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A) Laws, B) Education, Materials, C) Governor's Notary Section, D) Department of State, E) Internet |
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FLORIDA NOTARIES PUBLIC - INTERACTIVE EDUCATIONAL COURSE |
A)
LawsFLORIDA STATUTES CHAPTER 117
NOTARIES PUBLIC
Effective on July 1, 1999
117.010
Appointment, application, suspension, revocation, application fee, bond, and oath.117.03 Administration of oaths.
117.04 Acknowledgments.
117.045 Marriages.
117.05 Use of notary commission; unlawful use; notary fee; seal; duties; employer liability; name change; advertising; photocopies; penalties.
117.06 Validity of acts prior to April 1, 1903.
117.10 Law enforcement and correctional officers.
117.103 Certification of notary's authority by Secretary of State.
117.105 False or fraudulent acknowledgments; penalty.
117.107 Prohibited acts.
117.108 Validity of acts, seals, and certificates prior to January 1,1995.
FLORIDA STATUTES, OTHER THAN CHAPTER 117, RELATED TO NOTARIES PUBLIC
(From the 1997 Florida Statutes, Including Revisions from the 1998 Legislative Session)
COMMISSION FEE; VETERANS' EXEMPTION
113.01 Fee for commissions issued by Governor.
FEES FOR NOTARY SERVICES
28.24 Service charges by clerk of the circuit court (29) For solemnizing matrimony $20.00
839.11 Extortion by officers
of the state.
GOVERNMENT EMPLOYEES AS NOTARIES PUBLIC; FEES
COLLECTED
116.35 Notary public commissions; employees of state and county agencies.
116.36 Notary public commissions; municipal employees.
116.37 Notary public commissions; elected officers.
OATHS (AFFIRMATIONS) AND ACKNOWLEDGMENTS
92.52 Affirmation equivalent to oath.
695.03 Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials. To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness to it, or legalized or authenticated by a civil-law notary or notary public who affixes her or his official seal, before the officers and in the form and manner following:
WITHIN THIS STATE. An acknowledgment or proof made within this state may be made before a judge, clerk, or deputy clerk of any court; a United States commissioner or magistrate; or a notary public or civil-law notary of this state, and the certificate of acknowledgment or proof must be under the seal of the court or officer, as the case may be.
All affidavits and acknowledgments heretofore made or taken in this manner are hereby validated.
5 Fla. Stat. 695.03(1), pg. 541 (1999)WITHOUT THIS STATE BUT WITHIN THE UNITED STATES. An acknowledgment or proof made out of this state but within the United States may be made before a civil-law notary of this state or a commissioner of deeds appointed by the Governor of this state; a judge or clerk of any court of the United States or of any state, territory, or district; a United States commissioner or magistrate; or a notary public, justice of the peace, master in chancery, or registrar or recorder of deeds of any state, territory, or district having a seal, and the certificate of acknowledgment or proof must be under the seal of the court or officer, as the case may be. If the acknowledgment or proof is made before a notary public who does not affix a seal, it is sufficient for the notary public to type, print, or write by hand on the instrument, "I am a Notary Public of the State of ...(state)..., and my commission expires on ... (date)...." 5 Fla. Stat. 695.03(
2), pgs. 541-542 (1999)WITHIN FOREIGN COUNTRIES. If the acknowledgment, legalization, authentication, or proof is made in a foreign country, it may be made before a commissioner of deeds appointed by the Governor of this state to act in such country; before a notary public of such foreign country or a civil-law notary of this state or of such foreign country who has an official seal; before an ambassador, envoy extraordinary, minister plenipotentiary, minister, commissioner, charge d'affaires, consul general, consul, vice consul, consular agent, or other diplomatic or consular officer of the United States appointed to reside in such country; or before a military or naval officer authorized by the Laws or Articles of War of the United States to perform the duties of notary public, and the certificate of acknowledgment, legalization, authentication, or proof must be under the seal of the officer. A certificate legalizing or authenticating the signature of a person executing an instrument concerning real property and to which a civil-law notary or notary public of that country has affixed her or his official seal is sufficient as an acknowledgment. For the purposes of this section, the term "civil-law notary" means a civil-law notary as defined in chapter 118 or an official of a foreign country who has an official seal and who is authorized to make legal or lawful the execution of any document in that jurisdiction, in which jurisdiction the affixing of her or his official seal is deemed proof of the execution of the document or deed in full compliance with the laws of that jurisdiction.
