(including contractor).........

  6  STATE OF FLORIDA

  7  COUNTY OF ........

  8

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

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

11  making statement)..........

12

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

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

15  Public)...

16         Personally Known ........ OR Produced Identification

17  ........

18         Type of Identification Produced........................

19                                 ...(Signature of Contractor)...

20

21  STATE OF FLORIDA

22  COUNTY OF ........

23

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

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

26  making statement)..........

27

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

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

30  Public)...

31

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  1         Personally Known ........ OR Produced Identification

  2  ........

  3         Type of Identification Produced........................

  4

  5  Signature....                   Signature....

  6  Owner or Agent                  Contractor

  7  (including contractor)

  8

  9  Date....                        Date....

10

11  NOTARY as                       NOTARY as

12  to Owner or Agent....           to Contractor....

13  My Commission Expires:....      My Commission Expires:....

14

15                (Certificate of Competency Holder)

16

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

18

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

20

21  APPLICATION APPROVED BY................Permit Officer

22

23         Section 16.  Subsections (4), (6), and (8) of section

24  713.245, Florida Statutes, are amended to read:

25         713.245  Conditional payment bond.--

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

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

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

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

30  bond and a sworn statement in substantially the following

31  form:

                                  38

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  1

  2             CERTIFICATE OF PAYMENT TO THE CONTRACTOR

  3

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

  5  Contractor ...(name and address)...

  6  Surety ...(name and address)...

  7

  8         Under penalties of perjury, the undersigned certifies

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

10  713.245, F.S., that the bond is in full force and effect, and

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

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

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

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

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

16  ........ County, Florida.

17

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

19  19.....

20                                                   ...(Owner)...

21                                                 ...(Address)...

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

23                                                    ............

24

25  STATE OF FLORIDA

26  COUNTY OF ........

27

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

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

30  making statement)..........

31

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

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

  3  Public)...

  4         Personally Known ........ OR Produced Identification

  5  ........

  6         Type of Identification Produced........................

  7

  8  Sworn to and subscribed before me,

  9  the undersigned authority, this

10  .... day of ...., 19.....

11

12  ...(Name)...

13  NOTARY PUBLIC

14  My Commission Expires:

15                                              ...(Contractor)...

16                                                 ...(Address)...

17                                                    ............

18                                                    ............

19

20  STATE OF FLORIDA

21  COUNTY OF ........

22

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

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

25  making statement)..........

26

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

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

29  Public)...

30         Personally Known ........ OR Produced Identification

31  ........

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  1         Type of Identification Produced........................

  2

  3  Sworn to and subscribed before me,

  4  the undersigned authority, this

  5  .... day of ...., 19.....

  6

  7  ...(Name)...

  8  NOTARY PUBLIC

  9  My Commission Expires:

10

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

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

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

14  surety all sign the notice of bond.

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

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

17  statement substantially in the following form:

18

19                JOINDER IN CERTIFICATE OF PAYMENT

20

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

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

23  Surety ...(name and address)...

24

25  The undersigned joins in the Certificate of Payment to the

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

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

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

29  stated in the Certificate of Payment to the Contractor are

30  true and correct.

31

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

  2  19.....

  3                                                    ...(Name)...

  4                                                 ...(Address)...

  5                                                    ............

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

  7

  8  STATE OF FLORIDA

  9  COUNTY OF ........

10

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

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

13  making statement)..........

14

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

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

17  Public)...

18         Personally Known ........ OR Produced Identification

19  ........

20         Type of Identification Produced........................

21

22  Sworn to and subscribed before me,

23  the undersigned authority, this

24  .... day of ...., 19.....

25

26  ...(Name)...

27  NOTARY PUBLIC

28  My Commission Expires:

29

30         (8)  If the contractor disputes the certificate of

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

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

  2  of the certificate, a sworn statement in substantially the

  3  following form:

  4

  5                   NOTICE OF CONTEST OF PAYMENT

  6

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

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

  9  Surety ...(name and address)...

10

11         Under penalties of perjury, the undersigned certifies

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

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

14  Certificate of Payment to the Contractor recorded in Official

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

16  ........ County, Florida.

17

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

19  19.....

20                                                    ...(Name)...

21                                                 ...(Address)...

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

23                                                    ............

24

25  STATE OF FLORIDA

26  COUNTY OF ........

27

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

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

30  making statement)..........

31

                                  43

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

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

  3  Public)...

  4         Personally Known ........ OR Produced Identification

  5  ........

  6         Type of Identification Produced........................

  7

  8  Sworn to and subscribed before me,

  9  the undersigned authority, this

10  .... day of ...., 19.....

11

12  ...(Name)...

