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48.011 Process; how directed.
48.021 Process; by whom served.
48.031 Service of process generally; service of witness subpoenas.
48.041 Service on minor.
48.042 Service on incompetent.
48.051 Service on state prisoners.
48.061 Service on partnerships and limited partnerships.
48.062 Service on a limited liability company.
48.071 Service on agents of nonresidents doing business in the state.
48.081 Service on corporation.
48.091 Corporations; designation of registered agent and registered office.
48.092 Service on financial institutions.
48.101 Service on dissolved corporations.
48.111 Service on public agencies and officers.
48.121 Service on the state.
48.131 Service on alien property custodian.
48.141 Service on labor unions.
48.151 Service on statutory agents for certain persons.
48.161 Method of substituted service on nonresident.
48.171 Service on nonresident motor vehicle owners, etc.
48.181 Service on nonresident engaging in business in state.
48.183 Service of process in action for possession of premises.
48.19 Service on nonresidents operating aircraft or watercraft in the state.
48.193 Acts subjecting person to jurisdiction of courts of state.
48.194 Personal service outside state.
48.195 Service of foreign process.
48.196 Service of process in connection with actions under the Florida International Commercial Arbitration Act.
48.20 Service of process on Sunday.
48.21 Return of execution of process.
48.22 Cumulative to other laws.
48.23 Lis pendens.
48.25 Short title.
48.27 Certified process servers.
48.29 Certification of process servers.
48.31Certification Removal of certified process servers; false return of service.
48.021 Process; by whom served.—
(1) All process shall be served by the sheriff of the county where the person to be served is found, except initial non enforceable civil process, criminal witness subpoenas, and criminal summonses may be served by a special process server appointed by the sheriff as provided for in this section or by a certified process server as provided for in ss. 48.25-48.31. Civil witness subpoenas may be served by any person authorized by rules of civil procedure.
The sheriff of each county may, in his or her discretion, establish an approved list of natural persons designated as special process servers. The sheriff shall add to such list the names of those natural persons who have met the requirements provided for in this section. Each natural person whose name has been added to the approved list is subject to annual recertification and reappointment by the sheriff. The sheriff shall prescribe an appropriate form for application for appointment. A reasonable fee for the processing of the application shall be charged.
(b) A person applying to become a special process server shall:
(c) The sheriff may prescribe additional rules and requirements directly related to subparagraphs (b)1.-7. regarding the eligibility of a person to become a special process server or to have his or her name maintained on the list of special process servers.
(d) An applicant who completes the requirements of this section must be designated as a special process server provided that the sheriff of the county has determined that the appointment of special process servers is necessary or desirable. Each special process server must be issued an identification card bearing his or her identification number, printed name, signature and photograph, and an expiration date. Each identification card must be renewable annually upon proof of good standing.
(e) The sheriff shall have the discretion to revoke an appointment at any time that he or she determines a special process server is not fully and properly discharging the duties as a special process server. The sheriff shall institute a program to determine whether the special process servers appointed as provided for in this section are faithfully discharging their duties pursuant to such appointment, and a reasonable fee may be charged for the costs of administering such program.
(3) A special process server appointed in accordance with this section shall be authorized to serve process in only the county in which the sheriff who appointed him or her resides and may charge a reasonable fee for his or her services.
(4) Any special process server shall be disinterested in any process he or she serves; and if the special process server willfully and knowingly executes a false return of service or otherwise violates the oath of office, he or she shall be guilty of a felony of the third degree, punishable as provided for in s. 775.082, s. 775.083, or s. 775.084, and shall be permanently barred from serving process in Florida.
History.—s. 16, July 22, 1845; s. 1, ch. 3721, 1887; RS 1014, 1246; GS 1401; RGS 2598; s. 1, ch. 9318, 1923; CGL 4238; s. 4, ch. 67-254; s. 12, ch. 73-334; s. 1, ch. 76-263; s. 2, ch. 79-396; s. 1, ch. 81-266; s. 1, ch. 88-135; s. 2, ch. 91-306; s. 268, ch. 95-147; s. 16, ch. 98-34; s. 2, ch. 2009-215.
Note.—Former s. 47.12.
48.031 Service of process generally; service of witness subpoenas.—
(1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Minors who are or have been married shall be served as provided in this section.
(b) An employer, when contacted by an individual authorized to serve process, shall allow the authorized individual to serve an employee in a private area designated by the employer. An employer who fails to comply with this paragraph commits a noncriminal violation, punishable by a fine of up to $1,000.
(2)(a) Substitute service may be made on the spouse of the person to be served at any place in the county, if the cause of action is not an adversary proceeding between the spouse and the person to be served, if the spouse requests such service, and if the spouse and person to be served are residing together in the same dwelling.
(b) Substitute service may be made on an individual doing business as a sole proprietorship at his or her place of business, during regular business hours, by serving the person in charge of the business at the time of service if two attempts to serve the owner have been made at the place of business.
(3)(a) The service of process of witness subpoenas, whether in criminal cases or civil actions, shall be made as provided in subsection (1). However, service of a subpoena on a witness in a civil traffic case, a criminal traffic case, a misdemeanor case, or a second degree or third degree felony may be made by United States mail directed to the witness at the last known address, and the service must be mailed at least 7 days prior to the date of the witness’s required appearance. Failure of a witness to appear in response to a subpoena served by United States mail that is not certified may not be grounds for finding the witness in contempt of court.
(b) A criminal witness subpoena commanding the witness to appear for a court appearance may be posted by a person authorized to serve process at the witness’s residence if three attempts to serve the subpoena, made at different times of the day or night on different dates, have failed. A criminal witness subpoena commanding the witness to appear for a deposition may be posted by a person authorized to serve process at the witness’s residence if one attempt to serve the subpoena has failed. The subpoena must be posted at least 5 days before the date of the witness’s required appearance.
(4)(a) Service of a criminal witness subpoena upon a law enforcement officer or upon any federal, state, or municipal employee called to testify in an official capacity in a criminal case may be made as provided in subsection (1) or by delivery to a designated supervisory or administrative employee at the witness’s place of employment if the agency head or highest ranking official at the witness’s place of employment has designated such employee to accept such service. However, no such designated employee is required to accept service:
(b) Service may also be made in accordance with subsection (3) provided that the person who requests the issuance of the criminal witness subpoena shall be responsible for mailing the subpoena in accordance with that subsection and for making the proper return of service to the court.
(5) A person serving process shall place, on the first page of at least one of the processes served, the date and time of service and his or her identification number and initials for all service of process. The person serving process shall list on the return-of-service form all initial pleadings delivered and served along with the process. The person requesting service or the person authorized to serve the process shall file the return-of-service form with the court.
(6)(a) If the only address for a person to be served which is discoverable through public records is a private mailbox, a virtual office, or an executive office or mini suite, substitute service may be made by leaving a copy of the process with the person in charge of the private mailbox, virtual office, or executive office or mini suite, but only if the process server determines that the person to be served maintains a mailbox, a virtual office, or an executive office or mini suite at that location.
(b) For purposes of this subsection, the term “virtual office” means an office that provides communications services, such as telephone or facsimile services, and address services without providing dedicated office space, and where all communications are routed through a common receptionist. The term “executive office or mini suite” means an office that provides communications services, such as telephone and facsimile services, a dedicated office space, and other supportive services, and where all communications are routed through a common receptionist.
(7) A gated residential community, including a condominium association or a cooperative, shall grant unannounced entry into the community, including its common areas and common elements, to a person who is attempting to serve process on a defendant or witness who resides within or is known to be within the community.
History.—s. 5, Nov. 23, 1828; RS 1015; GS 1402; RGS 2599; CGL 4246; s. 6, ch. 29737, 1955; s. 4, ch. 67-254; s. 1, ch. 75-34; s. 3, ch. 79-396; s. 3, ch. 82-118; s. 1, ch. 84-339; s. 7, ch. 85-80; s. 2, ch. 87-405; s. 6, ch. 93-208; s. 269, ch. 95-147; s. 1, ch. 95-172; s. 1, ch. 98-410; s. 1, ch. 2004-273; s. 2, ch. 2011-159; s. 2, ch. 2014-207; s. 1, ch. 2015-51; s. 1, ch. 2015-59; s. 1, ch. 2016-207.
Note.—Former s. 47.13.
(1) Process against a minor who has never been married shall be served:
(a) By serving a parent or guardian of the minor as provided for in s. 48.031 or, when there is a legal guardian appointed for the minor, by serving the guardian as provided for in s. 48.031.
(b) By serving the guardian ad litem or other person, if one is appointed by the court to represent the minor. Service on the guardian ad litem is unnecessary when he or she appears voluntarily or when the court orders the appearance without service of process on him or her.
(2) In all cases heretofore adjudicated in which process was served on a minor as prescribed by any law heretofore existing, the service was lawfully made, and no proceeding shall be declared irregular or illegal if a guardian ad litem appeared for the minor.
History.—ss. 1, 2, ch. 7853, 1919; CGL 4273, 4274; s. 1, ch. 19175, 1939; CGL 1940 Supp. 4274(13); s. 2, ch. 29737, 1955; s. 4, ch. 67-254; s. 1, ch. 84-176; s. 270, ch. 95-147.
Note.—Former ss. 47.23-47.25.
(1) Process against an incompetent shall be served:
(a) By serving two copies of the process to the person who has care or custody of the incompetent or, when there is a legal guardian appointed for the incompetent, by serving the guardian as provided in s. 48.031.
(b) By serving the guardian ad litem or other person, if one is appointed by the court to represent the incompetent. Service on the guardian ad litem is unnecessary when he or she appears voluntarily or when the court orders the appearance without service of process on him or her.
(2) In all cases heretofore adjudicated in which process was served on an incompetent as prescribed by any law heretofore existing, the service was lawfully made, and no proceeding shall be declared irregular or illegal if a guardian ad litem appeared for the incompetent.
History.—s. 2, ch. 84-176; s. 271, ch. 95-147.
Process against a state prisoner shall be served on the prisoner.
History.—s. 30, ch. 3883, 1889; RS 3043; GS 4124; RGS 6243; CGL 8580; s. 1, ch. 21992, 1943; s. 1, ch. 25041, 1949; s. 44, ch. 57-121; s. 4, ch. 67-254; ss. 19, 35, ch. 69-106; s. 13, ch. 71-355.
Note.—Former s. 47.26.
(1) Process against a partnership shall be served on any partner and is as valid as if served on each individual partner. If a partner is not available during regular business hours to accept service on behalf of the partnership, he or she may designate an employee to accept such service. After one attempt to serve a partner or designated employee has been made, process may be served on the person in charge of the partnership during regular business hours. After service on any partner, plaintiff may proceed to judgment and execution against that partner and the assets of the partnership. After service on a designated employee or other person in charge, plaintiff may proceed to judgment and execution against the partnership assets but not against the individual assets of any partner.
(2) Process against a domestic limited partnership may be served on any general partner or on the agent for service of process specified in its certificate of limited partnership or in its certificate as amended or restated and is as valid as if served on each individual member of the partnership. After service on a general partner or the agent, the plaintiff may proceed to judgment and execution against the limited partnership and all of the general partners individually. If a general partner cannot be found in this state and service cannot be made on an agent because of failure to maintain such an agent or because the agent cannot be found or served with the exercise of reasonable diligence, service of process may be effected by service upon the Secretary of State as agent of the limited partnership as provided for in s. 48.181. Service of process may be made under ss. 48.071 and 48.21 on limited partnerships.
(3) Process against a foreign limited partnership may be served on any general partner found in the state or on any agent for service of process specified in its application for registration and is as valid as if served on each individual member of the partnership. If a general partner cannot be found in this state and an agent for service of process has not been appointed or, if appointed, the agent’s authority has been revoked or the agent cannot be found or served with the exercise of reasonable diligence, service of process may be effected by service upon the Secretary of State as agent of the limited partnership as provided for in s. 48.181, or process may be served as provided in ss. 48.071 and 48.21.
History.—s. 13, Nov. 23, 1828; RS 1017; GS 1404; RGS 2601; CGL 4248; s. 4, ch. 67-254; s. 74, ch. 86-263; s. 3, ch. 87-405; s. 272, ch. 95-147.
Note.—Former s. 47.15.
(1) Process against a limited liability company, domestic or foreign, may be served on the registered agent designated by the limited liability company under chapter 605. A person attempting to serve process pursuant to this subsection may serve the process on any employee of the registered agent during the first attempt at service even if the registered agent is a natural person and is temporarily absent from his or her office.
(2) If service cannot be made on a registered agent of the limited liability company because of failure to comply with chapter 605 or because the limited liability company does not have a registered agent, or if its registered agent cannot with reasonable diligence be served, process against the limited liability company, domestic or foreign, may be served:
(a) On a member of a member-managed limited liability company;
(b) On a manager of a manager-managed limited liability company; or
(c) If a member or manager is not available during regular business hours to accept service on behalf of the limited liability company, he, she, or it may designate an employee of the limited liability company to accept such service. After one attempt to serve a member, manager, or designated employee has been made, process may be served on the person in charge of the limited liability company during regular business hours.
(3) If, after reasonable diligence, service of process cannot be completed under subsection (1) or subsection (2), service of process may be effected by service upon the Secretary of State as agent of the limited liability company as provided for in s. 48.181.
(4) If the address provided for the registered agent, member, or manager is a residence or private mailbox, service on the limited liability company, domestic or foreign, may be made by serving the registered agent, member, or manager in accordance with s. 48.031.
(5) This section does not apply to service of process on insurance companies.
History.—s. 3, ch. 2013-180; s. 13, ch. 2015-148.
When any natural person or partnership not residing or having a principal place of business in this state engages in business in this state, process may be served on the person who is in charge of any business in which the defendant is engaged within this state at the time of service, including agents soliciting orders for goods, wares, merchandise or services. Any process so served is as valid as if served personally on the nonresident person or partnership engaging in business in this state in any action against the person or partnership arising out of such business. A copy of such process with a notice of service on the person in charge of such business shall be sent forthwith to the nonresident person or partnership by registered or certified mail, return receipt requested. An affidavit of compliance with this section shall be filed before the return day or within such further time as the court may allow.
History.—s. 1, ch. 59-280; s. 4, ch. 67-254; s. 273, ch. 95-147.
Note.—Former s. 47.161.
(1) Process against any private corporation, domestic or foreign, may be served:
(a) On the president or vice president, or other head of the corporation;
(b) In the absence of any person described in paragraph (a), on the cashier, treasurer, secretary, or general manager;
(c) In the absence of any person described in paragraph (a) or paragraph (b), on any director; or
(d) In the absence of any person described in paragraph (a), paragraph (b), or paragraph (c), on any officer or business agent residing in the state.
(2) If a foreign corporation has none of the foregoing officers or agents in this state, service may be made on any agent transacting business for it in this state.
(3)(a) As an alternative to all of the foregoing, process may be served on the agent designated by the corporation under s. 48.091. However, if service cannot be made on a registered agent because of failure to comply with s. 48.091, service of process shall be permitted on any employee at the corporation’s principal place of business or on any employee of the registered agent. A person attempting to serve process pursuant to this paragraph may serve the process on any employee of the registered agent during the first attempt at service even if the registered agent is temporarily absent from his or her office.
(b) If the address for the registered agent, officer, director, or principal place of business is a residence, a private mailbox, a virtual office, or an executive office or mini suite, service on the corporation may be made by serving the registered agent, officer, or director in accordance with s. 48.031.
(4) This section does not apply to service of process on insurance companies.
(5) When a corporation engages in substantial and not isolated activities within this state, or has a business office within the state and is actually engaged in the transaction of business therefrom, service upon any officer or business agent while on corporate business within this state may personally be made, pursuant to this section, and it is not necessary in such case that the action, suit, or proceeding against the corporation shall have arisen out of any transaction or operation connected with or incidental to the business being transacted within the state.
History.—s. 8, Nov. 21, 1829; s. 2, Feb. 11, 1834; s. 1, ch. 3590, 1885; RS 1019; GS 1406; s. 1, ch. 6908, 1915; s. 1, ch. 7752, 1918; RGS 2604; CGL 4251; s. 1, ch. 57-97; ss. 1, 2, 3, ch. 59-46; s. 4, ch. 67-254; s. 1, ch. 67-399; s. 6, ch. 79-396; s. 7, ch. 83-216; s. 1, ch. 84-2; s. 2, ch. 2004-273; s. 3, ch. 2011-159; s. 3, ch. 2014-207; s. 3, ch. 2016-207.
Note.—Former s. 47.17.
(1) Every Florida corporation and every foreign corporation now qualified or hereafter qualifying to transact business in this state shall designate a registered agent and registered office in accordance with part I of chapter 607.
