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Monday, June 20, 2011

Notary Laws


Notary Laws
Laws Related to Florida Notaries Public (Selected Laws)
Florida Statutes Chapter 117
NOTARIES PUBLIC
Chapter 117, Florida Statutes, covers appointment, application, suspension, revocation, application fee, bond, and oath; administration of oaths; marriages; acknowledgments; use of notary commission; unlawful use; notary fee; seal; duties; employer liability; name change; advertising; photocopies; penalties; validity of acts prior to April 1, 1903; law enforcement officers and correctional officers; certification of notary's authority by Secretary of State; false or fraudulent acknowledgments; penalty; prohibited acts; and validity of acts, seals, and certificates prior to January 1, 1995.
117.01  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.

Electronic Notarization & Related Information
(Chapter 668, Florida Statutes)
668.50  Uniform Electronic Transaction Act.--
(1)    SHORT TITLE.--This section may be cited as the "Uniform Electronic Transaction Act."
(2)    DEFINITIONS.
(3)    SCOPE.
(4)    PROSPECTIVE APPLICATION.
(5)    USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES; VARIATION BY AGREEMENT.
(6)    CONSTRUCTION AND APPLICATION.
(7)    LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS.
(8)    PROVISION OF INFORMATION IN WRITING; PRESENTATION OF RECORDS.
(9)    ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE.
(10) EFFECT OF CHANGE OR ERROR.
(11) NOTARIZATION AND ACKNOWLEDGMENT.
(12) RETENTION OF ELECTRONIC RECORDS; ORIGINALS.
(13) ADMISSIBILITY IN EVIDENCE.
(14) AUTOMATED TRANSACTIONS.
(15) TIME AND PLACE OF SENDING AND RECEIVING.
(16) TRANSFERABLE RECORDS.
(17) CREATION AND RETENTION OF ELECTRONIC RECORDS AND CONVERSION OF WRITTEN RECORDS BY GOVERNMENTAL AGENCIES.
(18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES.
(19) INTEROPERABILITY.
(20)  SEVERABILITY.

THE CONSTITUTION OF THE STATE OF FLORIDA
NOTARIES ARE PUBLIC (STATE) OFFICERS
ARTICLE II
GOVERNOR'S AUTHORITY TO SUSPEND NOTARIES
ARTICLE IV
DISQUALIFICATION DUE TO FELONY CONVICTION
ARTICLE VI
ARTICLE X

Additional Florida Statutory References to Notaries Public


WITNESSES, RECORDS, AND DOCUMENTS
92.50 (Florida Statutes) Oaths, affidavits, and acknowledgments; who may take or administer; requirements.--

NOTARIES AUTHORIZED TO PERFORM MARRIAGE CEREMONIES

DOMESTIC RELATIONS - MARRIAGE
741.07 (Florida Statutes) Persons authorized to solemnize matrimony.--

NOTARIES AUTHORIZED TO VERIFY A VEHICLE IDENTIFICATION NUMBER (VIN)

MOTOR VEHICLES – TITLE CERTIFICATES
319.23  Application for, and issuance of, certificate of title.--

NOTARIES AUTHORIZED TO CERTIFY THE CONTENTS OF A SAFE-DEPOSIT BOX

BANKS AND BANKING
655.94  Special remedies for nonpayment of rent.--

NOTARIZING A WILL WITH A SELF-PROOF AFFIDAVIT

ESTATES AND TRUSTS

CRIMES; PENALTIES AND FINES FOR VIOLATION OF NOTARY LAWS
OFFENSES BY PUBLIC OFFICERS AND EMPLOYEES
839.13 (Florida Statutes)  Falsifying records.-- 
FORGERY AND COUNTERFEITING  

PENALTIES AND FINES FOR VIOLATION OF NOTARY LAWS

775.082 (Florida Statutes) Penalties; applicability of sentencing structures;
mandatory minimum sentences for certain reoffenders previously released from prison.


—Excerpts from Statute:

(3)  A person who has been convicted of any other designated felony may be punished as follows:
(d)  For a felony of the third degree, by a term of imprisonment not exceeding 5 years.
(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:
(a)  For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;
 (b)  For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.

INTERNATIONAL NOTARIES
CHAPTER 118, Florida Statutes
Chapter 118 covers Florida international notaries.

AUTHORITY OF SECRETARY OF STATE TO ISSUE APOSTILLES

Procedure for Document Authentication
http://notaries.dos.state.fl.us/notproc7.html

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