13  NOTARY PUBLIC

14  My Commission Expires:

15

16         Section 17.  Paragraph (b) of subsection (1) of section

17  727.104, Florida Statutes, is amended to read:

18         727.104  Commencement of proceedings.--

19         (1)

20         (b)  The assignment shall be in substantially the

21  following form:

22

23                            ASSIGNMENT

24

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

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

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

28  hereinafter "assignee."

29         WHEREAS, the assignor has been engaged in the business

30  of ........;

31

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

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

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

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

  5  assignment of all of its assets for that purpose.

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

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

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

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

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

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

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

13  goods, stock, inventory, equipment, furniture, furnishings,

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

15  cash value and proceeds of insurance policies, claims and

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

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

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

19  Schedule B annexed hereto.

20         The assignee shall take possession and administer the

21  estate in accordance with the provisions of chapter 727,

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

23  with reasonable dispatch and convert the estate into money,

24  collect all claims and demands hereby assigned as may be

25  collectible, and pay and discharge all reasonable expenses,

26  costs, and disbursements in connection with the execution and

27  administration of this assignment from the proceeds of such

28  liquidations and collections.

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

30  the extent that funds are available in the estate after

31  payment of administrative expenses, costs, and disbursements,

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

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

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

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

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

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

  7  Florida Statutes.

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

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

10  the assignor.

11         To accomplish the purposes of this assignment, the

12  assignor hereby appoints the assignee its true and lawful

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

14  acts and things which may be necessary to execute the

15  assignment hereby created; to demand and recover from all

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

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

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

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

20  in carrying out her or his duties hereunder.

21         The assignor hereby authorizes the assignee to sign the

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

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

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

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

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

27         The assignee hereby accepts the trust created by the

28  assignment, and agrees with the assignor that the assignee

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

30  under the assignment.

31

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  1                                               ................

  2                                                   Assignor

  3

  4                                               ................

  5                                                   Assignee

  6

  7  STATE OF FLORIDA

  8  COUNTY OF ........  SS: ........

  9

10         The foregoing assignment was acknowledged before me

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

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

13  expressed.

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

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

16  Public)...

17         Personally Known ........ OR Produced Identification

18  ........

19         Type of Identification Produced........................

20

21

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

23                                                Notary Public

24

25  My Commission Expires:

26

27         Section 18.  Section 732.503, Florida Statutes, is

28  amended to read:

29         732.503  Self-proof of will.--A will or codicil

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

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

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

  2  affidavits of the witnesses, each made before an officer

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

  4  certificate attached to or following the will, in

  5  substantially the following form:

  6

  7  STATE OF ....

  8  COUNTY OF ....

  9         We, ...., ...., and .... the testator and the

10  witnesses, respectively, whose names are signed to the

11  attached or foregoing instrument, having been sworn, declared

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

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

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

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

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

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

18                                                ...(Testator)...

19                                                 ...(Witness)...

20                                                 ...(Witness)...

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

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

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

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

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

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

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

28  ...(year)......... 19.....

29                              ...(Signature of Notary Public)...

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

31  Public)...

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  1                                     My Commission Expires: ....

  2

  3         Section 19.  Subsection (1) of section 747.051, Florida

  4  Statutes, is amended to read:

  5         747.051  Summary procedure.--

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

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

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

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

10  require the consent of the absentee in any matter regarding

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

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

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

14  transfer, or consent without opening a full conservatorship

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

16  application without the assistance of an attorney. Said

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

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

19  the clerk of the circuit court:

20

21                       In the Circuit Court

22

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

24

25                   PETITION FOR SUMMARY RELIEF

26

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

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

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

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

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

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

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

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

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

  5  the consent of the absentee for the purpose of .....

  6                                              ...(Petitioner)...

  7  State of Florida

  8  County of....

  9

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

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

12  making statement)..........

13

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

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

16  Public)...

17         Personally Known ........ OR Produced Identification

18  ........

19         Type of Identification Produced........................

20

21

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

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

24  knowledge and belief.

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

26                                      My commission expires ....

27

28         Section 20.  This act shall take effect January 1,

29  1999.

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1130

  3

  4  Increases the surety bond requirement for notaries from $5,000
    to 7,500.
  5
    Revises the law related to Florida international notaries to
  6  change the term "authentication instruments" to "authentic
    acts" and to establish that the authentic acts of Florida
  7  international notaries have legal effect in this country as
    well as in foreign jurisdictions. The committee substitute
  8  also authorizes the Secretary of State to establish
    educational and other requirements for international notaries
  9  (who must be attorneys) subject to agreement with The Florida
    Bar.
10
    Authorizes the Executive Office of the Governor to contract
11  with private vendors for the notary educational functions of
    the Office.
12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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