(2) Every corporation shall keep the registered office open from 10 a.m. to 12 noon each day except Saturdays, Sundays, and legal holidays, and shall keep one or more registered agents on whom process may be served at the office during these hours. The corporation shall keep a sign posted in the office in some conspicuous place designating the name of the corporation and the name of its registered agent on whom process may be served.
History.—ss. 1, 2, 11, 13, 14, ch. 11829, 1927; CGL 4257, 4258, 4267, 4269, 4270; ss. 1, 2, ch. 20842, 1941; s. 1, ch. 29873, 1955; s. 24, ch. 57-1; s. 1, ch. 63-241; s. 1, ch. 65-32; s. 4, ch. 67-254; s. 2, ch. 67-562; ss. 10, 35, ch. 69-106; s. 3, ch. 71-114; s. 1, ch. 71-269; s. 28, ch. 71-377; s. 1, ch. 76-209; s. 36, ch. 2014-209.
Note.—Former ss. 47.34, 47.35, 47.42, 47.43, 47.45, 47.50.
Service on financial institutions must be made in accordance with s. 655.0201.
History.—s. 1, ch. 2016-180.
48.101 Service on dissolved corporations.—Process against the directors of any corporation which was dissolved before July 1, 1990, as trustees of the dissolved corporation shall be served on one or more of the directors of the dissolved corporation as trustees thereof and binds all of the directors of the dissolved corporation as trustees thereof. Process against any other dissolved corporation shall be served in accordance with s. 48.081.
History.—s. 1, ch. 19064, 1939; CGL 1940 Supp. 4251(1); s. 4, ch. 67-254; s. 3, ch. 97-230.
Note.—Former s. 47.22.
(1) Process against any municipal corporation, agency, board, or commission, department, or subdivision of the state or any county which has a governing board, council, or commission or which is a body corporate shall be served:
(a) On the president, mayor, chair, or other head thereof; and in his or her absence;
(b) On the vice president, vice mayor, or vice chair, or in the absence of all of the above;
(c) On any member of the governing board, council, or commission.
(2) Process against any public agency, board, commission, or department not a body corporate or having a governing board or commission shall be served on the public officer being sued or the chief executive officer of the agency, board, commission, or department.
(3) In any suit in which the Department of Revenue or its successor is a party, process against the department shall be served on the executive director of the department. This procedure is to be in lieu of any other provision of general law, and shall designate said department to be the only state agency or department to be so served.
History.—ss. 1, 2, ch. 3242, 1881; RS 581, 1021, 1022; GS 774, 1408, 1409; RGS 1494, 2606, 2607; CGL 2203, 4253, 4254; s. 4, ch. 67-254; s. 1, ch. 73-73; s. 8, ch. 83-216; s. 274, ch. 95-147.
Note.—Former ss. 47.20, 47.21.
When the state has consented to be sued, process against the state shall be served on the state attorney or an assistant state attorney for the judicial circuit within which the action is brought and by sending two copies of the process by registered or certified mail to the Attorney General. The state may serve motions or pleadings within 40 days after service is made. This section is not intended to authorize the joinder of the Attorney General or a state attorney as a party in such suit or prosecution.
History.—s. 2, ch. 29724, 1955; s. 4, ch. 67-254; s. 7, ch. 2001-266.
Note.—Former s. 69.18.
In every action or proceeding in any court or before any administrative board involving real, personal, or mixed property, or any interest therein, when service of process or notice is required or directed to be made upon any person, firm or corporation located, or believed to be located, within any country or territory in the possession of or under the control of any country between which and the United States a state of war exists, in addition to the giving of the notice or service of process, a copy of the notice or process shall be sent by registered or certified mail to the alien property custodian, addressed to him or her at Washington, District of Columbia; but failure to mail a copy of the notice or process to the alien property custodian does not invalidate the action or proceeding.
History.—s. 1, ch. 22074, 1943; s. 4, ch. 67-254; s. 275, ch. 95-147.
Note.—Former s. 47.51.
Process against labor organizations shall be served on the president or other officer, business agent, manager or person in charge of the business of such labor organization.
History.—s. 4, ch. 67-254.
(1) When any law designates a public officer, board, agency, or commission as the agent for service of process on any person, firm, or corporation, service of process thereunder shall be made by leaving one copy of the process with the public officer, board, agency, or commission or in the office thereof, or by mailing one copy to the public officer, board, agency, or commission. The public officer, board, agency, or commission so served shall retain a record copy and promptly send the copy served, by registered or certified mail, to the person to be served as shown by his or her or its records. Proof of service on the public officer, board, agency, or commission shall be by a notice accepting the process which shall be issued by the public officer, board, agency, or commission promptly after service and filed in the court issuing the process. The notice accepting service shall state the date upon which the copy of the process was mailed by the public officer, board, agency, or commission to the person being served and the time for pleading prescribed by the rules of procedure shall run from this date. The service is valid service for all purposes on the person for whom the public officer, board, agency, or commission is statutory agent for service of process.
(2) This section does not apply to substituted service of process on nonresidents.
(3) The Chief Financial Officer or his or her assistant or deputy or another person in charge of the office is the agent for service of process on all insurers applying for authority to transact insurance in this state, all licensed nonresident insurance agents, all nonresident disability insurance agents licensed pursuant to s. 626.835, any unauthorized insurer under s. 626.906 or s. 626.937, domestic reciprocal insurers, fraternal benefit societies under chapter 632, warranty associations under chapter 634, prepaid limited health service organizations under chapter 636, and persons required to file statements under s. 628.461. As an alternative to service of process made by mail or personal service on the Chief Financial Officer, on his or her assistant or deputy, or on another person in charge of the office, the Department of Financial Services may create an Internet-based transmission system to accept service of process by electronic transmission of documents.
(4) The Director of the Office of Financial Regulation of the Financial Services Commission is the agent for service of process for any issuer as defined in s. 517.021, or any dealer, investment adviser, or associated person registered with that office, for any violation of any provision of chapter 517.
(5) The Secretary of State is the agent for service of process for any retailer, dealer or vendor who has failed to designate an agent for service of process as required under s. 212.151 for violations of chapter 212.
(6) For purposes of this section, records may be retained as paper or electronic copies.
History.—s. 4, ch. 67-254; ss. 10, 12, 13, 35, ch. 69-106; s. 14, ch. 71-355; s. 29, ch. 71-377; s. 2, ch. 76-100; s. 16, ch. 79-164; s. 4, ch. 83-215; s. 1, ch. 87-316; s. 10, ch. 90-248; s. 276, ch. 95-147; s. 100, ch. 2003-261; s. 4, ch. 2011-159; s. 1, ch. 2016-132.
(1) When authorized by law, substituted service of process on a nonresident or a person who conceals his or her whereabouts by serving a public officer designated by law shall be made by leaving a copy of the process with a fee of $8.75 with the public officer or in his or her office or by mailing the copies by certified mail to the public officer with the fee. The service is sufficient service on a defendant who has appointed a public officer as his or her agent for the service of process. Notice of service and a copy of the process shall be sent forthwith by registered or certified mail by the plaintiff or his or her attorney to the defendant, and the defendant’s return receipt and the affidavit of the plaintiff or his or her attorney of compliance shall be filed on or before the return day of the process or within such time as the court allows, or the notice and copy shall be served on the defendant, if found within the state, by an officer authorized to serve legal process, or if found without the state, by a sheriff or a deputy sheriff of any county of this state or any duly constituted public officer qualified to serve like process in the state or jurisdiction where the defendant is found. The officer’s return showing service shall be filed on or before the return day of the process or within such time as the court allows. The fee paid by the plaintiff to the public officer shall be taxed as cost if he or she prevails in the action. The public officer shall keep a record of all process served on him or her showing the day and hour of service.
(2) If any person on whom service of process is authorized under subsection (1) dies, service may be made on his or her administrator, executor, curator, or personal representative in the same manner.
(3) This section does not apply to persons on whom service is authorized under s. 48.151.
(4) The public officer may designate some other person in his or her office to accept service.
History.—ss. 2, 4, ch. 17254, 1935; CGL 1936 Supp. 4274 (8), (10); s. 1, ch. 59-382; s. 4, ch. 67-254; s. 4, ch. 71-114; s. 1, ch. 71-308; s. 57, ch. 90-132; s. 277, ch. 95-147.
Note.—Former ss. 47.30, 47.32.
Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state to nonresident operators and owners, of operating a motor vehicle or of having it operated, or of permitting any motor vehicle owned, or leased, or controlled by him or her to be operated with his or her knowledge, permission, acquiescence, or consent, within the state, or any resident of this state, being the licensed operator or owner of or the lessee, or otherwise entitled to control any motor vehicle under the laws of this state, who becomes a nonresident or conceals his or her whereabouts, by the acceptance or licensure and by the operation of the motor vehicle, either in person, or by or through his or her servants, agents, or employees, or by persons with his or her knowledge, acquiescence, and consent within the state constitutes the Secretary of State his or her agent for the service of process in any civil action begun in the courts of the state against such operator or owner, lessee, or other person entitled to control of the motor vehicle, arising out of or by reason of any accident or collision occurring within the state in which the motor vehicle is involved.
History.—s. 1, ch. 17254, 1935; CGL 1936 Supp. 4274(7); ss. 1, 2, ch. 25003, 1949; s. 4, ch. 67-254; s. 278, ch. 95-147.
Note.—Former s. 47.29.
(1) The acceptance by any person or persons, individually or associated together as a copartnership or any other form or type of association, who are residents of any other state or country, and all foreign corporations, and any person who is a resident of the state and who subsequently becomes a nonresident of the state or conceals his or her whereabouts, of the privilege extended by law to nonresidents and others to operate, conduct, engage in, or carry on a business or business venture in the state, or to have an office or agency in the state, constitutes an appointment by the persons and foreign corporations of the Secretary of State of the state as their agent on whom all process in any action or proceeding against them, or any of them, arising out of any transaction or operation connected with or incidental to the business or business venture may be served. The acceptance of the privilege is signification of the agreement of the persons and foreign corporations that the process against them which is so served is of the same validity as if served personally on the persons or foreign corporations.
(2) If a foreign corporation has a resident agent or officer in the state, process shall be served on the resident agent or officer.
(3) Any person, firm, or corporation which sells, consigns, or leases by any means whatsoever tangible or intangible personal property, through brokers, jobbers, wholesalers, or distributors to any person, firm, or corporation in this state is conclusively presumed to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business or business venture in this state.
History.—s. 1, ch. 6224, 1911; RGS 2602; CGL 4249; s. 1, ch. 26657, 1951; s. 1, ch. 57-747; s. 4, ch. 67-254; s. 2, ch. 84-2; s. 279, ch. 95-147.
Note.—Former s. 47.16.
(1) In an action for possession of any residential premises, including those under chapters 83, 723, and 513, or nonresidential premises, if the tenant cannot be found in the county or there is no person 15 years of age or older residing at the tenant’s usual place of abode in the county after at least two attempts to obtain service as provided above in this subsection, summons may be served by attaching a copy to a conspicuous place on the property described in the complaint or summons. The minimum time delay between the two attempts to obtain service shall be 6 hours. Nothing herein shall be construed as prohibiting service of process on a tenant as is otherwise provided on defendants in civil cases.
(2) If a landlord causes or anticipates causing a defendant to be served with a summons and complaint solely by attaching them to some conspicuous place on the property described in the complaint or summons, the landlord shall provide the clerk of the court with an additional copy of the complaint and a prestamped envelope addressed to the defendant at the premises involved in the proceeding. The clerk of the court shall immediately mail the copy of the summons and complaint by first-class mail, note the fact of mailing in the docket, and file a certificate in the court file of the fact and date of mailing. Service shall be effective on the date of posting or mailing, whichever occurs later, and at least 5 days must elapse from the date of service before a judgment for final removal of the defendant may be entered.
History.—s. 4, ch. 73-330; s. 1, ch. 75-34; s. 1, ch. 83-39; s. 2, ch. 84-339; s. 4, ch. 87-405; s. 1, ch. 88-379; s. 3, ch. 94-170; s. 2, ch. 98-410; s. 1, ch. 2003-263.
The operation, navigation, or maintenance by a nonresident of an aircraft or a boat, ship, barge, or other watercraft in the state, either in person or through others, and the acceptance thereby by the nonresident of the protection of the laws of this state for the aircraft or watercraft, or the operation, navigation, or maintenance by a nonresident of an aircraft or a boat, ship, barge, or other watercraft in the state, either in person or through others, other than under the laws of the state, or any person who is a resident of the state and who subsequently becomes a nonresident or conceals his or her whereabouts, constitutes an appointment by the nonresident of the Secretary of State as the agent of the nonresident or concealed person on whom all process may be served in any action or proceeding against the nonresident or concealed person growing out of any accident or collision in which the nonresident or concealed person may be involved while, either in person or through others, operating, navigating, or maintaining an aircraft or a boat, ship, barge, or other watercraft in the state. The acceptance by operation, navigation, or maintenance in the state of the aircraft or watercraft is signification of the nonresident’s or concealed person’s agreement that process against him or her so served shall be of the same effect as if served on him or her personally.
History.—s. 1, ch. 59-148; s. 1, ch. 65-118; s. 4, ch. 67-254; s. 2, ch. 70-90; s. 280, ch. 95-147.
Note.—Former s. 47.162.
(1)(a) A person, whether or not a citizen or resident of this state, who personally or through an agent does any of the acts enumerated in this subsection thereby submits himself or herself and, if he or she is a natural person, his or her personal representative to the jurisdiction of the courts of this state for any cause of action arising from any of the following acts:
(2) A defendant who is engaged in substantial and not isolated activity within this state, whether such activity is wholly interstate, intrastate, or otherwise, is subject to the jurisdiction of the courts of this state, whether or not the claim arises from that activity.
(3) Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in s. 48.194. The service shall have the same effect as if it had been personally served within this state.
(4) If a defendant in his or her pleadings demands affirmative relief on causes of action unrelated to the transaction forming the basis of the plaintiff’s claim, the defendant shall thereafter in that action be subject to the jurisdiction of the court for any cause of action, regardless of its basis, which the plaintiff may by amendment assert against the defendant.
(5) Nothing contained in this section limits or affects the right to serve any process in any other manner now or hereinafter provided by law.
History.—s. 1, ch. 73-179; s. 3, ch. 84-2; s. 3, ch. 88-176; s. 3, ch. 93-250; s. 281, ch. 95-147; s. 1, ch. 2013-164; s. 2, ch. 2016-207.
(1) Except as otherwise provided herein, service of process on persons outside of this state shall be made in the same manner as service within this state by any officer authorized to serve process in the state where the person is served. No order of court is required. An affidavit of the officer shall be filed, stating the time, manner, and place of service. The court may consider the affidavit, or any other competent evidence, in determining whether service has been properly made. Service of process on persons outside the United States may be required to conform to the provisions of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
(2) Where in rem or quasi in rem relief is sought in a foreclosure proceeding as defined by s. 702.09, service of process on a person outside of this state where the address of the person to be served is known may be made by registered mail as follows:
(a) The party’s attorney or the party, if the party is not represented by an attorney, shall place a copy of the original process and the complaint, petition, or other initial pleading or paper and, if applicable, the order to show cause issued pursuant to s. 702.10 in a sealed envelope with adequate postage addressed to the person to be served.
(b) The envelope shall be placed in the mail as registered mail.
(c) Service under this subsection shall be considered obtained upon the signing of the return receipt by the person allowed to be served by law.
(3) If the registered mail which is sent as provided for in subsection (2) is returned with an endorsement or stamp showing “refused,” the party’s attorney or the party, if the party is not represented by an attorney, may serve original process by first-class mail. The failure to claim registered mail is not refusal of service within the meaning of this subsection. Service of process pursuant to this subsection shall be perfected as follows:
(a) The party’s attorney or the party, if the party is not represented by an attorney, shall place a copy of the original process and the complaint, petition, or other initial pleading or paper and, if applicable, the order to show cause issued pursuant to s. 702.10 in a sealed envelope with adequate postage addressed to the person to be served.
(b) The envelope shall be mailed by first-class mail with the return address of the party’s attorney or the party, if the party is not represented by an attorney, on the envelope.
(c) Service under this subsection shall be considered obtained upon the mailing of the envelope.
