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Notary Law

Florida Statutes Chapter 117.103

Certification of notary's authority by Secretary of State

A notary public is not required to record his or her notary public commission in an office of a clerk of the circuit court. If certification of the notary public's commission is required, it must be obtained from the Secretary of State. Upon the receipt of a written request and a fee of $10 payable to the Secretary of State, the Secretary of State shall issue a certificate of notarial authority, in a form prescribed by the Secretary of State, which shall include a statement explaining the legal qualifications and authority of a notary public in this state.


The Constitution of the State of Florida

(as revised in 1968 and subsequently amended January 1995)

NOTARIES ARE PUBLIC (STATE) OFFICERS

Article II, Section 5. Public officers

(a) No person holding any office of emolument under any foreign government, or civil office of emolument under the United States or any other state, shall hold any office of honor or of emolument under the government of this state. No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constitution revision commission, taxation and budget reform commission, constitutional convention, or statutory body having only advisory powers.


(b)Each state and county officer, before entering upon the duties of the office, shall give bond as required by law, and shall swear or affirm:
"I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State; and that I will well and faithfully perform the duties of (title of office) on which I am now about to enter. So help me God.",
and thereafter shall devote personal attention to the duties of the office, and continue in office until his successor qualifies.


(c) The powers, duties, compensation and method of payment of state and county officers shall be fixed by law.

GOVERNOR'S AUTHORITY TO SUSPEND NOTARIES

Article IV, Section 7. Suspensions; filling office during suspensions

(a) By executive order stating the grounds and filed with the Secretary of State, the Governor may suspend from office any state officer not subject to impeachment, any officer of the militia not in the active service of the United States, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform his official duties, or commission of a felony, and may fill the office by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the Governor.


(b) The senate may, in proceedings prescribed by law, remove from office or reinstate the suspended official and for such purpose the senate may be convened in special session by its president or by a majority of its membership.


DISQUALIFICATION DUE TO FELONY CONVICTION

Article VI, Section 4. Disqualifications:

(a) No person convicted of a felony, of adjudicated in this or any other state to be mentally incompetent shall be qualified to vote or hold office until restoration of civil rights or removal of disability.


Article X, Section 10. Felony: definition

The term "felony" as used herein and in the laws of this state shall mean any criminal offense that is punishable under death or by imprisonment in the state penitentiary.

695.25 SHORT FORM OF ACKNOWLEDGMENT

The forms of acknowledgment set forth in this section may be used, and are sufficient for their respective purposes, under any law of this state. The forms shall be known as "Statutory Short Forms of Acknowledgment" and may be referred to by that name. The authorization of the forms in this section does not preclude the use of other forms.

(1) For the individual acting in his own right:

STATE OF.... COUNTY OF .... The foregoing instrument was acknowledged before me this (date) by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification.

(Signature of person taking acknowledgment)         (Name typed, printed or stamped)

(Title or rank) (Serial number, if any)

(2) For a corporation:

STATE OF ..... COUNTY OF.... The foregoing instrument was acknowledged before me this (date) by (name of officer or agent, title of officer or agent)of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced (type of identification) as identification.

(Signature of person taking acknowledgment)        (Name typed, printed or stamped)

(Title or rank) (Serial number, if any)

(3) For a partnership:

STATE OF ... COUNTY OF .... The foregoing instrument was acknowledged before me this (date) by (name of acknowledging partner or agent), partner (or agent) on behalf of (name of partnership), a partnership. He/she is personally known to me or has produced (type of identification) as identification

(Signature of person taking acknowledgment)        (Name typed, printed or stamped)

(Title or rank) (Serial number, if any)

(4) For an individual acting as principal by an attorney infact:

STATE OF ... COUNTY OF .... The foregoing instrument was acknowledged before me this (date) by (name of attorney in fact) as attorney in fact, who is personally known to me or who has produced (type of identification) as identification on behalf of (name of principal).

(Signature of person taking acknowledgment)        (Name typed, printed or stamped)

(Title or rank) (Serial number, if any)

(5) By any public officer, trustee, or personal representative:

STATE OF ... COUNTY OF .... The foregoing instrument was acknowledged before me this (date) by (name and title of position), who is personally known to me or who has produced (type of identification) as identification.

(Signature of person taking acknowledgment)        (Name typed, printed or stamped)

(Title or rank) (Serial number, if any)

732.503 SELF-PROOF OF WILL

A will or codicil executed in conformity with s.732.502(1)and (2) may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths and evidenced by the officer's certificate attached to or following the will, in substantially the following form:
STATE OF ...
COUNTY OF ....
We, ...., ...., and .... the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, having been sworn, declared to the undersigned officer that the testator , in the presence of witnesses, signed the instrument as his last will (codicil), that he (signed) (or directed another to sign for him), and that each of the witnesses, in the presence of the testator and in the presence of each other, signed the will as a witness

...(Testator)... ...(Witness)... ...(Witness)...


Subscribed and sworn to before me by... . , the testator and a witness who is personally known to me or who has produced (type of identification) as identification, and by ... . a witness who is personally known to me or who has produced (type of identification) as identification and .... a witness who is personally known to me or who has produced (type of identification) as identification, on .... , 19...
...(Signature of Notary Public)... (Print, type, or stamp commissioned name of Notary Public)...

My Commission Expires: ....

668.50 UNIFORM ELECTRONIC TRANSACTION ACT

(a) If a law requires a signature of record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized by applicable law to perform those acts,

(b)A first-time applicant for a notary commission must submit proof that the applicant has, within one year prior to the application, completed at least three hours of interactive or classroom instruction, including electronic notarization, and covering the duties of the notary public. Courses satisfying this section may be offered by any public or private sector person or entity registered with the Executive Office of the Governor and must include a core curriculum approved by that office.