All affidavits, legalizations, authentications, and acknowledgments heretofore made or taken in the manner set forth above are hereby validated.
5 Fla. Stat. 695.03(3), pg. 542 (1999)
OATH BY WRITTEN DECLARATION
92.525 Verification of documents; perjury by false written declaration, penalty.
CERTAIN OFFICERS IN THE ARMED FORCES AUTHORIZED TO TAKE ACKNOWLEDGMENTS AND ADMINISTER OATHS
92.51 Oaths, affidavits, and acknowledgments; taken or administered by commissioned officer of United States Armed Forces.
ADDITIONAL NOTARIAL CERTIFICATES FOUND IN CHAPTER 695, FLORIDA STATUTES, "RECORD OF CONVEYANCES OF REAL ESTATE"
695.25 Short form of acknowledgment.
NOTARIES AUTHORIZED TO PERFORM MARRIAGE CEREMONIES
741.07 Persons authorized to solemnize matrimony.
NOTARIES AUTHORIZED TO VERIFY A VEHICLE IDENTIFICATION NUMBER (VIN)
319.23 Application for, and issuance of, certificate of title.
NOTARIES AUTHORIZED TO CERTIFY THE CONTENTS OF A SAFE-DEPOSIT BOX
655.94 Special remedies for nonpayment of rent.
CERTAIN LAW ENFORCEMENT OFFICERS AUTHORIZED TO ADMINISTER OATHS
943.10 Definitions; ss. 943.085-943.255
NOTARIES WHO PERFORM SERVICES FOR RURAL ELECTRIC COOPERATIVES
425.26 Trustees, officers or members, notaries.
RECORDING REQUIREMENTS
695.26 Requirements for recording instruments affecting real property.
PERSONS ADJUDICATED MENTALLY INCAPACITATED
744.3215 Rights of persons determined incapacitated.
OFFICIAL MISCONDUCT BY A NOTARY PUBLIC
839.25 Official misconduct.
PENALTIES AND FINES FOR VIOLATION OF NOTARY LAWS
775.082 Penalties; mandatory minimum sentences for certain reoffenders previously released from prison.
775.083 Fines.
775.084 Violent career criminal; habitual felony offenders and habitual violent felony offenders; definitions; procedure; enhanced penalties.
PENALTIES FOR THE UNAUTHORIZED PRACTICE OF LAW
454.23 Penalties
ELECTRONIC SIGNATURES
282.70 Short title. This act may be cited as the "Electronic Signature Act of 1996."
282.71 Legislative intent.
282.72 Definitions
INTERNATIONAL NOTARIES - (Chapter 118, Florida Statutes)
118.10 Civil-law notary.
TIMESHARE COMMISSIONER OF DEEDS - (Chapter 721, Part IV, Florida Statutes)
721.96 Purpose
721.98 Powers of the division.
B) Education Materials
Resource for Verifying Identification
If you have ever wondered whether a driver's license from another state is legitimate, you may wish to purchase a booklet used to verify the most common forms of identification. The I.D. Checking Guide is published by the Drivers License Guide Company annually in February (ISBN 0-938964-33-X).
This full-color booklet has pictures and descriptions of driver's licenses and identification cards (current and previous valid issues) issued by all 50 states, the provinces of Canada, the federal government (such as resident alien cards and others issued by INS and military identification cards), bank cards, and automobile registration plates. The cost is nominal and may protect you and your employer from reliance upon a fraudulent identification card.