(4) If service of process is obtained under subsection (2), the party’s attorney or the party, if the party is not represented by an attorney, shall file an affidavit setting forth the return of service. The affidavit shall state the nature of the process; the date on which the process was mailed by registered mail; the name and address on the envelope containing the process; the fact that the process was mailed registered mail return receipt requested; who signed the return receipt, if known, and the basis for that knowledge; and the relationship between the person who signed the receipt and the person to be served, if known, and the basis for that knowledge. The return receipt from the registered mail shall be attached to the affidavit. If service of process is perfected under subsection (3), the party’s attorney or the party, if the party is not represented by an attorney, shall file an affidavit setting forth the return of service. The affidavit shall state the nature of the process; the date on which the process was mailed by registered mail; the name and address on the envelope containing the process that was mailed by registered mail; the fact that the process was mailed registered mail and was returned with the endorsement or stamp “refused”; the date, if known, the process was “refused”; the date on which the process was mailed by first-class mail; the name and address on the envelope containing the process that was mailed by first-class mail; and the fact that the process was mailed by first-class mail with a return address of the party or the party’s attorney on the envelope. The return envelope from the attempt to mail process by registered mail and the return envelope, if any, from the attempt to mail the envelope by first-class mail shall be attached to the affidavit.
History.—s. 1, ch. 73-179; s. 4, ch. 93-250; s. 7, ch. 97-278.
(1) The service of process issued by a court of a state other than Florida may be made by the sheriffs of this state in the same manner as service of process issued by Florida courts. The provisions of this section shall not be interpreted to permit a sheriff to take any action against personal property, real property, or persons.
(2) An officer serving such foreign process shall be deemed as acting in the performance of his or her duties for the purposes of ss. 30.01, 30.02, 843.01, and 843.02, but shall not be held liable as provided in s. 839.19 for failure to execute any process delivered to him or her for service.
(3) The sheriffs shall be entitled to charge fees for the service of foreign process, and the fees shall be the same as fees for the service of comparable process for the Florida courts. When the service of foreign process requires duties to be performed in excess of those required by Florida courts, the sheriff may perform the additional duties and may collect reasonable additional compensation for the additional duties performed.
History.—s. 7, ch. 79-396; s. 36, ch. 81-259; s. 11, ch. 91-45; s. 282, ch. 95-147.
(1) Any process in connection with the commencement of an action before the courts of this state under chapter 684, the Florida International Commercial Arbitration Act, shall be served:
(a) In the case of a natural person, by service upon:
1. That person;
2. Any agent for service of process appointed in, or pursuant to, any applicable agreement or by operation of any law of this state; or
3. Any person authorized by the law of the jurisdiction where process is being served to accept service for that person.
(b) In the case of any person other than a natural person, by service upon:
1. Any agent for service of process appointed in, or pursuant to, any applicable agreement or by operation of any law of this state;
2. Any person authorized by the law of the jurisdiction where process is being served to accept service for that person; or
3. Any person, whether natural or otherwise and wherever located, who by operation of law or internal action is an officer, business agent, director, general partner, or managing agent or director of the person being served; or
4. Any partner, joint venturer, member or controlling shareholder, wherever located, of the person being served, if the person being served does not by law or internal action have any officer, business agent, director, general partner, or managing agent or director.
(2) The process served under subsection (1) shall include a copy of the application to the court together with all attachments thereto and shall be served in the following manner:
(a) In any manner agreed upon, whether service occurs within or without this state;
(3) No order of the court is required for service of process outside this state. The person serving process shall make proof of service to the court by affidavit or as prescribed by the law of the jurisdiction where process is being served or as prescribed in an order of the court. Such proof shall be made prior to expiration of the time within which the person served must respond. If service is by mail, the proof of service shall state the date and place of mailing and shall include a receipt signed by the addressee or other evidence of delivery satisfactory to the court.
History.—s. 2, ch. 86-266; s. 1, ch. 2010-60; s. 2, ch. 2015-59.
Service or execution on Sunday of any writ, process, warrant, order, or judgment is void and the person serving or executing, or causing it to be served or executed, is liable to the party aggrieved for damages for so doing as if he or she had done it without any process, writ, warrant, order, or judgment. If affidavit is made by the person requesting service or execution that he or she has good reason to believe that any person liable to have any such writ, process, warrant, order, or judgment served on him or her intends to escape from this state under protection of Sunday, any officer furnished with an order authorizing service or execution by the trial court judge may serve or execute such writ, process, warrant, order, or judgment on Sunday, and it is as valid as if it had been done on any other day.
History.—s. 44, Nov. 23, 1828; RS 1025; GS 1413; RGS 2611; CGL 4275; s. 4, ch. 67-254; s. 12, ch. 73-334; s. 283, ch. 95-147; s. 5, ch. 2004-11.
Note.—Former s. 47.46.
(1) Each person who effects service of process shall note on a return-of-service form attached thereto, the date and time when it comes to hand, the date and time when it is served, the manner of service, the name of the person on whom it was served and, if the person is served in a representative capacity, the position occupied by the person. The return-of-service form must be signed by the person who effects the service of process. However, a person employed by a sheriff who effects the service of process may sign the return-of-service form using an electronic signature certified by the sheriff.
(2) A failure to state the facts or to include the signature required by subsection (1) invalidates the service, but the return is amendable to state the facts or to include the signature at any time on application to the court from which the process issued. On amendment, service is as effective as if the return had originally stated the omitted facts or included the signature. A failure to state all the facts in or to include the signature on the return shall subject the person effecting service to a fine not exceeding $10, in the court’s discretion.
History.—s. 18, Nov. 23, 1828; RS 1026; GS 1414; RGS 2612; CGL 4276; s. 4, ch. 67-254; s. 4, ch. 94-170; s. 1356, ch. 95-147; s. 3, ch. 2004-273; s. 5, ch. 2011-159.
Note.—Former s. 47.47.
All provisions of this chapter are cumulative to other provisions of law or rules of court about service of process, and all other provisions about service of process are cumulative to this chapter.
History.—s. 9, ch. 11829, 1927; CGL 4265; s. 7, ch. 22858, 1945; s. 4, ch. 67-254.
Note.—Former ss. 47.33, 47.44.
(1)(a) An action in any of the state or federal courts in this state operates as a lis pendens on any real or personal property involved therein or to be affected thereby only if a notice of lis pendens is recorded in the official records of the county where the property is located and such notice has not expired pursuant to subsection (2) or been withdrawn or discharged.
(b)1. An action that is filed for specific performance or that is not based on a duly recorded instrument has no effect, except as between the parties to the proceeding, on the title to, or on any lien upon, the real or personal property unless a notice of lis pendens has been recorded and has not expired or been withdrawn or discharged.
2. Any person acquiring for value an interest in the real or personal property during the pendency of an action described in subparagraph 1., other than a party to the proceeding or the legal successor by operation of law, or personal representative, heir, or devisee of a deceased party to the proceeding, shall take such interest exempt from all claims against the property that were filed in such action by the party who failed to record a notice of lis pendens or whose notice expired or was withdrawn or discharged, and from any judgment entered in the proceeding, notwithstanding the provisions of s. 695.01, as if such person had no actual or constructive notice of the proceeding or of the claims made therein or the documents forming the causes of action against the property in the proceeding.
(c)1. A notice of lis pendens must contain the following:
a. The names of the parties.
b. The date of the institution of the action, the date of the clerk’s electronic receipt, or the case number of the action.
c. The name of the court in which it is pending.
d. A description of the property involved or to be affected.
e. A statement of the relief sought as to the property.
2. In the case of any notice of lis pendens filed on the same date as the pleading upon which the notice is based, the clerk’s notation of the date of receipt on the notice shall satisfy the requirement that the notice contain the date of the institution of the action.
(d) Except for the interest of persons in possession or easements of use, the recording of such notice of lis pendens, provided that during the pendency of the proceeding it has not expired pursuant to subsection (2) or been withdrawn or discharged, constitutes a bar to the enforcement against the property described in the notice of all interests and liens, including, but not limited to, federal tax liens and levies, unrecorded at the time of recording the notice unless the holder of any such unrecorded interest or lien intervenes in such proceedings within 30 days after the recording of the notice. If the holder of any such unrecorded interest or lien does not intervene in the proceedings and if such proceedings are prosecuted to a judicial sale of the property described in the notice, the property shall be forever discharged from all such unrecorded interests and liens. If the notice of lis pendens expires or is withdrawn or discharged, the expiration, withdrawal, or discharge of the notice does not affect the validity of any unrecorded interest or lien.
(2) A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time, unless the relief sought is disclosed by the pending pleading to be founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 against the property involved, except when the court extends the time of expiration on reasonable notice and for good cause. The court may impose such terms for the extension of time as justice requires.
(3) When the pending pleading does not show that the action is founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 or when the action no longer affects the subject property, the court shall control and discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions.
(4) This section applies to all actions now or hereafter pending in any state or federal courts in this state, but the period of time specified in subsection (2) does not include the period of pendency of any action in an appellate court.
History.—RS 1220; GS 1649; RGS 2853; ss. 1-3, ch. 12081, 1927; CGL 4550; s. 1, ch. 24336, 1947; s. 4, ch. 67-254; s. 1, ch. 67-567; s. 1, ch. 85-308; s. 19, ch. 90-109; s. 5, ch. 93-250; s. 1, ch. 2009-39.
Note.—Former s. 47.49.
Sections 48.25-48.31 may be cited as the “Florida Certified Process Server Act.”
History.—s. 2, ch. 88-135.
(1) The chief judge of each judicial circuit may establish an approved list of natural persons designated as certified process servers. The chief judge may periodically add to such list the names of those natural persons who have met the requirements for certification provided for in s. 48.29. Each person whose name has been added to the approved list is subject to annual recertification and reappointment by the chief judge of a judicial circuit. The chief judge shall prescribe appropriate forms for application for inclusion on the list of certified process servers. A reasonable fee for the processing of any such application must be charged.
(2)(a) The addition of a person’s name to the list authorizes him or her to serve initial nonenforceable civil process on a person found within the circuit where the process server is certified when a civil action has been filed against such person in the circuit court or in a county court in the state. Upon filing an action in circuit or county court, a person may select from the list for the circuit where the process is to be served one or more certified process servers to serve initial nonenforceable civil process.
(b) The addition of a person’s name to the list authorizes him or her to serve criminal witness subpoenas and criminal summonses on a person found within the circuit where the process server is certified. The state in any proceeding or investigation by a grand jury or any party in a criminal action, prosecution, or proceeding may select from the list for the circuit where the process is to be served one or more certified process servers to serve the subpoena or summons.
(3) Nothing herein shall be interpreted to exclude a sheriff or deputy or other person appointed by the sheriff pursuant to s. 48.021 from serving process or to exclude a person from appointment by individual motion and order to serve process in any civil action in accordance with Rule 1.070(b) of the Florida Rules of Civil Procedure.
History.—s. 3, ch. 88-135; s. 5, ch. 97-96; s. 3, ch. 98-410; s. 3, ch. 2009-215.
(1) The circuit court administrator and the clerk of the court in each county in the circuit shall maintain the list of process servers approved by the chief judge of the circuit. Such list may, from time to time, be amended or modified to add or delete a person’s name in accordance with the provisions of this section or s. 48.31.
(2) A person seeking the addition of his or her name to the approved list in any circuit shall submit an application to the chief judge of the circuit or to the chief judge’s designee on a form prescribed by the court. A reasonable fee for processing the application may be charged.
(3) A person applying to become a certified process server shall:
(a) Be at least 18 years of age;
(b) Have no mental or legal disability;
(c) Be a permanent resident of the state;
(d) Submit to a background investigation, which shall include the right to obtain and review the criminal record of the applicant;
(e) Obtain and file with his or her application a certificate of good conduct, which specifies there is no pending criminal case against the applicant and that there is no record of any felony conviction, nor a record of a conviction of a misdemeanor involving moral turpitude or dishonesty, with respect to the applicant within the past 5 years;
(f) If prescribed by the chief judge of the circuit, submit to an examination testing his or her knowledge of the laws and rules regarding the service of process. The content of the examination and the passing grade thereon, and the frequency and location at which such examination shall be offered shall be prescribed by the chief judge of the circuit. The examination, if any, shall be offered at least once annually;
(g) Execute a bond in the amount of $5,000 with a surety company authorized to do business in this state for the benefit of any person wrongfully injured by any malfeasance, misfeasance, neglect of duty, or incompetence of the applicant, in connection with his or her duties as a process server. Such bond shall be renewable annually; and
(h) Take an oath of office that he or she will honestly, diligently, and faithfully exercise the duties of a certified process server.
(4) The chief judge of the circuit may, from time to time by administrative order, prescribe additional rules and requirements regarding the eligibility of a person to become a certified process server or to have his or her name maintained on the list of certified process servers.
(5)(a) An applicant who completes the requirements set forth in this section and whose name the chief judge by order enters on the list of certified process servers shall be designated as a certified process server.
(b) Each certified process server shall be issued an identification card bearing his or her identification number, printed name, signature and photograph, the seal of the circuit court, and an expiration date. Each identification card shall be renewable annually upon proof of good standing and current bond.
(6) A certified process server shall place the information required in s. 48.031(5) on the first page of at least one of the processes served. Return of service shall be made by a certified process server on a form which has been reviewed and approved by the court.
(7)(a) A person may qualify as a certified process server and have his or her name entered on the list in more than one circuit.
(b) A process server whose name is on a list of certified process servers in more than one circuit may serve process on a person found in any such circuits.
(c) A certified process server may serve foreign process in any circuit in which his or her name has been entered on the list of certified process servers for that circuit.
(8) A certified process server may charge a fee for his or her services.
History.—s. 4, ch. 88-135; s. 284, ch. 95-147; s. 4, ch. 2004-273; s. 6, ch. 2011-159.
(1) A certified process server may be removed from the list of certified process servers for any malfeasance, misfeasance, neglect of duty, or incompetence, as provided by court rule.
(2) A certified process server must be disinterested in any process he or she serves; if the certified process server willfully and knowingly executes a false return of service, he or she is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and shall be permanently barred from serving process in this state.
History.—s. 5, ch. 88-135; s. 285, ch. 95-147.
Florida Notary Laws
What is a Notary Public
Verifications * Certifications
Oath & Acknowledgements
Florida Notary Laws
FLORIDA STATUTES
TITLE I. CONSTRUCTION OF STATUTES
CHAPTER 1. DEFINITIONS
1.01 Definitions.—
In construing these statutes and each and every word, phrase, or part hereof, where the context will permit:
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(5) The word “oath” includes affirmations.
(14) The term “veteran” means a person who served in the active military, naval, or
air service and who was discharged or released therefrom under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. To receive benefits as a wartime veteran, a veteran must have served during one of the following periods of wartime service:
TITLE IV. EXECUTIVE BRANCH CHAPTER 15. SECRETARY OF STATE
15.16 Reproduction of records; admissibility in evidence; electronic receipt and transmission of records; certification; acknowledgment.—
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(7) The Secretary of State may issue apostilles conforming to the requirements of the
international treaty known as the Hague Convention of 1961 and may charge a fee for the issuance of apostilles not to exceed $10 per apostille. The Secretary of State has the sole authority in this state to establish, in accordance with the laws of the United States, the requirements and procedures for the issuance of apostilles. The Department of State may adopt rules to implement this subsection.
TITLE V. JUDICIAL BRANCH
Revised 6/25/2024 -1-
CHAPTER 28. CLERKS OF THE CIRCUIT COURTS
28.24 Service charges by clerk of the circuit court.—The clerk of the circuit court may
charge for services rendered by the clerk’s office in recording documents and instruments and in performing the duties enumerated in amounts not to exceed those specified in this section. Notwithstanding any other provision of this section, the clerk of the circuit court shall provide without charge to the state attorney, public defender, and guardian ad litem, and to the authorized staff acting on behalf of each, access to and a copy of any public record, if the requesting party is entitled by law to view the exempt or confidential record, as maintained by and in the custody of the clerk of the circuit court as provided in general law and the Florida Rules of Judicial Administration. The clerk of the circuit court may provide the requested public record in an electronic format in lieu of a paper format when capable of being accessed by the requesting entity.
Charges …
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(24) For solemnizing matrimony…………30.00
TITLE VII. EVIDENCE CHAPTER 92. WITNESSES, RECORDS, AND DOCUMENTS
92.50 Oaths, affidavits, and acknowledgments; who may take or administer; requirements.—
(1) IN THIS STATE.-Oaths, affidavits, and acknowledgments required or authorized under the laws of this state (except oaths to jurors and witnesses in court and such other oaths, affidavits and acknowledgments as are required by law to be taken or administered by or before particular officers) may be taken or administered by or before any judge, clerk, or deputy clerk of any court of record within this state, including federal courts, or by or before any United States commissioner or any notary public within this state. The jurat, or certificate of proof or acknowledgment, shall be authenticated by the signature and official seal of such officer or person taking or administering the same; however, when taken or administered by or before any judge, clerk, or deputy clerk of a court of record, the seal of such court may be affixed as the seal of such officer or person.
