|
A) Government Employees, B) Law Enforcement Officer, C) Military Officer FLORIDA NOTARIES PUBLIC - INTERACTIVE EDUCATIONAL COURSE |
A. Government Employees
|
i) EMPLOYEES OF STATE AND COUNTY AGENCIES Each agency, board, commission or department of the state and of the several counties of the state is hereby authorized to pay the cost of securing a notary public commission for any employee of declared to be an expense of such agency, board, commission, or department and shall be expended from the budget thereof. The chief administrative officer of each such agency, board, commission or department shall determine the number of notaries public necessary for the proper administration of such agency, board, commission or department. All fees collected by such notaries public as hereinafter provided shall become fee receipts for the state or the several counties and shall be deposited in the general fund from which the budget of such agency, board, commission or department is allocated. 1 Fla. Stat. 116.35, pg. 942 (1999) ii) MUNICIPAL EMPLOYEES Each agency, board, commission or department of each of the several municipalities of the state is hereby authorized to pay the cost of securing a notary public commission for any employee of such agency, board, commission, or department. Such cost is declared to be an expense of such agency, board, commission or department and shall be expended from the budget thereof. The chief administrative officer of each such agency, board, commission or department shall determine the number of notaries public necessary for the proper administration of such agency, board, commission or department. All fees collected by such notaries public as hereinafter provided shall become fee receipts of such municipality and shall be deposited in the general fund thereof. 1 Fla. Stat. 116.36, pg. 942 (1999) iii) ELECTED OFFICERS In all cases where such agency, board, commission or department is under the direction of one or more elected officers, each officer or officers may become notaries public in like manner as provided in the case of employees as aforesaid. 1 Fla. Stat. 116.37, pg. 942 (1999)iv) FEES: Except as hereinafter provided, all such notaries shall collect fees for their services as notaries performed in connection with such agency, board, commission or department at the rates provided for under chapter 117; provided, however, that in any case wherein a certain fee shall be provided by law for such service then in that event such fee as provided by law shall be collected. 1 Fla. Stat. 116.38(1), pg. 942 (1999)No notary fee shall be charged or collected by such notaries in connection with such agency, board, commission or department, in connection with or incidental to the issuance of motor vehicle license tags or titles. id. (2), pg. 943 (1999) No notary public fees shall be charged by such notaries for notarizing loyalty oaths which are required by law. id. (3) (1999)The chief administrative officer of any such agency, board, commission or department may, upon determining that such service should be performed as a public service, authorize such service to be performed free of charge id. (4) (1999)B) Law Enforcement Officers
Law enforcement officers, correctional officers, and correctional probation officers, as defined in s. 943.10 (5 Fla. Stat., pg. 1498 [1999]), traffic accident investigation officers, as described in s. 316.640 (2 Fla. Stat., pg. 1292 [1999]), and traffic infraction enforcement officers as described in 1s. 318.13 (id. pg. 1298 [1999]), are notaries public when engaged in the performance of official duties. Sections 117.01, 117.04, 117.05, and 117.103 (1 Fla. Stat. (1999) do not apply to the provisions of this section. An officer may not notarize his or her own signature.
1) "Law enforcement officer" means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency. 2) "Correctional officer" means any person who is appointed or employed full time by the state or any political subdivision thereof, or by any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection, care, custody, and control, or investigation, of inmates within a correctional institution; however, the term "correctional officer" does not include any secretarial, clerical, or professionally trained personnel. 3) "Correctional probation officer" means a person who is employed full time by the state whose primary responsibility is the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the Department of Corrections or within the community. The term includes supervisory personnel whose duties include, in whole or in part, the supervision, training, and guidance of correctional probation officers, but excludes management and administrative personnel above, but not including, the probation and parole regional administrator level... 6) "Part-time law enforcement officer" means any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. 7) "Part-time correctional officer" means any person who is employed or appointed less than full time, as defined by the employing or appointing agency, with or without compensation, whose responsibilities include the supervision, protection, care, custody, and control of inmates within a correctional institution. 5 Fla. Stat. 943, pgs. 1498-1499 (1999) C) Military Officers
92.51 Oaths, affidavits, and acknowledgments; taken or administered by commissioned officer of United States Armed Forces.-- 1. Oaths, affidavits, and acknowledgments required or authorized by the laws of this state may be taken or administered within or without the United States by or before any commissioned officer in active service of the Armed Forces of the United States with the rank of second lieutenant or higher in the Army, Air Force or Marine Corps or ensign or higher in the Navy or Coast Guard when the person required or authorized to make and execute the oath, affidavit, or acknowledgment is a member of the Armed Forces of the United States, the spouse of such member or a person whose duties require the person's presence with the Armed Forces of the United States.2. A certificate endorsed upon the instrument which shows the date of the oath, affidavit, or acknowledgment and which states in substance that the person appearing before the officer acknowledged the instrument as the person's act or made or signed the instrument under oath shall be sufficient for all intents and purposes. The instrument shall not be rendered invalid by the failure to state the place of execution or acknowledgment. 3. If the signature, rank, and branch of service or subdivision thereof of any commissioned officer appears upon such instrument, document or certificate no further proof of the authority of such officer so to act shall be required and such action by such commissioned officer shall be prima facie evidence that the person making such oath, affidavit or acknowledgment is within the purview of this act. 1
Fla. Stat. 92, pg. 680 (1999)
695.031 Affidavits and acknowledgments by
members of armed forces and their spouses.-- (1) In addition to the
manner, form and proof of acknowledgment of instruments as now provided by law,
any person serving in or with the Armed Forces of the United States, including
the Army, Navy, Marine Corps, Coast Guard, or any component or any arm or
service of any thereof, including any female auxiliary of any thereof, and any
person whose duties require his or her presence with the Armed Forces of the
United States, as herein designated, or otherwise designated by law or military
or naval command, may acknowledge any instrument, wherever located, either
within or without the state, or without the United States, before any
commissioned officer in active service of the Armed Forces of the United States,
as herein designated, or otherwise designated by law, or military or naval
command, or order, with the rank of second lieutenant or higher in the Army or
Marine Corps, or of any component or any arm or service of either thereof,
including any female auxiliary of any thereof, or ensign or higher in the Navy
or United States Coast Guard, or of any component or any arm or service of
either thereof, including any female auxiliary of any thereof. On this _____ day of _____, (year)
, before me _____, the undersigned officer, personally appeared _____, known
to me (or satisfactorily proven) to be serving in or with, or whose duties
require her or his presence with the
Armed Forces of the United States, and to be the person whose name is subscribed
to the within instrument, and acknowledged that she or he executed the same for
the purposes therein contained, and the undersigned does further certify
that she or he is at the date of this certificate a commissioned officer of the
rank stated below and is in the active service of the Armed Forces of the United
States.
(Signature of commissioned officer.)
of service to which
officer is attached.)
5 Fla. Stat. 695, pg. 542 (1999)
|