The booklet may be ordered from:
Drivers License Guide Company
1492 Oddstad Drive
P. O. Box 5305, Dept. 96
Redwood City, CA 94063
(415) 369-4849
Identification: "Green Cards" Updated
Resident alien cards, commonly called "green cards," have recently been updated by the U.S. Department of Justice, Immigration and Naturalization Service. Former cards identified as Form I-151 issued prior to 1978 have been replaced with cards designed to be more resistant to fraud and counterfeiting.
The new cards are designated as Form I-551 and are made of hard plastic, similar to credit cards, rather than laminated paper cards. Each card has a pink background, the words "Resident Alien" in dark blue, and a blue INS seal in the center of the card. The card also contains a photo (showing the right ear), signature and fingerprint of the resident alien. Other valid cards issued after 1978 have white backgrounds, but all valid cards will have the photo, signature and fingerprint of the bearer.
Notaries may accept the new cards as identification if the card is current (unexpired) or was issued within the past five years. The old card Form I-151 is no longer valid and should not be accepted for notary services.
Notary Section
2000 E-Mail E-ducation
Governors Manual - Laws Related To Notaries Public
Questions about the Unauthorized Practice of Law - contact Ms. Holcomb at The Florida Bar in Tallahassee. Her telephone number is (850) 561-5839, Ext. 6755.
C)
Governor’s Notary SectionThe main function of the Notary Section -- to educate and assist Notaries -- is accomplished in several ways: by publishing and distributing educational materials, particularly the notary laws and the Governor's Reference Manual for Notaries; by answering telephone inquiries from Notaries; and by conducting notary seminars.
Although the Governor's Notary Section is not authorized to offer legal advice to Notaries, they do make every effort to help Notaries understand their duties. The Notary Section also assists the Governor by reviewing "problem" applications related to the applicants' eligibility for appointment and by investigating complaints against Notaries and recommending disciplinary action when appropriate.
Contact the Governor's Notary Section:
To obtain educational materials.
To ask a question about the notary law or proper procedures.
To file a complaint against a Notary.
To respond to a complaint file against you for notary misconduct.
To check the status of a problem application.
To resign your notary commission.
EXECUTIVE OFFICE OF THE GOVERNOR
Room LL06, The Capitol
Tallahassee, Florida 32399-0001(850) 922-6400 or SunCom 292-6400
FAX (850) 410-1294 or SunCom 210-1294JENNIFER BERTSCH
Notary Education Coordinator
The Governor may suspend a notary public for any of the grounds provided in s. 7, Art. IV of the State Constitution. Grounds constituting malfeasance, misfeasance, or neglect of duty include, but are not limited to, the following:
(a) A material false statement on the application.
(b) A complaint found to have merit by the Governor.
(c) Failure to cooperate or respond to an investigation by the Governor's Office or the Department of State regarding a complaint.
(d) Official misconduct as defined in s. 839.25.
(e) False or misleading advertising relating to notary public services.
(f) Unauthorized practice of law.
(g) Failure to report a change in business or home address or telephone number within the specified period of time.
6 Fla. Stat. Article IV, Section 7, pg. A-14 (1999)
D) Department of State
The Department of State, Notary Commissions and Certifications Section, has a strictly ministerial function and does not assist Notaries with questions about their duties. That office processes routine notary applications and issues the commissions once approved for appointment. The Department also maintains all the records on Notaries by keeping applications on file and in a sophisticated computer database, which is easily accessible to the public.
E) Internet
Notary Laws On-Line
http://www.myflorida.com/myflorida/government/governorinitiatives/notary/lawbook.html
http://www.myflorida.com/myflorida/government/governorinitiatives/notary/pdfs/law.pdf
Governor's Reference Manual For Notaries
http://www.myflorida.com/myflorida/government/governorinitiatives/notary/manual.html
http://www.myflorida.com/myflorida/government/governorinitiatives/notary/reference.htmlNotary Access System - Online access to information about notaries public whose commissions were issued within the last five years:
http://notaries.dos.state.fl.us/not001.html
Florida Statutes and Constitution (see Article II, Section 5 of the Constitution
for mention of notaries);