(2) IN OTHER STATES, TERRITORIES, AND DISTRICTS OF THE UNITED STATES.-Oaths, affidavits, and acknowledgments required or authorized under the laws of this state, may be taken or administered in any other state, territory, or district of the United States, by or before any judge, clerk or deputy clerk of any court of record, within such state, territory, or district, having a seal, or by or before any notary public or justice of the peace, having a seal, in such state, territory, or district; provided, however, such officer or person is authorized under the laws of such state, territory, or district to take or administer oaths, affidavits and acknowledgments. The jurat, or certificate of proof or acknowledgment, shall be authenticated by the signature and official seal of such officer or person taking or administering the same; provided, however, when taken or administered by or before any judge, clerk, or deputy clerk of a court of record, the seal of such court may be affixed as the seal of such officer or person.
(3) IN FOREIGN COUNTRIES.-Oaths, affidavits, and acknowledgments, required or authorized by the laws of this state, may be taken or administered in any foreign country, Revised 6/25/2024 -2- by or before any judge or justice of a court of last resort, any notary public of such foreign country, any minister, consul general, charge d’affaires, or consul of the United States resident in such country. The jurat, or certificate of proof or acknowledgment, shall be authenticated by the signature and official seal of the officer or person taking or administering the same; provided, however, when taken or administered by or before any judge or justice of a court of last resort, the seal of such court may be affixed as the seal of such judge or justice.
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.
92.52 Affirmation equivalent to oath.—Whenever an oath shall be required by any law of this state in any proceeding, an affirmation may be substituted therefor.
92.525 Verification of documents; perjury by false written declaration, penalty.—
(1) If authorized or required by law, by rule of an administrative agency, or by rule or
order of court that a document be verified by a person, the verification may be
accomplished in the following manner:
(2) A written declaration means the following statement: “Under penalties of perjury,
I declare that I have read the foregoing [document] and that the facts stated in it are true,”followed by the signature of the person making the declaration, except when a
verification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief” may be added. The written declaration shall be printed or typed at the end of or immediately below the document being verified and above the -3-signature of the person making the declaration.
(3) A person who knowingly makes a false declaration under subsection (2) is guilty
of the crime of perjury by false written declaration, a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) As used in this section:
(a) The term “administrative agency” means any department or agency of the state or
any county, municipality, special district, or other political subdivision.
(b) The term “document” means any writing including, without limitation, any form,
application, claim, notice, tax return, inventory, affidavit, pleading, or paper.
(c) The requirement that a document be verified means that the document must be signed or executed by a person and that the person must state under oath or affirm that the fact or matters stated or recited in the document are true, or words of that import or effect.
TITLE X. PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
CHAPTER 113. COMMISSIONS
113.01 Fee for commissions issued by Governor.—A fee of $10 is prescribed for the issuance of each commission issued by the Governor of the state and attested by the Secretary of State for an elected officer or a notary public.
CHAPTER 116. POWERS AND DUTIES OF OFFICERS
116.35 Notary public commissions; 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 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 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.
116.36 Notary public commissions; 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.
116.37 Notary public commissions; elected officers.—In all cases where such agency, board, commission or department is under the direction of one or more elected officers -4-Revised 6/25/2024 such officer or officers may become notaries public in like manner as provided in the case of employees as aforesaid.
116.38 Notary fees.—
(1) Except as is 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.
TITLE X. PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
CHAPTER 117. NOTARIES PUBLIC PART I. GENERAL PROVISIONS
117.01 Appointment, application, suspension, revocation, application fee, bond, and oath.—
(1) The Governor may appoint as many notaries public as he or she deems necessary,
each of whom must be at least 18 years of age and a legal resident of this state. A
permanent resident alien may apply and be appointed and shall file with his or her
application a recorded Declaration of Domicile. The residence required for appointment must be maintained throughout the term of appointment. A notary public shall be appointed for 4 years and may only use and exercise the office of notary public if he or she is within the boundaries of this state. An applicant must be able to read, write, and understand the English language.
(2) The application for appointment shall be signed and sworn to by the applicant and shall be accompanied by a fee of $25, together with the $10 commission fee required by s. 113.01, and a surcharge of $4, which $4 is appropriated to the Executive Office of the Governor to be used to educate and assist notaries public. The Executive Office of the Governor may contract with private vendors to provide the services set forth in this section. However, no commission fee shall be required for the issuance of a commission as a notary public to a veteran who served during a period of wartime service, as defined in s. 1.01(14), and who has been rated by the United States Government or the United States Department of Veterans Affairs or its predecessor to have a disability rating of 50 percent or more; such a disability is subject to verification by the Secretary of State, who has authority to adopt reasonable procedures to implement this act. The oath of office and notary bond required by this section shall also accompany the application and shall be in a form prescribed by the Department of State which shall require, but not be limited to, the following information: full name, residence address and telephone number, business address and telephone number, date of birth, race, sex, social security number, citizenship -5- Revised 6/25/2024 status, driver license number or the number of other official state-issued identification, affidavit of good character from someone unrelated to the applicant who has known the applicant for 1 year or more, a list of all professional licenses and commissions issued by the state during the previous 10 years and a statement as to whether or not the applicant has had such license or commission revoked or suspended, and a statement as to whether or not the applicant has been convicted of a felony, and, if there has been a conviction, a statement of the nature of the felony and restoration of civil rights. The applicant may not use a fictitious or assumed name other than a nickname on an application for commission. The application shall be maintained by the Department of State for the full term of a notary commission. A notary public shall notify, in writing, the Department of State of any change in his or her business address, home telephone number, business telephone number, home address, or criminal record within 60 days after such change. The Governor may require any other information he or she deems necessary for determining whether an applicant is eligible for a notary public commission. Each applicant must swear or affirm on the application that the information on the application is true and correct.
(3) As part of the oath, the applicant must swear that he or she has read this chapter
and knows the duties, responsibilities, limitations, and powers of a notary public.
(4) 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:
(5)
(a) If a notary public receives notice from the Department of State that his or her
office has been declared vacant, the notary shall forthwith mail or deliver to the Secretary of State his or her notary commission.
(b) A notary public who wishes to resign his or her commission, or a notary public
who does not maintain legal residence in this state during the entire term of appointment, or a notary public whose resignation is required by the Governor, shall send a signed letter of resignation to the Governor and shall return his or her certificate of notary public commission. The resigning notary public shall destroy his or her official notary public seal of office, unless the Governor requests its return.
(6) No person may be automatically reappointed as a notary public. The application
process must be completed regardless of whether an applicant is requesting his or her first notary commission, a renewal of a commission, or any subsequent commission. -6- Revised 6/25/2024
(7)
(8)Upon payment to any individual harmed as a result of a breach of duty by the notary public, the entity who has issued the bond for the notary public shall notify the Governor of the payment and the circumstances which led to the claim.
117.021 Electronic notarization.—
(1) Any document requiring notarization may be notarized electronically. The
provisions of ss. 117.01, 117.03, 117.04, 117.05(1)-(11), (13), and (14), 117.105, and
117.107 apply to all notarizations under this section.
(2) In performing an electronic notarial act, a notary public shall use an electronic
signature that is:
(3) When a signature is required to be accompanied by a notary public seal, the
requirement is satisfied when the electronic signature of the notary public contains all of the following seal information:
(4) A notary public performing a notarial act with respect to an electronic record shall select the technology to be used for such notarial act. A person may not require the notary public to use a particular technology; however, if the notary public is required by his or her contract or employer to perform notarial acts with respect to electronic records, the contract or employer may require the use of a particular technology for those notarial
acts.
(5) Failure of a notary public to comply with any of the requirements of this section
may constitute grounds for suspension of the notary public’s commission by the
Executive Office of the Governor. -7-
Revised 6/25/2024
(6) The Department of State may adopt rules to ensure the security, reliability, and
uniformity of signatures and seals authorized in this section.
(7) The Department of State, in collaboration with the Department of Management
Services, shall adopt rules establishing standards for tamper-evident technologies that will indicate any alteration or change to an electronic record after completion of an electronic notarial act. All electronic notarizations performed on or after January 1, 2020, must comply with the adopted standards.
117.03 Administration of oaths.—A notary public may administer an oath and make a certificate thereof when it is necessary for the execution of any writing or document to be published under the seal of a notary public. The notary public may not take an acknowledgment of execution in lieu of an oath if an oath is required.
117.04 Acknowledgments. —A notary public is authorized to take the acknowledgements of deeds and other instruments of writing for the record, as fully as officers of this state.
117.045 Marriages.—A notary public is authorized to solemnize the rites of matrimony. For solemnizing the rites of matrimony, the fee of a notary public may not exceed those provided by law to the clerks of the circuit court for like services.
117.05 Use of notary commission; unlawful use; notary fee; seal; duties; employer liability; name change; advertising; photocopies; penalties.—
(1) A person may not obtain or use a notary public commission in other than his or
her legal name, and it is unlawful for a notary public to notarize his or her own signature. Any person applying for a notary public commission must submit proof of identity to the Department of State. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2)
(a) The fee of a notary public may not exceed $10 for any one notarial act, except
as provided in s. 117.045 or s. 117.275.
(b) A notary public may not charge a fee for witnessing a vote-by-mail ballot in an
election, and must witness such a ballot upon the request of an elector, provided the
notarial act is in accordance with the provisions of this chapter.
(3)
(4) When notarizing a signature, a notary public shall complete a jurat or notarial
certificate in substantially the same form as those found in subsection (13). The jurat or certificate of acknowledgment shall contain the following elements:
(5) A notary public may not notarize a signature on a document unless he or she
personally knows, or has satisfactory evidence, that the person whose signature is to be notarized is the individual who is described in and who is executing the instrument. A notary public shall certify in the certificate of acknowledgment or jurat the type of identification, either based on personal knowledge or other form of identification, upon which the notary public is relying. In the case of an online notarization, the online notary public shall comply with the requirements set forth in part II of this chapter.
1. The sworn written statement of one credible witness personally known to the
notary public or the sworn written statement of two credible witnesses whose identities are proven to the notary public upon the presentation of satisfactory evidence that each of the following is true:
2. Reasonable reliance on the presentation to the notary public of any one of the
following forms of identification, if the document is current or has been issued within the past 5 years and bears a serial or other identifying number:
(6) The employer of a notary public shall be liable to the persons involved for all
damages proximately caused by the notary’s official misconduct, if the notary public was acting within the scope of his or her employment at the time the notary engaged in the official misconduct.
(7) Any person who acts as or otherwise willfully impersonates a notary public while
not lawfully appointed and commissioned to perform notarial acts is guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(8) Any notary public who knowingly acts as a notary public after his or her
commission has expired is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(9) Any notary public who lawfully changes his or her name shall, within 60 days
after such change, request an amended commission from the Secretary of State and shall -10-Revised 6/25/2024 send $25, his or her current commission, and a notice of change form, obtained from the Secretary of State, which shall include the new name and contain a specimen of his or her official signature. The Secretary of State shall issue an amended commission to the notary public in the new name. A rider to the notary public’s bond must accompany the notice of change form. After submitting the required notice of change form and rider to the Secretary of State, the notary public may continue to perform notarial acts in his or her former name for 60 days or until receipt of the amended commission, whichever date
is earlier.
(10) A notary public who is not an attorney who advertises the services of a notary
public in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall post or otherwise include with the advertisement a notice in English and in the language used for the advertisement. The notice shall be of a conspicuous size, if in writing, and shall state: “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.” If the advertisement is by radio or television, the statement may be modified but must include substantially the same message.
(11) Literal translation of the phrase “Notary Public” into a language other than
English is prohibited in an advertisement for notarial services.
(12)
(a) A notary public may supervise the making of a copy of a tangible or an
electronic record or the printing of an electronic record and attest to the trueness of the copy or of the printout, provided the document is neither a vital record in this state, another state, a territory of the United States, or another country, nor a public record, if a copy can be made by the custodian of the public record.
(b) A notary public must use a certificate in substantially the following form in notarizing an attested copy:
STATE OF FLORIDA
COUNTY OF
On this day of_____ (year) I attest that the preceding or attached document is a true,
exact, complete, and unaltered photocopy made by me of _____ (description of
document) presented to me by the document’s custodian, and, to the best of my
knowledge, that the photocopied document is neither a vital record nor a public record, certified copies of which are available from an official source other than a notary public.
(Official Notary Signature and Notary Seal)
(Name of Notary Typed, Printed or Stamped)
(c) A notary public must use a certificate in substantially the following form in notarizing a copy of a tangible or an electronic record or a printout of an electronic
record:
STATE OF FLORIDA
COUNTY OF
On this day of _____ (year) I attest that the preceding or attached document is a true, exact, complete, and unaltered (copy of a tangible or an electronic record presented to me by the document’s custodian) or a (printout made by me from such record). If a printout, I further attest that, at the time of printing, no security features, if any, present on the electronic record, indicated that the record had been altered since execution.
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
(13) The following notarial certificates are sufficient for the purposes indicated, if -11-
Revised 6/25/2024 completed with the information required by this chapter. The specification of forms under this subsection does not preclude the use of other forms.
(a) For an oath or affirmation:
STATE OF FLORIDA
COUNTY OF
Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or
☐ online notarization, this day of _____ (year) by _____ (name of person making
statement).
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known _____ OR Produced Identification _____
Type of Identification Produced _____
(b) For an acknowledgment in an individual capacity:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical
presence or ☐ online notarization, this day of _____ (year) by _____ (name of person
acknowledging).
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known _____ OR Produced Identification _____
Type of Identification Produced _____
(c) For an acknowledgment in a representative capacity:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical
presence or ☐ online notarization, this _____ day of _____ (year) by _____ (name of
person) as _____ (type of authority, e.g. officer, trustee, attorney in fact) for _____ (name
of party on behalf of whom instrument was executed)
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known _____ OR Produced Identification _____
Type of Identification Produced _____
(14) A notary public must make reasonable accommodations to provide notarial
services to persons with disabilities.
1. The document signing is witnessed by two disinterested persons;
2. The notary public prints the person’s first name at the beginning of the designated
signature line and the person’s last name at the end of the designated signature line; and
3. The notary public prints the words “his (or her) mark” below the person’s signature
mark.
(c) The following notarial certificates are sufficient for the purpose of notarizing for a
person who signs with a mark:
1. For an oath or affirmation: -12- Revised 6/25/2024
(First Name) (Last Name)
His (or Her) Mark
STATE OF FLORIDA
COUNTY OF
Sworn to and subscribed before me by means of ☐ physical presence or ☐ online
notarization, this day of _____ (year) by _____ (name of person making statement) who
signed with a mark in the presence of these witnesses: _____ _____
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known _____ OR Produced Identification _____
Type of Identification Produced _____
2. For an acknowledgment in an individual capacity:
(First Name) (Last Name)
His (or Her) Mark
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical
presence or ☐ online notarization, this _____ day of _____ (year) by _____ (name of
person acknowledging) who signed with a mark in the presence of these witnesses:
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known _____ OR Produced Identification _____
Type of Identification Produced _____
Type of Identification Produced _____
(d) A notary public may sign the name of a person whose signature is to be notarized
when that person is physically unable to sign or make a signature mark on a document if:
(e) The following notarial certificates are sufficient for the purpose of notarizing for a
person with a disability who directs the notary public to sign his or her name:
1. For an oath or affirmation:
STATE OF FLORIDA
COUNTY OF
Sworn to (or affirmed) before me by means of ☐ physical presence or ☐ online
notarization, this _____ day of _____ (year) by _____ (name of person making
statement) and subscribed by _____ (name of notary) at the direction of _____ (name of
person making statement) by _____ (written, verbal, or other means) and in the presence
of these witnesses:
(Signature of Notary Public – State of Florida) -13-
Revised 6/25/2024
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known _____ OR Produced Identification _____
Type of Identification Produced _____
2. For an acknowledgment in an individual capacity:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical
presence or ☐ online notarization, this _____ day of _____, _____ (year), by
_____(name of person acknowledging) and subscribed by _____ (name of notary) at the
direction of _____ (name of person acknowledging), and in the presence of these
witnesses:
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known _____ OR Produced Identification _____
Type of Identification Produced _____
117.06 Validity of acts prior to April 1, 1903.—Any and all notarial acts that were done by any notary public in the state prior to April 1, 1903, which would have been valid had not the term of office of the notary public expired, are declared to be valid.
117.10 Law enforcement and correctional officers; administration of oaths.—
(1) For purposes of this section, the term “reliable electronic means” means the
signing and transmission of a document through means compliant with criminal justice information system security measures. Such signing and transmission must be made by an affiant to an officer authorized to administer oaths under subsection (2) under circumstances that indicate that the document was submitted by the affiant.
(2) Law enforcement officers, correctional officers, and correctional probation
officers, as defined in s. 943.10, and traffic accident investigation officers and traffic
infraction enforcement officers, as described in s. 316.640, are authorized to administer oaths by reliable electronic means or in the physical presence of an affiant when engaged in the performance of official duties. Sections 117.01, 117.04, 117.045, 117.05, and 117.103 do not apply to this section. An officer may not notarize his or her own signature.
(3) An oath administered pursuant to this section is an acceptable method of
verification as provided under s. 92.525.
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.
117.105 False or fraudulent acknowledgments; penalty.—A notary public who falsely or fraudulently takes an acknowledgment of an instrument as a notary public or who falsely or fraudulently makes a certificate as a notary public or who falsely takes or -14- Revised 6/25/2024 receives an acknowledgment of the signature on a written instrument is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
117.107 Prohibited acts.—
(1) A notary public may not use a name or initial in signing certificates other than that by which the notary public is commissioned.
(2) A notary public may not sign notarial certificates using a facsimile signature
stamp unless the notary public has a physical disability that limits or prohibits his or her ability to make a written signature and unless the notary public has first submitted written notice to the Department of State with an exemplar of the facsimile signature stamp. This subsection does not apply to or prohibit the use of an electronic signature and seal by a notary public who is registered as an online notary public to perform an electronic or online notarization in accordance with this chapter.
(3) A notary public may not affix his or her signature to a blank form of affidavit or
certificate of acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or acknowledgment.
(4) A notary public may not take the acknowledgment of or administer an oath to a
person whom the notary public actually knows to have been adjudicated mentally
incapacitated by a court of competent jurisdiction, where the acknowledgment or oath necessitates the exercise of a right that has been removed pursuant to s. 744.3215(2) or (3), and where the person has not been restored to capacity as a matter of record.
(5) A notary public may not notarize a signature on a document if it appears that the
person is mentally incapable of understanding the nature and effect of the document at the time of notarization.
(6) A notary public may not take the acknowledgment of a person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand.
(7) A notary public may not change anything in a written instrument after it has been
signed by anyone.
(8) A notary public may not amend a notarial certificate after the notarization is
complete.
(9) A notary public may not notarize a signature on a document if the person whose
signature is being notarized does not appear before the notary public either by means of physical presence or by means of audio-video communication technology as authorized under part II of this chapter at the time the signature is notarized. Any notary public who violates this subsection is guilty of a civil infraction, punishable by penalty not exceeding $5,000, and such violation constitutes malfeasance and misfeasance in the conduct of official duties. It is no defense to the civil infraction specified in this subsection that the notary public acted without intent to defraud. A notary public who violates this subsection with the intent to defraud is guilty of violating s. 117.105.
(10) A notary public may not notarize a signature on a document if the document is
incomplete or blank. However, an endorsement or assignment in blank of a negotiable or nonnegotiable note and the assignment in blank of any instrument given as security for such note is not deemed incomplete.
(11) A notary public may not notarize a signature on a document if the person whose
signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public. -15- Revised 6/25/2024
(12) A notary public may not notarize a signature on a document if the notary public
has a financial interest in or is a party to the underlying transaction; however, a notary public who is an employee may notarize a signature for his or her employer, and this employment does not constitute a financial interest in the transaction nor make the notary a party to the transaction under this subsection as long as he or she does not receive a benefit other than his or her salary and the fee for services as a notary public authorized by law. For purposes of this subsection, a notary public who is an attorney does not have a financial interest in and is not a party to the underlying transaction evidenced by a notarized document if he or she notarizes a signature on that document for a client for whom he or she serves as an attorney of record and he or she has no interest in the document other than the fee paid to him or her for legal services and the fee authorized by law for services as a notary public.
117.108 Validity of acts, seals, and certificates prior to January 1, 1995.—A notarial act performed, a notarial certificate signed, or a notarial seal used by any notary public before January 1, 1995, which would have been valid under the laws in effect in this state on January 1, 1991, is valid.
PART II. ONLINE NOTARIZATIONS
117.201 Definitions.—As used in this part, the term:
(1) “Appear before,” “before,” or “in the presence of” means:
(2) “Audio-video communication technology” means technology in compliance with
applicable law which enables real-time, two-way communication using electronic means in which participants are able to see, hear, and communicate with one another.
(3) “Credential analysis” means a process or service, in compliance with applicable
law, in which a third party aids a notary public in affirming the validity of a government issued identification credential and data thereon through review of public or proprietary data sources.
(4) “Electronic,” “electronic record,” or “electronic signature” has the same meaning
as provided in s. 668.50.
(5) “Errors and omissions insurance” means a type of insurance that provides
coverage for potential errors or omissions in or relating to the notarial act and is
maintained, as applicable, by the online notary public or his or her employer, or a Remote Online Notarization service provider.
(6) “Government-issued identification credential” means any approved credential for
verifying identity under s. 117.05(5)(b)2. However, for an online notarization of a
principal not located within the United States, a passport issued by a foreign government not including the stamp of the United States Bureau of Citizenship and Immigration Services may be used as a government-issued identification credential to verify the principal’s identity.
(7) “Identity proofing” means a process or service in compliance with applicable law
in which a third party affirms the identity of an individual through use of public or
proprietary data sources, which may include by means of knowledge-based -16-
Revised 6/25/2024 authentication or biometric verification.
(8) “Knowledge-based authentication” means a form of identity proofing based on a
set of questions which pertain to an individual and are formulated from public or
proprietary data sources.
(9) “Online notarization” means the performance of a notarial act using electronic
means in which the principal or any witness appears before the notary public by means of audio-video communication technology.
(10) “Online notary public” means a notary public commissioned under part I of this
chapter, a civil-law notary appointed under chapter 118, or a commissioner of deeds
appointed under part IV of chapter 721, who has registered with the Department of State to perform online notarizations under this part.
(11) “Physical presence” means being in the same physical location as another person
and close enough to see, hear, communicate with, and exchange credentials with that
person.
(12) “Principal” means an individual whose electronic signature is acknowledged,
witnessed, or attested to in an online notarization or who takes an oath or affirmation administered by the online notary public.
(13) “Record” means information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in perceivable form, including public records as defined in s. 119.011.
(14) “Remote Online Notarization service provider” or “RON service provider”
means a person that provides audio-video communication technology and related
processes, services, software, data storage, or other services to online notaries public for the purpose of directly facilitating their performance of online notarizations, in
compliance with the requirements of this chapter and any rules adopted by the
Department of State pursuant to s. 117.295.
(15) “Remote presentation” means transmission of an image of a government-issued
identification credential that is of sufficient quality to enable the online notary public to identify the individual seeking the notary’s services and to perform credential analysis through audio-video communication technology.
117.209 Authority to perform online notarizations.—
(1) An online notary public may perform any of the functions authorized under part I
of this chapter as an online notarization by complying with the requirements of this part and any rules adopted by the Department of State pursuant to s. 117.295, excluding solemnizing the rites of matrimony.
(2) If a notarial act requires a principal to appear before or in the presence of the
online notary public, the principal may appear before the online notary public by means of audio-video communication technology that meets the requirements of this part and any rules adopted by the Department of State pursuant to s. 117.295.
(3) An online notary public physically located in this state may perform an online
notarization as authorized under this part, regardless of whether the principal or any
witnesses are physically located in this state at the time of the online notarization. A
commissioner of deeds registered as an online notary public may perform an online
notarization while physically located within or outside the state in accordance with the territorial limits of its jurisdiction and other limitations and requirements otherwise applicable to notarial acts by commissioners of deeds. -17- Revised 6/25/2024
(4) The validity of an online notarization performed by an online notary public
registered in this state shall be determined by applicable laws of this state regardless of the physical location of the principal or any witnesses at the time of the notarial act.
117.215 Relation to other laws.—
(1) If a provision of law requires a notary public or other authorized official of this
state to notarize a signature or a statement, to take an acknowledgment of an instrument, or to administer an oath or affirmation so that a document may be sworn, affirmed, made under oath, or subject to penalty of perjury, an online notarization performed in accordance with the provisions of this part and any rules adopted hereunder satisfies such requirement.
(2) If a provision of law requires a signature or an act to be witnessed, compliance
with the online electronic witnessing standards prescribed in s. 117.285 and any rules
adopted thereunder satisfies that requirement.
117.225 Registration; qualifications.—A notary public, a civil-law notary appointed under chapter 118, or a commissioner of deeds appointed under part IV of chapter 721 may complete registration as an online notary public with the Department of State by:
(1) Holding a current commission as a notary public under part I of this chapter, an
appointment as a civil-law notary under chapter 118, or an appointment as a
commissioner of deeds under part IV of chapter 721, and submitting his or her
commission or appointment number.
(2) Certifying that the notary public, civil-law notary, or commissioner of deeds
registering as an online notary public has completed a classroom or online course
covering the duties, obligations, and technology requirements for serving as an online notary public.
(3) Paying a notary public registration fee as required by s. 113.01.
(4) Submitting a registration as an online notary public to the Department of State,
signed and sworn to by the registrant.
(5) Identifying the RON service provider or providers whose audio-video
communication technology and processes for credential analysis and identity-proofing technologies the registrant intends to use for online notarizations.
(6) Providing evidence satisfactory to the Department of State that the registrant has
obtained a bond in the amount of $25,000, payable to any individual harmed as a result of a breach of duty by the registrant acting in his or her official capacity as an online notary public, conditioned for the due discharge of the office, and on such terms as are specified in rule by the Department of State as reasonably necessary to protect the public. The bond shall be approved and filed with the Department of State and executed by a surety company duly authorized to transact business in this state. Compliance by an online notary public with this requirement shall satisfy the requirement of obtaining a bond under s. 117.01(7).
(7) Providing evidence satisfactory to the Department of State that the registrant
acting in his or her capacity as an online notary public is covered by an errors and
omissions insurance policy from an insurer authorized to transact business in this state, in the minimum amount of $25,000 and on such terms as are specified by rule by the Department of State as reasonably necessary to protect the public. -18-
Revised 6/25/2024
117.231 Remote administration of certain oaths.—
(1) When taking the oath of an individual who is testifying at any court proceeding,
deposition, arbitration, or public hearing and who is outside of the physical presence of the notary public, the notary public may fulfill the requirements of s. 117.05 using audio video communication technology.
(2) When taking an oath of admission to The Florida Bar from an individual who is
outside of the physical presence of the notary public, the notary public may fulfill the
requirements of s. 117.05 using audio-video communication technology.
(3) If an individual is located outside of this state at the time the notary public is to
take the individual’s oath under this section, consent from the individual must be
obtained to take his or her oath using audio-video communication technology pursuant to this section.
(4) When taking an oath under this section, the notary public is not required to be an
online notary public or to use a RON service provider.
117.235 Performance of notarial acts.—
(1) An online notary public is subject to part I of this chapter to the same extent as a
notary public appointed and commissioned only under that part, including the provisions of s. 117.021 relating to electronic notarizations.
(2) An online notary public may perform notarial acts as provided by part I of this
chapter in addition to performing online notarizations as authorized and pursuant to the provisions of this part.
117.245 Electronic journal of online notarizations.—
(1) An online notary public shall keep one or more secure electronic journals of
online notarizations performed by the online notary public. For each online notarization, the electronic journal entry must contain all of the following:
(2) The RON service provider shall retain an uninterrupted and unedited copy of the
recording of the audio-video communication in which an online notarization is
performed. The online notary public shall ensure that the recording includes all of the following:
(3) The online notary public shall take reasonable steps to:
(4) The electronic journal required under subsection (1) and the recordings of audio
video communications required under subsection (2) shall be maintained for at least 10 years after the date of the notarial act. However, a full copy of the recording of the audio video communication required under subsection (2) relating to an online notarization session that involves the signing of an electronic will must be maintained by a qualified custodian in accordance with chapters 731 and 732. The Department of State maintains jurisdiction over the electronic journal and audio-video communication recordings to investigate notarial misconduct for a period of 10 years after the date of the notarial act. The online notary public, a guardian of an incapacitated online notary public, or the personal representative of a deceased online notary public may, by contract with a secure repository in accordance with any rules established under this chapter, delegate to the repository the online notary public’s duty to retain the electronic journal, provided that the Department of State is notified of such delegation of retention duties to the repository within 30 days thereafter, including the effective date of the delegation and the address and contact information for the repository. If an online notary public delegates to a secure
repository under this section, the online notary public shall make an entry in his or her electronic journal identifying such repository and provide notice to the Department of State as required in this subsection. A RON service provider may, by contract with a secure repository in accordance with any rules established under this chapter, delegate to the repository the RON service provider’s duty to retain the required recordings of audio video communications, provided that the Department of State is notified of such delegation of retention duties to the repository within 30 days thereafter, including the effective date of the delegation and the address and contact information for the repository. During any delegation under this subsection, the secure repository shall fulfill the responsibilities of the online notary public or RON service provider to provide copies or access under s. 117.255(2) and (3).
(5) An omitted or incomplete entry in the electronic journal does not impair the
validity of the notarial act or of the electronic record which was notarized, but may be
introduced as evidence to establish violations of this chapter; as evidence of possible
fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, or unconscionability; or for other evidentiary purposes. However, if the recording of the audio-video communication required under subsection (2) relating to the online notarization of the execution of an electronic will cannot be produced by the RON service provider, the online notary public, or the qualified custodian, the electronic will shall be -20- Revised 6/25/2024 treated as a lost or destroyed will subject to s. 733.207.
117.255 Use of electronic journal, signature, and seal.—
(1) An online notary public shall:
(a) Take reasonable steps to ensure that any registered device used to create an
electronic seal is current and has not been revoked or terminated by the issuing or
registering authority of the device.
(b) Keep the electronic journal and electronic seal secure and under his or her sole
control, which includes access protection using passwords or codes under control of the online notary public. The online notary public may not allow another person to use the online notary public’s electronic journal, electronic signature, or electronic seal, other than a RON service provider or other authorized person providing services to an online notary public to facilitate performance of online notarizations.
(c) Attach or logically associate the electronic signature and seal to the electronic
notarial certificate of an electronic record in a manner that is capable of independent
verification using tamper-evident technology that renders any subsequent change or
modification to the electronic record evident.
(d) Notify an appropriate law enforcement agency and the Department of State of any unauthorized use of or compromise to the security of the electronic journal, official electronic signature, or electronic seal within 7 days after discovery of such unauthorized use or compromise to security.
(2) An online notary public shall provide electronic copies of pertinent entries in the
electronic journal, and a RON service provider shall provide access to the related audio video communication recordings, or a copy thereof, to the following persons upon request:
(3) The online notary public may charge a fee not to exceed $20 per transaction
record for making and delivering electronic copies of a given series of related electronic records, and a RON service provider may charge a fee not to exceed $20 for providing access to, or a copy of, the related audio-video communication records, except such copies or access must be provided without charge if requested by any of the following within the 10-year period specified in s. 117.245(4):
117.265 Online notarization procedures.—
(1) An online notary public physically located in this state may perform an online
notarization that meets the requirements of this part regardless of whether the principal or any witnesses are physically located in this state at the time of the online notarization. A commissioner of deeds registered as an online notary public may perform an online notarization while physically located within or outside of this state in accordance with the territorial limits of its jurisdiction and other limitations and requirements otherwise applicable to notarial acts by commissioners of deeds. An online notarization performed in accordance with this chapter is deemed to have been performed within this state and is governed by the applicable laws of this state.
(2) In performing an online notarization, an online notary public shall confirm the
identity of a principal and any witness appearing online, at the time that the signature is taken, by using audio-video communication technology and processes that meet the requirements of this part and of any rules adopted hereunder and record the two-way audio-video conference session between the notary public and the principal and any witnesses. A principal may not act in the capacity of a witness for his or her own signature in an online notarization.
(3) In performing an online notarization of a principal not located within this state, an online notary public must confirm, either verbally or through the principal’s written consent, that the principal desires for the notarial act to be performed by a Florida notary public and under the general law of this state.
(5)
(6) The online notary public or his or her RON service provider shall take reasonable
steps to ensure that the audio-video communication technology used in an online
notarization is secure from unauthorized interception.
(7) The electronic notarial certificate for an online notarization must include a
notation that the notarization is an online notarization which may be satisfied by placing the term “online notary” in or adjacent to the online notary public’s seal.
(8) Except where otherwise expressly provided in this part, the provisions of part I of
this chapter apply to an online notarization and an online notary public.
(9) Any failure to comply with the online notarization procedures set forth in this
section does not impair the validity of the notarial act or the electronic record that was notarized, but may be introduced as evidence to establish violations of this chapter or as an indication of possible fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, or unconscionability, or for other evidentiary purposes. This subsection may not be construed to alter the duty of an online notary public to comply with this chapter and any rules adopted hereunder.
117.275 Fees for online notarization.—An online notary public or the employer of such online notary public may charge a fee, not to exceed $25, for performing an online notarial act under this part. Fees for services other than notarial acts, including the services of a RON service provider, are not governed by this section. A RON service provider’s services are also not considered closing services, as defined in s. 627.7711, and a fee for those services may be separately charged.
117.285 Supervising the witnessing of electronic records.—Supervising the witnessing of an electronic record by an online notary public in accordance with this section is a notarial act. An online notary public may supervise the witnessing of electronic records by complying with the online notarization procedures of this part and using the same audio-video communication technology used for online notarization by a principal, as follows:
(1) The witness may be in the physical presence of the principal or remote from the
principal provided the witness and principal are using audio-video communication
technology.
(2) If the witness is remote from the principal and viewing and communicating with
the principal by means of audio-video communication technology, the principal’s and witness’s identities must be verified in accordance with the procedures for identifying a principal as set forth in s. 117.265(4). If the witness is in the physical presence of the principal, the witness must confirm his or her identity by stating his or her name and current address on the audio-video recording as part of the act of witnessing.
(3) The act of witnessing an electronic signature means the witness is either in the
physical presence of the principal or present through audio-video communication -23- Revised 6/25/2024 technology at the time the principal affixes the electronic signature and the witness hears the principal make a statement to the effect that the principal has signed the electronic record.
(4) A witness remote from the principal and appearing through audio-video
communication technology must verbally confirm that he or she is a resident of and
physically located within the United States or a territory of the United States at the time of witnessing.
(5) Notwithstanding subsections (2) and (3), if an electronic record to be signed is a
will under chapter 732; a revocable trust with testamentary aspects as described in s.
736.0403(2)(b); a health care advance directive; an agreement concerning succession or a waiver of spousal rights under s. 732.701 or s. 732.702, respectively; or a power of attorney authorizing any of the transactions enumerated in s. 709.2208, all of the following apply when fewer than two witnesses are in the physical presence of the principal:
(a) Prior to facilitating witnessing of an instrument by means of audio-video
communication technology, a RON service provider shall require the principal to answer the following questions in substantially the following form:
(b) If any question required under paragraph (a) is answered in the affirmative, the principal’s signature on the instrument may only be validly witnessed by witnesses in the physical presence of the principal at the time of signing.
(c) Subsequent to submission of the answers required under paragraph (a), the RON service provider shall give the principal written notice in substantially the following form:
NOTICE: If you are a vulnerable adult as defined in s. 415.102, Florida Statutes, the
documents you are about to sign are not valid if witnessed by means of audio-video
communication technology. If you suspect you may be a vulnerable adult, you should
have witnesses physically present with you before signing.
(d) The act of witnessing an electronic signature through the witness’s presence by
audio-video communication technology is valid only if, during the audio-video
communication, the principal provides verbal answers to all of the following questions, each of which must be asked by the online notary public in substantially the following form:
(e) An online notary public shall consider the responses to the questions specified in paragraph (d) in carrying out of the duties of a notary public as set forth in s. 117.107(5).
(f) A principal’s responses to the questions in paragraphs (a) and (d) may be offered -24- Revised 6/25/2024 as evidence regarding the validity of the instrument, but an incorrect answer may not serve as the sole basis to invalidate an instrument.
(g) The presence of a witness with the principal at the time of signing by means of audio-video communication technology is not effective for witnessing the signature of a principal who is a vulnerable adult as defined in s. 415.102. The contestant of an electronic record has the burden of proving that the principal was a vulnerable adult at the time of executing the electronic record.
(h) Nothing in this subsection shall:
(i) The electronic record containing an instrument signed by witnesses who were
present with the principal by means of audio-video communication technology shall
contain a perceptible indication of their presence by such means.
(j) This subsection does not affect the application of s. 709.2119.
(k) The requirements of this subsection do not apply if there are at least two witnesses in the physical presence of the principal at the time of the notarial act.
(6) Pursuant to subpoena, court order, an authorized law enforcement inquiry, or
other lawful request, a RON service provider or online notary public shall provide:
(a) The last known address of each witness who witnessed the signing of an electronic record using audio-video communication technology under this section.
(b) A principal’s responses to the questions in paragraph (5)(a) or paragraph (5)(d), as applicable.
(c) An uninterrupted and unedited copy of the recording of the audio-video
communication in which an online notarization is performed.
(7) Except as set forth in s. 709.2202, an act of witnessing performed pursuant to this
section satisfies any requirement that the witness must be a subscribing or attesting
witness or must be in the presence of the principal at the time of signing.
(8) The law of this state governs the validity of witnessing supervised by an online
notary public pursuant to this section, regardless of the physical location of the witness at
the time of witnessing. State and federal courts in this state have subject matter
jurisdiction over any dispute arising out of an act of witnessing pursuant to this section,
and may issue subpoenas for records or to require the appearance of witnesses in relation
thereto in accordance with applicable law.
117.295 Standards for electronic and online notarization; rulemaking authority.—
(1) For purposes of this part, the Department of State may adopt rules necessary to
implement the requirements of this chapter and to set standards for online notarization which include, but are not limited to:
(2) The Department of State shall:
(3) Until such time as the Department of State adopts rules setting standards that are
equally or more protective, the following minimum standards shall apply to any online notarization performed by an online notary public of this state or his or her RON service
provider:
1. The principal must be presented with five or more questions with a minimum of
five possible answer choices per question.
2. Each question must be drawn from a third-party provider of public and proprietary data sources and be identifiable to the principal’s social security number or other identification information, or the principal’s identity and historical events records.
3. Responses to all questions must be made within a 2-minute time constraint.
4. The principal must answer a minimum of 80 percent of the questions correctly.
5. The principal may be offered one additional attempt in the event of a failed
attempt.
6. During the second attempt, the principal may not be presented with more than three questions from the prior attempt.
(c) Use of audio-video communication technology in completing online notarizations
that must meet the following requirements:
(4)
(5) In addition to any coverage it elects to provide for individual online notaries
public, maintenance of errors and omissions insurance coverage by a RON service
provider in a total amount of at least $250,000 in the annual aggregate with respect to potential errors or omissions in or relating to the technology or processes provided by the RON service provider. An online notary public is not responsible for the security of the systems used by the principal or others to access the online notarization session.
(6) A 2-hour in-person or online course addressing the duties, obligations, and
technology requirements for serving as an online notary public offered by the Florida
Land Title Association; the Real Property, Probate and Trust Law Section of the Florida Bar; the Florida Legal Education Association, Inc.; the Department of State; or a vendor approved by the Department of State shall satisfy the education requirements of s. 117.225(2). Each such provider shall make the in-person or online course generally available to all applicants. Regardless of membership in the provider’s organization, the provider shall charge each attendee the same cost for the course unless the course is provided in conjunction with a regularly scheduled meeting of the provider’s membership.
(7) The rulemaking required under this section is exempt from s. 120.541(3).
(8) A RON service provider may not use, sell, or offer to sell or transfer to another
person for use or sale any personal information obtained under this part which identifies a principal, a witness, or a person named in a record presented for online notarization, except:
117.305 Relation to federal law.—This part supersedes the Electronic Signatures in Global and National Commerce Act as authorized under 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize the electronic delivery of the notices described in 15 U.S.C. s. 7003(b).
CHAPTER 118. INTERNATIONAL NOTARIES
118.10 Civil-law notary.—
(1) As used in this section, the term:
(2) The Secretary of State shall have the power to appoint civil-law notaries and
administer this section.
(3) A civil-law notary is authorized to issue authentic acts and thereby may
authenticate or certify any document, transaction, event, condition, or occurrence. The contents of an authentic act and matters incorporated therein shall be presumed correct. A civil-law notary may also administer an oath and make a certificate thereof when it is necessary for execution of any writing or document to be attested, protested, or published under the seal of a notary public. A civil-law notary may also take acknowledgments of deeds and other instruments of writing for record, and solemnize the rites of matrimony, as fully as other officers of this state. A civil-law notary is not authorized to issue authentic acts for use in a jurisdiction if the United States Department of State has determined that the jurisdiction does not have diplomatic relations with the United States or is a terrorist country, or if trade with the jurisdiction is prohibited under the Trading With the Enemy Act of 1917, as amended, 50 U.S.C. ss. 1, et seq.
(4) The authentic acts, oaths and acknowledgments, and solemnizations of a civil-law
notary shall be recorded in the civil-law notary’s protocol in a manner prescribed by the Secretary of State.
(5) The Secretary of State may adopt rules prescribing:
(6) The Secretary of State shall not regulate, discipline, or attempt to discipline any
civil-law notary for, or with regard to, any action or conduct that would constitute the practice of law in this state, except by agreement with The Florida Bar. The Secretary of State shall not establish as a prerequisite to the appointment of a civil-law notary any test containing any question that inquires of the applicant’s knowledge regarding the practice of law in the United States, unless such test is offered in conjunction with an educational program approved by The Florida Bar for continuing legal education credit.
(7) The powers of civil-law notaries include, but are not limited to, all of the powers
of a notary public under any law of this state.
(8) This section shall not be construed as abrogating the provisions of any other act
relating to notaries public, attorneys, or the practice of law in this state.
118.12 Certification of civil-law notary’s authority; apostilles.—
If certification of a civil-law notary’s authority is necessary for a particular document or transaction, it must be obtained from the Secretary of State. Upon the receipt of a written request from a civil-law notary and the fee prescribed by the Secretary of State, the Secretary of State shall issue a certification of the civil-law notary’s authority, in a form prescribed by the Secretary of State, which shall include a statement explaining the legal qualifications and authority of a civil-law notary in this state. The fee prescribed for the issuance of the certification under this section or an apostille under s. 15.16 may not exceed $10 per document. The Department of State may adopt rules to implement this section.
TITLE XXIII. MOTOR VEHICLES
CHAPTER 319. TITLE CERTIFICATES
319.23 Application for, and issuance of, certificate of title.—
(3) If a certificate of title has not previously been issued for a motor vehicle or mobile
home in this state, the application, unless otherwise provided for in this chapter, shall be accompanied by a proper bill of sale or sworn statement of ownership, or a duly certified copy thereof, or by a certificate of title, bill of sale, or other evidence of ownership required by the law of the state or county from which the motor vehicle or mobile home was brought into this state. The application shall also be accompanied by:
2. An appropriate departmental form evidencing that a physical examination has been made of the motor vehicle by the owner and by a duly constituted law enforcement officer in any state, a licensed motor vehicle dealer, a license inspector as provided by s. 320.58, or a notary public commissioned by this state and that the vehicle identification number shown on such form is identical to the vehicle identification number shown on the motor vehicle; and
(c) If the vehicle is an ancient or antique vehicle, as defined in s. 320.086, the
application shall be accompanied by a certificate of title; a bill of sale and a registration; or a bill of sale and an affidavit by the owner defending the title from all claims. The bill of sale must contain a complete vehicle description to include the vehicle identification or engine number, year make, color, selling price, and signatures of the seller and purchaser. Verification of the vehicle identification number is not required for any new motor vehicle; any mobile home; any trailer or semitrailer with a net weight of less than 2,000 pounds; or any travel trailer, camping trailer, truck camper, or fifth-wheel recreation trailer.
CHAPTER 320
MOTOR VEHICLE LICENSES 320.04 Registration service charge.—
****
(2) No tax collector, deputy tax collector, or employee of the state or any county shall
charge, collect, or receive any fee or compensation for services performed as notary
public in connection with or incidental to the issuance of license plates or titles. The
provisions of this subsection and of s. 116.38(2) prohibiting the charging, collecting, or receiving of notary public fees do not apply to any privately owned license plate agency appointed by the county manager of a charter county which has an appointed tax collector.
TITLE XXX. SOCIAL WELFARE
CHAPTER 425. RURAL ELECTRIC COOPERATIVES
425.26 Trustees, officers or members, notaries.—No person who is authorized to take acknowledgments under the laws of this state shall be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which it is a party, by reason of being an officer, director or member of such cooperative.
TITLE XXXII. REGULATION OF PROFESSIONS AND OCCUPATIONS
CHAPTER 454. ATTORNEYS AT LAW
454.23 Penalties.—Any person not licensed or otherwise authorized to practice law in this state who practices law in this state or holds himself or herself out to the public as qualified to practice law in this state, or who willfully pretends to be, or willfully takes or uses any name, title, addition, or description implying that he or she is qualified, or -30- Revised 6/25/2024 recognized by law as qualified, to practice law in this state, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
TITLE IIIVIII. BANKS AND BANKING
CHAPTER 655. FINANCIAL INSTITUTIONS GENERALLY
655.94 Special remedies for nonpayment of rent.—
(1) If the rental due on a safe-deposit box has not been paid for 3 months, the lessor
may send a notice by certified mail to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the box may be opened in the presence of an officer of the lessor and of a notary public. The contents shall be sealed in a package by a notary public who shall write on the outside the name of the lessee and the date of the opening. The notary public shall execute a certificate reciting the name of the lessee, the date of the opening of the box, and a list of its contents. The certificate shall be included in the package, and a copy of the certificate shall be sent by certified mail to the last known address of the lessee. The package shall then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the box. The lessor has a lien on the package and its contents to the extent of any rental due and owing plus the actual, reasonable costs of removing the contents from the safe-deposit box.
TITLE XXXIX. COMMERCIAL RELATIONS
CHAPTER 668. ELECTRONIC COMMERCE
PART II. UNIFORM ELECTRONIC TRANSACTIONS ACT
668.50 Uniform Electronic Transaction Act. —
(11) NOTARIZATION AND ACKNOWLEDGMENT.—
(a) If a law requires a signature or 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, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. Neither a rubber stamp nor an impression type seal is required for an electronic notarization.
(b) A first-time applicant for a notary commission must submit proof that the
applicant has, within 1 year prior to the application, completed at least 3 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.
TITLE XL. REAL AND PERSONAL PROPERTY
CHAPTER 689. CONVEYANCES OF LAND AND DECLARATIONS OF TRUST
689.01 How real estate conveyed.—
(1) No estate or interest of freehold, or for a term of more than 1 year, or any
uncertain interest of, in or out of any messuages, lands, tenements or hereditaments shall -31- Revised 6/25/2024 be created, made, granted, transferred or released in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year, or by the party’s lawfully authorized agent, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to, or out of any messuages, lands, tenements or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party’s lawfully authorized agent, or by the act and operation of law. No seal shall be necessary to give validity to any
instrument executed in conformity with this section. Corporations may execute any and all conveyances in accordance with the provisions of this section or ss. 692.01 and 692.02.
(2) For purposes of this chapter:
(3) All acts of witnessing made or taken in the manner described in subsection (2) are validated and, upon recording, may not be denied to have provided constructive notice based on any alleged failure to have strictly complied with this section or the laws governing notarization of instruments, including online notarization. This subsection does not preclude a challenge to the validity or enforceability of an instrument or electronic record based upon fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or any other basis not related to the act of witnessing.
CHAPTER 695. RECORD OF CONVEYANCES OF REAL ESTATE
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 in one of the following forms:
(1) WITHIN THIS STATE.-An acknowledgment or proof may be taken,
administered, or made within this state by or 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.
(2) OUTSIDE THIS STATE BUT WITHIN THE UNITED STATES.-An
acknowledgment or a proof taken, administered, or made outside of this state but within the United States may be taken, administered, or made by or before a civil-law notary of -32- Revised 6/25/2024 this state or a commissioner of deeds appointed by the Secretary of State; by or before a judge or clerk of any court of the United States or of any state, territory, or district; by or before a United States commissioner or magistrate; or by or before any 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 taken, administered, or 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).”
(3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN COUNTRIES.
An acknowledgment, an affidavit, an oath, a legalization, an authentication, or a proof taken, administered, or made outside of the United States or in a foreign country may be taken, administered, or made by or before a commissioner of deeds appointed by the Secretary of State to act in such country; by or 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; by or 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 by or before a military or naval officer authorized by 10 U.S.C. s. 1044a 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.
(4) COMPLIANCE AND VALIDATION.—The affixing of the official seal or the
electronic equivalent thereof under s. 117.021 or other applicable law, including part II of chapter 117, conclusively establishes that the acknowledgment or proof was taken, administered, or made in full compliance with the laws of this state or, as applicable, the laws of the other state, or of the foreign country governing notarial acts. All affidavits, oaths, acknowledgments, legalizations, authentications, or proofs taken, administered, or made in any manner as set forth in subsections (1), (2), and (3) are validated and upon recording may not be denied to have provided constructive notice based on any alleged failure to have strictly complied with this section, as currently or previously in effect, or the laws governing notarization of instruments. This subsection does not preclude a challenge to the validity or enforceability of an instrument or electronic record based upon fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or any other basis not related to the notarial act or constructive notice provided by recording.
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 -33- Revised 6/25/2024 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.
(2) The instrument shall not be rendered invalid by the failure to state therein the
place of execution or acknowledgment. No authentication of the officer’s certificate of acknowledgment or otherwise shall be required, and no seal shall be necessary, but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form:
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.)
(Rank of commissioned officer and command or branch of service to which officer is
attached.)
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 an individual acting in his or her own right:
STATE OF _____
COUNTY OF _____
The foregoing instrument was acknowledged before me by means of [ ] physical
presence or [ ] online notarization, 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: -34- Revised 6/25/2024
STATE OF _____
COUNTY OF _____
The foregoing instrument was acknowledged before me by means of [ ] physical
presence or [ ] online notarization, 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 limited liability company:
STATE OF _____
COUNTY OF _____
The foregoing instrument was acknowledged before me by means of [ ] physical
presence or [ ] online notarization, this _____ (date) by _____ (name of member,
manager, officer or agent, title of member, manager, officer or agent), of _____ (name of company acknowledging), a _____ (state or place of formation) limited liability company, on behalf of the company, who is personally known to me or has produced _____ (type of identification) as identification.
(Signature of person taking acknowledgment)
(Name typed, printed or stamped)
(4) For a partnership:
STATE OF _____
COUNTY OF _____
The foregoing instrument was acknowledged before me by means of [ ] physical
presence or [ ] online notarization, 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)
(5) For an individual acting as principal by an attorney in fact:
STATE OF _____
COUNTY OF _____
The foregoing instrument was acknowledged before me by means of [ ] physical
presence or [ ] online notarization, 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)
(6) By any public officer, trustee, or personal representative:
STATE OF _____ -35-
Revised 6/25/2024
COUNTY OF _____
The foregoing instrument was acknowledged before me by means of [ ] physical
presence or [ ] online notarization, 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)
695.26 Requirements for recording instruments affecting real property.—
(1) No instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of shall be recorded by the clerk of the circuit court unless:
***
CHAPTER 695 UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT 695.27 Uniform Real Property Electronic Recording Act.—
(3) VALIDITY OF ELECTRONIC DOCUMENTS.—
TITLE XLII. ESTATES AND TRUSTS
CHAPTER 732. PROBATE CODE: INTESTATE SUCCESSION AND WILLS -36- Revised 6/25/2024 732.503 Self-proof of will.—
(1) A will or codicil executed in conformity with s. 732.502 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, 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 _____
I, ______, declare to the officer taking my acknowledgment of this instrument, and to
the subscribing witnesses, that I signed this instrument as my will.
(Testator)
We, ______ and ______, have been sworn by the officer signing below, and declare
to that officer on our oaths that the testator declared the instrument to be the testator’s
will and signed it in our presence and that we each signed the instrument as a witness in
the presence of the testator and of each other.
(Signature of Testator)
(Signature of Witness)
(Signature of Witness)
Acknowledged and subscribed before me by means of ☐ physical presence or ☐
online notarization by the testator, (type or print testator’s name), ☐ who is personally known to me or ☐ has produced (state type of identification–see s. 117.05(5)(b)2.) as identification, and sworn to and subscribed before me by each of the following witnesses: (type or print name of first witness) who ☐ is personally known to me or ☐ has produced (state type of identification–see s. 117.05(5)(b)2.) as identification, by means of ☐ physical presence or ☐ online notarization; and (type or print name of second witness) who ☐ is personally known to me or ☐ has produced (state type of identification–see s. 117.05(5)(b)2.) as identification, by means of ☐ physical presence or ☐ online notarization. Subscribed by me in the presence of the testator and the subscribing witnesses, by the means specified herein, all on (date).
(Signature of Officer)
(Print, type, or stamp commissioned name of Notary Public)
(2) A will or codicil made self-proved under former law, or executed in another state
and made self-proved under the laws of that state, shall be considered as self-proved
under this section.
TITLE XLIII. DOMESTIC RELATIONS
CHAPTER 741. MARRIAGE; DOMESTIC VIOLENCE
741.07 Persons authorized to solemnize matrimony.—
(1) All regularly ordained ministers of the gospel or elders in communion with some
church, or other ordained clergy, and all judicial officers, including retired judicial
officers, clerks of the circuit courts, and notaries public of this state may solemnize the rights of matrimonial contract, under the regulations prescribed by law. Nothing in this section shall make invalid a marriage which was solemnized by any member of the clergy, or as otherwise provided by law prior to July 1, 1978.
(2) Any marriage which may be had and solemnized among the people called -37-
Revised 6/25/2024 “Quakers,” or “Friends,” in the manner and form used or practiced in their societies, according to their rites and ceremonies, shall be good and valid in law; and wherever the words “minister” and “elder” are used in this chapter, they shall be held to include all of the persons connected with the Society of Friends, or Quakers, who perform or have charge of the marriage ceremony according to their rites and ceremonies.
741.08 Marriage not to be solemnized without a license.—Before any of the persons named in s. 741.07 shall solemnize any marriage, he or she shall require of the parties a marriage license issued according to the requirements of s. 741.01, and within 10 days after solemnizing the marriage he or she shall make a certificate thereof on the license, and shall transmit the same to the office of the county court judge or clerk of the circuit
court from which it issued.
741.10 Proof of marriage where no certificate available.—When any marriage is or has been solemnized by any of the persons named in s. 741.07, and such person has not made a certificate thereof on the marriage license as required by s. 741.08, or when the marriage license has been lost, or when by reason of death or other cause the proper certificate cannot be obtained, the marriage may be proved by affidavit before any officer authorized to administer oaths made by two competent witnesses who were present and saw the marriage ceremony performed, which affidavit may be filed and recorded in the office of the county court judge or clerk of the circuit court from which the marriage license issued, with the same force and effect as in cases in which the proper certificate has been made, returned and recorded.
TITLE XLVI. CRIMES
CHAPTER 775. DEFINITIONS; GENERAL PENALTIES;
REGISTRATION OF CRIMINALS
775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.—
(3) A person who has been convicted of any other designated felony may be punished
as follows:
(4) A person who has been convicted of a designated misdemeanor may be sentenced
as follows:
775.083 Fines.—
(1) A person who has been convicted of an offense other than a capital felony may be
sentenced to pay a fine in addition to any punishment described in s. 775.082; when
specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed: -38- Revised 6/25/2024
(2) In addition to the fines set forth in subsection (1), court costs shall be assessed and collected in each instance a defendant pleads nolo contendere to, or is convicted of, or adjudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance if the violation constitutes a misdemeanor under state law. The court costs imposed by this section shall be $50 for a felony and $20 for any other offense and shall be deposited by the clerk of the court into an appropriate county account for disbursement for the purposes provided in this subsection. A county shall account for the funds separately from other county funds as crime prevention funds. The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under ss. 163.501-163.523.
(3) The purpose of this section is to provide uniform penalty authorization for
criminal offenses and, to this end, a reference to this section constitutes a general
reference under the doctrine of incorporation by reference.
CHAPTER 839. OFFENSES BY PUBLIC OFFICERS AND EMPLOYEES
839.11 Extortion by officers of the state.—Any officer of this state who willfully
charges, receives, or collects any greater fees or services than the officer is entitled to
charge, receive, or collect by law is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
838.022 Official misconduct.—
(1) It is unlawful for a public servant, with corrupt intent to obtain a benefit for any
person or to cause harm to another, to:
(2) For the purposes of this section:
(3) Any person who violates this section commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
FLORIDIA ADMINISTRATIVE CODE
CHAPTER 1. DEPARTMENT OF STATE
CHAPTER 1N. DIVISION OF CORPORATIONS
CHAPTER 1N-5. ELECTRONIC NOTARIZATION
1N-5.001 Definitions.
(1) “Capable of independent verification” means any interested person may
reasonably determine the notary’s identity, the notary’s relevant authority and that the electronic signature is the act of the particular notary identified by the signature.
(2) “Electronic document” means information that is created, generated, sent,
communicated, received, or stored by electronic means.
(3) “Electronic notarization” and “electronic notarial act” means an official act
authorized under Section 117.021(1), F.S., using electronic documents and electronic
signatures.
(4) “Electronic Notary System” means a set of applications, programs, hardware,
software, or technology designed to enable a notary to perform electronic notarizations.
(5) “Electronic signature” means an electronic sound, symbol, or process attached to
or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document or record.
(6) “Attached to or logically associated with” means the notary’s electronic signature
is securely bound to the electronic document in such a manner as to make it impracticable to falsify or alter, without detection, either the signature or the document.
(7) “Unique to the notary public” means the notary’s electronic signature is
attributable solely to the notary public to the exclusion of all other persons.
(8) “Retained under the notary public’s sole control” means accessible by and
attributable solely to the notary to the exclusion of all other persons and entities, either through being in the direct physical custody of the notary or through being secured with one or more biometric, password, token, or other authentication technologies in an electronic notarization system that meets the performance requirements of Sections 117.021(2) and (3), F.S.
(9) “Public key certificate” means a computer-based record that:
Rulemaking Authority 117.021(5) FS. Law Implemented 117.021 FS. History–New 1-26 10. 1N-5.002 Notary’s Electronic Signature.
(1) In performing an electronic notarial act, a notary shall execute an electronic
signature in a manner that attributes such signature to the notary public identified on the official commission.
(2) A notary shall take reasonable steps to ensure the security, reliability and -40-
Revised 6/25/2024 uniformity of electronic notarizations, including, but not limited to, the use of an authentication procedure such as a password, token, card or biometric to protect access to the notary’s electronic signature or the means for affixing the signature.
(3) The notary’s electronic signature and seal information may be affixed by means of a public key certificate.
(4) The notary’s electronic signature and seal information may be affixed by means of an electronic notary system.
(5) Any public key certificate or electronic notary system that is used to affix the
Notary’s electronic signature and seal information shall be issued at the third or higher
level of assurance as defined by the U. S. National Institute of Standards and Technology
(NIST) Special Publication 800-63(NIST800-63), Electronic Authentication Guideline
Version 1.0.2., available at NIST’s website www.csrc.nist.gov which is incorporated by
reference at: https://www.flrules.org/Gateway/reference.asp?No=Ref-07017 and may be
accessed at the following URL:
http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-63-2.pdf.
Rulemaking Authority 117.021(5) FS. Law Implemented 117.021 FS. History–New 1-26
10, Amended 6-27-16.
CHAPTER 1N-6 FLORIDA CIVIL-LAW NOTARY
1N-6.001 Florida Civil-law Notary.
(1) Application:
(a) Florida Civil-law Notaries appointed pursuant to this rule may continue to use the title “Florida International Notary” wherever that title is used or required to be used under this rule. Persons wishing to be appointed by the Secretary of State as Florida Civil-law Notaries may request an application by writing to the following address and requesting Form Number DS-DE-38, titled “Application for Appointment as a Florida Civil-law Notary,” Effective October 8, 1998, which form is hereby incorporated by reference. All other forms discussed in this rule may be obtained by writing the same address:
Department of State
Office of the Secretary
PL-02
The Capitol
Tallahassee, Florida 32399-0250
(b) The application to become a Florida Civil-law Notary must be complete and on
the above form prescribed by the Department of State. The application must be
accompanied by:
(2) Educational programs:
4. The similarities and differences between practicing as a Florida Civil-law Notary
and the traditional practice of law in the State of Florida;
5. The purposes of and uses of authentic acts, and the rules regulating the execution
of authentic acts, administration of oaths, and taking of acknowledgments by Florida
Civil-law Notaries;
6. Solemnization of marriage by a Florida Civil-law Notary;
7. Florida laws relevant to practice as a Florida Civil-law Notary;
8. Rules regulating The Florida Bar including the Rules of Discipline and the Rules of
Professional Conduct;
9. The potential malpractice liability of Florida Civil-law Notary.
(3) Examination:
(4) Appointment, Revocation, Voluntary Resignation:
(5) Form and content of signatures and seals; registration of signatures and seals:
(a) A Florida Civil-law Notary’s original hand written signature and seal shall be registered with the Department of State. No Florida Civil-law Notary shall take any official action or execute any document as a civil-law notary until his seal has properly registered.
(b) Except for those documents executed by digital signature as provided under
subparagraph (6)(b)2. this rule, the Florida Civil-law Notary’s original handwritten
signature and an original rubber stamp or embossed impression of the civil-law notary’s seal shall be affixed by the civil-law notary to all documents executed by the civil-law notary while acting in as a Florida Civil-law Notary under Chapter 118, F.S.. The civil law notary shall not allow any other person to sign or seal a document using the civil-law notary’s official signature or seal.
(c) The civil-law notary’s seal may be an embossing seal or a rubber stamp and may
be circular or square in shape and shall not be more than two inches nor less than one -43- Revised 6/25/2024 inch in diameter if circular, or more than two inches on each side nor less than one inch on each side if square.
(d) A registered signature and seal may be changed by applying to the Department of State at the address listed above for Form Number DS-DE-41, Effective October 8, 1998, which form is hereby incorporated herein by reference. An application to change a signature or seal shall be considered an amendment to the notary’s application and shall be accompanied by a processing fee of $25.00.
(6)
(a) Form and content of authentic acts:(b) Each authentic act shall contain:
1. The handwritten signature and original seal of the Florida Civil-law Notary.
2. The signature and seal may be incorporated into public key certificate which
complies with the requirements of Rule 1-10.001, F.A.C. When serving as part of an authentication instrument, the public key certificate of a Florida Civil-law Notary must clearly show the Florida Civil-law Notary’s signature and seal are registered with the Department of State.
3. The typewritten full name of the Florida Civil-law Notary in the form in which the notary’s application for appointment was originally submitted to the Department of State and the words “Florida Civil-law Notary” typewritten in the English language.
4. The current business address and telephone number of the Florida Civil-law Notary typewritten in the English language.
5. A statement typewritten in the English language that “Under the laws of the State of Florida, Section 118.10, F.S., this authentic act is legally equivalent to the authentic acts of civil-law notaries in all jurisdictions outside the geographic borders of the United States and is issued on the authority of the Florida Secretary of State.”
6. The date on which the authentic act was signed and sealed by the Florida Civil-law Notary and the signatures of the parties to the transaction.
7. All words or statements required to appear in the English language may also appear in any other language.
8. An authentic act may also contain such other information or material as may be required to satisfy any legal requirements, or to satisfy ethical or legal concerns, or the business needs of the parties to the transaction or of the Florida Civil-law Notary including statements attesting to the signatures on accompanying documents if executed in the Florida Civil-law Notary’s presence, and any witnessing signatures; a statement confirming the legality of the transaction and the contents of any documents and any limitations thereon; any facts contained in the documents or relied on by any interested party and any limitations thereon.
(7) Procedures for the administration of oaths; taking of acknowledgments and
solemnizations of marriage:
(a) A Florida Civil-law Notary may administer an oath and make a certificate thereof when it is necessary for the execution of any writing or document to be attested, protested, or published under seal of a notary public. In administering the oath, the Florida Civil-law Notary must require the signer to voluntarily swear or affirm that the statements contained in the documents are true.
(b) A Florida Civil-law Notary may administer an acknowledgment of deeds and other instruments of writing for record. Such acknowledgment does not require that an oath be taken, but the signer must acknowledge that the execution of the document is his or her voluntary act. The Florida Civil-law Notary may not take an acknowledgment of execution in lieu of an oath if an oath is required. -44- Revised 6/25/2024
(c) A Florida Civil-law Notary may not administer an oath to a person or take his or her acknowledgment unless he or she personally knows, as defined in Section 117.05(5)(a), F.S., or has satisfactory evidence, as defined in Section 117.05(5)(b), F.S., that the person whose oath is to be administered or whose acknowledgment is to be taken, is the individual who is described in and who is executing the authentic act or other instrument. A Florida Civil-law Notary may not administer an oath to a person or take his or her acknowledgment unless the person whose oath is being administered or whose acknowledgment is to be taken is in the presence of the Florida Civil-law Notary at the time the oath is being administered or the acknowledgment is being taken.
(d) An oath or acknowledgment taken or administered by a Florida Civil-law Notary shall be signed in the presence of the notary, and where otherwise required by law witnessed in the presence of the Florida Civil-law Notary, and shall be executed with the civil-law notary’s handwritten signature and original seal.
(e) A Florida Civil-law Notary may use any of the forms prescribed in Chapter 117, F.S., for administering oaths or taking acknowledgments but shall not be required to do so, and an oath or acknowledgment may be, but is not required to be, incorporated into any document executed by a civil-law notary as an authentic act. This section does relieve the civil-law notary of the obligation to secure the signatures of other witnesses
where otherwise required by law.
(8) The Florida Civil-law Notary’s Protocol:
(a) A Florida Civil-law Notary’s protocol shall be maintained in a secure, fireproof location at the Florida Civil-law Notary’s principal place of business;
(b) The protocol shall contain an original copy or photocopy of each of the Florida Civil-law Notary’s authentic acts in date sequence, and an original photocopy of any supporting or related documents, which shall be permanently archived in the protocol. The protocol shall also contain, in date sequence, a photocopy or original copy of any document containing, incorporating or depending upon, an acknowledgment, oath or solemnization executed by the civil-law notary, which shall include a copy of any certificate made by the civil-law notary.
(c) The protocol shall contain or be accompanied by an index to its contents in date order. In addition to the date on which act, oath, acknowledgment, or solemnization was executed, each entry in the index shall identify the party or parties who paid the notary’s fee.
(d) The protocol shall be available for inspection by the Department of State during reasonable business hours and copies of any documents contained in the protocol shall be furnished to the Department upon request. The contents of the protocol shall otherwise be considered confidential and shall be made available only to persons who have a legal interest in a particular transaction.
(e) A Florida Civil-law Notary who takes custody of the protocol of another Florida Civil-law Notary’s protocol because of suspension or incapacitation shall maintain the protocol until the suspension period expires or the incapacitation is relieved. When a Florida Civil-law Notary takes custody of another Florida Civil-law Notary’s protocol because of revocation or death the custodial Florida Civil-law Notary shall permanently maintain the protocol in accordance with this rule.
(9) Discipline; suspension and revocation:
(a) A Florida Civil-law Notary shall be disciplined for violation of this rule. All
complaints to the Department of State concerning the conduct or acts of a Florida Civil law Notary will also be referred to The Florida Bar for a determination by the Bar as to -45- Revised 6/25/2024 whether the complaint alleges a violation of the rules of The Florida Bar governing the conduct and discipline of lawyers.
(b) All complaints to the Department of State concerning the conduct or acts of a Florida Civil-law Notary which on their face appear to establish facts which if proven true would constitute an act of misrepresentation or fraud in the creation or execution of an authentication instrument will be investigated by the Department of State to determine whether cause exists to suspend the Florida Civil-law Notary’s appointment or reprimand the Florida Civil-law Notary.
(c) After investigation and upon a determination by the Department that one or more acts of misrepresentation, fraud or violation of this rule has been committed by a Florida Civil-law Notary, the Department of State shall, after considering the extent of the fraud or misrepresentation including the number of persons involved and the effect on those persons; the number of acts of misrepresentation or fraud; any financial loss or other injury that may have resulted; and the degree of culpability of the Florida Civil-law Notary:
(d) Any order under this rule which requires payment of restitution or results in the suspension or revocation of the appointment of a Florida Civil-law Notary shall be accompanied by a notice of final agency action as required by Chapter 120, F.S., and the Florida Civil-law Notary shall be entitled to a hearing in accordance with the requirements of Sections 120.57 and 120.569, F.S.
(e) A former Florida Civil-law Notary whose appointment has been finally revoked shall not be eligible to apply for a new appointment as a Florida Civil-law Notary for a period of at least five years.
(f) A Florida Civil-law Notary may voluntarily resign from an appointment by
notifying the Department of State in writing at the above address of the intention to do so. Any voluntary resignation from an appointment as a Florida Civil-law Notary shall be permanent and the resigned Florida Civil-law Notary may only resume service as a Florida Civil-law Notary after successfully completing a new application and examination process. Rulemaking Authority 118.10(5) FS. Law Implemented 118.10 FS. History — New 6 15-98, Amended 10-8-98, Formerly 1C-18.001.
CHAPTER 1N-7. REMOTE ONLINE NOTARIZATION
1N-7.001 Remote Online Notarization
(1) Words and terms defined in Section 117.201, F.S., shall have the same meaning in
this chapter. For the purpose of this chapter the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
(a) “Registrant” means any person registering applying as for an online public notary pursuant to Section 117.225, F.S.
(b) “Attached to or logically associated with” means the notary’s electronic signature is securely bound to the electronic document in such a manner as to make it impracticable -46- Revised 6/25/2024 to falsify or alter, without detection, either the signature or the document.
(c) “Department” means the Florida Department of State.
(d) “Electronic document” means information that is created, generated, sent,
communicated, received, or stored by electronic means.
(e) “Electronic notarization” and “electronic notarial act” means an official act
authorized under Section 117.021(1), F.S., using electronic documents and electronic signatures.
(f) “Electronic Notary System” means a set of applications, programs, hardware, software, or technology designed to enable a notary to perform electronic notarizations.
(g) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document or record.
(h) “Unique to the notary public” means the notary’s electronic signature is
attributable solely to the notary public to the exclusion of all other persons.
(i) “Retained under the online notary public’s sole control” means accessible by and attributable solely to the notary to the exclusion of all other persons and entities, either through being in the direct physical custody of the notary or through being secured with one or more biometric, password, token, or other authentication technologies in an electronic notarization system that meets the performance requirements of Sections 117.021(2) and (3), F.S.
(j) “Tamper-evident technology” means technology that allows a person inspecting a record to determine whether there has been any tampering with the integrity of a certificate of electronic notarial act logically associated with a record or with the attachment or association of the notarial act with that electronic document.
(2) A registrant shall submit form DOC 1N
7(http://www.flrules.org/Gateway/reference.asp?No=Ref-11541), effective 01/2020
herein incorporated by reference.
(3) The registrant shall:
(a) Submit a payment registration fee of $10 by check payable to the Florida
Department of State; and
(b) Submit the application by:
1. U.S. mail to P.O. Box 6327, Tallahassee, FL 32314;
2. In person delivery; or
3. Courier service.
4. In person delivery and courier service will go to:
2415 North Monroe St., Suite 810,
Tallahassee 32303.
(4) A registration is effective upon filing by the Florida Department State and expires
on the date of expiration, termination, or resignation of the registrant’s:
(a) Notary Public commission issued under Section 117.01, F.S.;
(b) Appointment as a civil-law Notary pursuant to Section 118.10, F.S., and Chapter
1N-5, F.A.C.; or
(c) Appointment as a commissioner of deeds pursuant to Section 721.97, F.S.
(5) All qualifications and registration requirements applicable for an applicant’s
registration shall apply to a renewal registration.
(6) The online notary public’s electronic journal, electronic signature, and electronic
seal shall be retained under the online notary public’s sole control. The online notary
public may not allow another person to use the online notary public’s electronic journal, -47- Revised 6/25/2024 electronic signature, or electronic seal.
(7) An online notary public shall attach the online notary public’s electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident.
(8) Online notaries public shall utilize remote online notary service providers to
facilitate their performance of online notarization.
(9) The remote online service provider utilized by the online notaries public shall
comply with the standards and requirements pursuant to Section 117.295, F.S., and utilize tamper-evident technologies. Rulemaking Authority 117.295 FS. Law Implemented 117.225, 117.295 FS. History New 2-16-20. 1N-7.005 Online Notary Public and RON Service Provider Required Information.
(1) Online notary public.
(a) Within 30 day of the effective date of this rule, a currently registered online notary public shall provide the Florida Department of State the name of the online notary public’s RON service providers, the effective dates during which the online notary public used each RON service provider, and, if applicable, the name of any secured repositories to which the online notary public may have delegated his or her duties pursuant to Section 117.245(4), F.S., from January 1, 2022, and thereafter.
(b) An individual registering as an online notary public, shall provide this information at the time of his or her registration.
(c) The online notary public shall submit this information on Form Number DS-DOC 50, titled “Online Notary Public: Required Information,” Effective 02/2022, which form is hereby incorporated by reference and is available on the Department of State’s website at https://dos.myflorida.com/sunbiz/other-services/notaries/notary-forms/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-14032.
(d) An online notary public that changes, adds, or removes a RON service provider or
secured repository from the online notary public’s use shall submit to the Department
within 30 days of the change an amended Form DS-DOC-50 identifying the online notary
public’s updated RON service providers and, if applicable, secured repositories.
(2) RON service provider.
(a) Within 30 day of the effective date of this rule, and annually thereafter, a RON service provider shall provide the Florida Department of State, a self-certification form confirming that its audio-video communication technology and related processes, services software, data storage, or other services provided to online notaries public for the performance of online notarization satisfy the requirements of Chapter 117, F.S., and any rules promulgated by the Florida Department of State pursuant to Section 117.295, F.S.
(b) The RON service provider’s self-certification is effective for a period of 1 year after the date the RON service provider files it with the Department.
(c) If Applicable, the RON service provider shall, at the same time it files its self-certification, identify any secure repositories to which the RON service provider may have delegated its duties pursuant to Section 117.245(4), F.S., from January 1, 2022 and thereafter.
(d) The RON service provider shall submit this information on Form Number DS DOC-51, titled “RON Service Provider: Self-Certification and Required Information,” -48- Revised 6/25/2024 Effective 02/2022, which form is hereby incorporated by reference and is available on the Department of State’s website at https://dos.myflorida.com/sunbiz/other services/notaries/notary-forms/ or
http://www.flrules.org/Gateway/reference.asp?No=Ref-14033.
(e) A RON service provider that, pursuant to Section 117.245(4), F.S., delegates its duties to a secured repository after it has already filed its annual certification shall submit to the Department an amended Form DS-DOC-51 within 30 days after making such delegation.
(f) An entity that seeks to begin providing RON service provider functions after the effective date of this rule shall submit the information required by this section prior to providing RON service provider functions. Rulemaking Authority 117.295 FS. Law Implemented 117.245, 117.295 FS. History
New 2-22-22. -49-
Revised 6/25/2024
What is a Notary Public
A Notary Public is an official appointed by a state government to serve the public as an impartial witness during notarizations. As ministerial officials, they are expected to follow statutory rules without the exercise of significant personal discretion.
Notaries Public certify the proper execution of many life-changing documents of private citizens — whether those transactions convey real estate, grant powers of attorney, establish a prenuptial agreement, or perform the multitude of other activities that enable our civil society to function.
Notaries perform notarizations, or notarial acts, to deter fraud and establish that the signer understands the document they’re signing and that they’re a willing participant in the transaction.
There are two primary responsibilities of Notaries: 1) Validate the signer’s identity and 2) Confirm the signer’s willingness and awareness to sign the document or complete the transaction.
Generally, a Notary will ask for a current form of identification that has a photo, physical description and signature. Acceptable IDs usually include a driver’s license or passport.
Notaries will confirm both the signer’s willingness to sign the document and their awareness of its implications. On occasion, Notaries encounter individuals who are being forced to sign a document or whose health condition impairs their decision-making abilities. This is why Notaries are essential to preserving the public trust, as they ensure the integrity of documents while protecting the rights of all parties involved.
Some notarizations require the Notary to put the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct.
Every Notary begins with a traditional commission, but they can branch out to provide specialized services. Below are the different types of Notary jobs you may want to consider:
| Notary Job Type | Document Format | Location |
| Traditional Notaries | Paper | In Person |
| Mobile Notaries | Paper | In Person |
| Remote Online Notaries | Electronic | Virtual |
| Notary Signing Agents | Paper, Electronic | In Person |
Verifications * Certifications
Florida law requires that, when applying for a Florida title for the first time on a used motor vehicle, the owner must sign a sworn statement that the vehicle identification number (VIN) and the odometer reading on the vehicle are correct.
Additionally, a physical inspection of the vehicle must be done by an authorized person to certify the VIN. Notaries public are included in the list of persons authorized to certify this information. § 319.23(3)(a)(2), Fla. Stat.
A form prepared by the Department of Highway Safety and Motor Vehicles, HSMV 82042 (Rev. 5/95)S, is used for this purpose. Part A requires the owner’s sworn statement regarding the correct VIN and odometer reading. A jurat,
or notarial certificate, is provided in this section. The notary should make sure that the information in Part A is complete prior to the notarization.
Part B requires the notary public, or other authorized person, to certify that he or she has physically inspected the vehicle and found the VIN to be identical to the
number recorded on the form. The notary public must include the date, sign the
document, print his or her name, and affix his or her notary seal.
This VIN verification form is also found on the Application for Certificate of Title With/Without Registration, HSMV 82040 (Rev. 5/96)S. These forms and all other forms related to vehicle registration are available from the tag office of the Tax Collector’s Office in each county.
WHO IS AUTHORIZED TO COMPLETE THIS FORM?
WHEN SHOULD THIS FORM BE COMPLETED?
WHEN SHOULD THIS FORM NOT BE COMPLETED?
WHEN CERTIFICATE OF TITLE IS BEING APPLIED FOR ON ONE OF THE FOLLOWING:
Oath & Acknowledgements
An acknowledgment is typically performed on documents controlling or conveying ownership of valuable assets. Such documents include real property deeds, powers of attorney and trusts. For an acknowledgment, the signer must appear in person at the time of notarization to be positively identified and to declare (“acknowledge”) that the signature on the document is his or her own, that it was willingly made and that the provisions in the document are intended to take effect exactly as written.
A jurat is typically performed on evidentiary documents that are critical to the operation of our civil and criminal justice system. Such documents include affidavits, depositions and interrogatories. For a jurat, the signer must appear in person at the time of notarization to sign the document and to speak aloud an oath or affirmation promising that the statements in the document are true. (An oath is a solemn pledge to a Supreme Being; an affirmation is an equally solemn pledge on one’s personal honor.) A person who takes an oath or affirmation in connection with an official proceeding may be prosecuted for perjury should he or she fail to be truthful.
A copy certification is performed to confirm that a reproduction of an original document is true, exact and complete. Such originals might include college degrees, passports and other important one-and-only personal papers which cannot be copy-certified by a public record office such as a bureau of vital statistics and which the holder must submit for some purpose but does not want to part with for fear of loss. This type of notarization is not an authorized notarial act in every state, and in the jurisdictions where it is authorized, may be executed only with certain kinds of the original document.
The NNA is reporting the enactment of House Bill 761 because it repeals a notarization requirement instead of adding one in certain cases of domestic violence. Repealing sworn oath and affirmation requirements is a trend today. While the NNA certainly understands the difficulty some petitioners may have in finding a Notary and incurring the expense of a notarial act, we cannot help but believe that having a Notary involved in such a serious public safety matter is the better choice for the petitioner and the alleged perpetrator of domestic violence. Having to go before a Notary to swear to the truthfulness of the petition is, in the NNA’s view, necessary “friction” that confronts and compels the petitioner to be truthful and protects the rights of all involved.
From the summary staff analysis prepared for the bill’s hearing before the House Health & Human Services Committee: “Adult day health care is a program established by the VA with the goal of allowing veterans to have a place during the day for social activities, peer support, companionship, and recreation. The program is intended for veterans who need help with activities of daily living, who are isolated, or whose caregiver is experiencing burden. State law recognizes adult day care centers. However, facilities that operate under the federal government or any agency thereof are exempt from current state law pertaining to adult day care centers and regulation by the Agency for Health Care Administration.”
Under current Florida law, deeds conveying title to or an interest in real property must, in addition to the notarization of the grantor(s) signature(s), be witnessed by two witnesses (FS 695.01). Few states have such a rule, but Florida Notary Signing Agents and Notary Signing Agents of other states who handle Florida deeds are familiar with this requirement. House Bill 1419 now requires the post office address of each witness to be legibly printed, typewritten, or stamped on the deed. Notary Signing Agents therefore should be aware of this new requirement.
The Florida Department of State has adopted a new permanent rule related to the notification requirements for both Online Notaries Public and remote online notarization service providers. The purpose of the rule as stated in the Notice of Proposed Rule (October 13, 2021) is to gather the information necessary to implement the Legislature’s directive to publish on the Department’s website a list containing each Online Notary Public, the remote online notarization service providers from January 1, 2022, and thereafter, the effective dates during which the Online Notary used each service provider and any secure repositories to which each Online Notary may have delegated his or her duties.
During the past five years, over 30 states have enacted remote notarization laws for the first time. To our knowledge, Florida is the first state to amend its remote notarization laws following enactment. House Bill 121, which takes effect January 1, 2022, makes several significant changes. First, it no longer allows a Notary to delegate the responsibility of maintaining audio-visual recordings of online notarizations, but now puts that responsibility on the remote online notarization system providers. Once delegated, the repository then must assume all the responsibilities of providing access to and copies of these recordings.
Under current Florida law, deeds conveying title to or an interest in real property must, in addition to the notarization of the grantor(s) signature(s), be witnessed by two witnesses (FS 695.01). Few states have such a rule, but Florida Notary Signing Agents and Notary Signing Agents of other states who handle Florida deeds are familiar with this requirement. House Bill 1419 now requires the post office address of each witness to be legibly printed, typewritten, or stamped on the deed. Notary Signing Agents therefore should be aware of this new requirement.