FLORIDA CIUL-LAW NOTARY

CHAPTER IN.6

FLORIDA

CIUL-LAW NOTARY

1N-6.001

Florida

Civil-law Notarv

1N-6.001

Florida

Civil-law

Notarv.

(1)

Application:

(a)

Florida

Civii-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 writrng

to

the following

address and requesting

Form Nunrber

DS-DE-38,

titled

"Application

for Appointment

as a Florida

Civil-law Notary,"

Effective

October 8, 1998,

which form

is hereby

incorpor-ated

by

reference.

All other forms

discussed in this

rule

may be obtained

by writins

the same address:

Deparlment

of State

Office

of the Secretary

PL-02

The Capitol

Tallahassee,

Florida

32399

-0250

(b)

The

application

to

become a Fiorida

Civil-law

Notary must be complete

and

on the above

form prescribed

by the

Depaftment

of

State. The application

must be accornpanied

by:

1.

A certificate

of

good

standing fi'om the

Supreme

Court of

Florida

issued within

90 days of the

date of

application shor.ving

that

the

applicant

is cun'ently

a member of the Florida

Bar

and

has

been a member

of

The Florida

Bar

for

at

least

five

years.

2. An

application

processing

fee

in

the amount of hfty

dollars.

(2)

Educational

programs:

(a)

Persons

or entities who wish

to subnrit

a

proposed

civil-iaw notary cun'iculum

or

course of study to

the Department

of State

for

consideration

as to its

acceptability

by

the Department

of State may

do

so. Any

such curriculum

or

course

of study submitted for

the Department

of State

's

approval should incorporate

all

of the

following

elements:

1. The

nature

and

characteristics

of

notarial practice

in

civil-law

jurisdictions

including

a review

of

the historical

development

of

civil-law

notalial

practice;

2.

A comparison

ofnotarial functions

and

the nature and

characteristics

ofnotarial

practice

under Chapter

1 17, Florida

Statutes.

and civil-law

notarial functions

and

practices

under Chapter

118, Florida Statutes, including

a review ofthe

historical

development

of

conrmon law

notarial

practice;

3. The nafure

and

characteristics of the Florida

Civil-law notary,

including

a comparison

of notalial practice

in

civil-law

countries

and

practice

as

a

non-lawyer

notary

public

under

Chapter 1 17, Florida Statutes;

4. The

simrlarities

and differences

between

practicing

as a Florida Civil-law Notary and

the

tladitional

practice

of law in the

State

ofFlorida;

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 Fiorida

Civil-law

Notaries;

6. Solemnization

of

marriage

by a Fiorida

Civtl-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

olProfessional

Conduct;

9. The

potential

malpractice

liability of Florida

Civil-iaw

Notary.

(b)

The

Department

of State shall maintain

a list of

the currently approved Florida

Civil-law Notary

education

programs

and

shall make

the

list available

upon request. Each

education

program

shall

be subject

to annual renewal.

(c)

Persons who

have had

a

curriculum

or

coulse

of study approved by the Department

may

also administer

the Department's

civil-law

notary test

under the

Department's

supervision, but

may

not

charge a fee in excess

of

$200

to any

person

fol administer-ing

a

test

to that

person.

All test materials

are conhdential properfy

of the

Department

of

State and any

person

who compromises

the

confidentiality

of

the test materials

or allows another

to do

so shall

not

in

the fufure be authorized

by the Department

to serve as a

test administl'ator.

(3)

Examination:

(a)

A Florida

Civil-law Notary

application

shall be

valid

for a

period

of one

year

from

the date on which

the application was

received

by the Department of

State during

which

time the applicant must complete the Florida Civil-law Notary

examrnation. If the

applicant

completes the examination,

with a

satisfactory

score of 70%, within the one

year period prescribed

above, the applicant

remains

eligible for appointment

as a

Florida

Civil-law Notary

even though the appointment itself may

occur more than

one

year

after the

date on

which the application was

received.

r'h\ Aftcr

'.-,i..',i-g

the

application for completeness

and accuracy of

information,

determining that

all necessary

documents

accompany

the application, and that

the

applicant meets

the

requirements

of this rule and

Section 118.10, Florrda

Statutes, the

Department

of State will

provide

the applicant with

a certificate of eligibility to take

the

Florida

Civil-law

Notary

examination

and a

iist of

examination

dates and corresponding

examination

locations.

(c)

The

appiicant

who has been certified

as eligible must notify

the Department of State

at

least

two weeks

in advance of any

scheduled

examtnation

that the applicant

intends

to

take

a scheduled examination. If notice

is not received,

or if the notice is

untimely,

the applicant will not

be admitted

to the

examinarion.

(d)

Upon

appearing at the

examination location, and

prior

to

entering the examination facility,

the applicant

must

present

to the

examination

authorities

the certificate

of eligibility issued

to the applicant by tl.re Department

of State, a

governmentally

issued

identification

card which

bears the applicant's

picture,

and

pay

the

examination fee.

(4)

Appointment,

Revocation, Voluntary

Resignation:

(a)

Upon

completion

of each examination

session and

after the examinations are scored, the testing

authority

shall

plon-rptly

forward

the

examination results to the Department

of State. The Department of

State shall then notity the

applicants of their'

respective

test

scores

and shall appoint those persons rvith

satisfactory

scores

of 7}ok as

Florida

Civil-larv Notaries.

(b)

Upon accepting

appointment as a Florida

Civil-law Notary, the applicant shal1 file within

90 days aftel appointment

with the

Department

of State Form Number DS-DE-42,

titled

"Appointment

of

Protocol

Custodian and Seal Filing," Effective

October 8,

1998, which

form is hereby

incorporated herein

by

r-eference.

The applicant shall identify

a

Florida

Civil-law

Notary in

good

standing with

the

Department

of State

and

The

Florida Bar

who

has

agreed

to take custody of the applicant's

protocol

in

the event

that

the applicant's appointment

is

ever suspended

or

revoked,

or if the applicant dies or becomes incapacitated.

If for

any

reason

a

Florida

Civil-law Notary

chooses to change

secondary

custodial notaries, the Florida

Civil-law Notary shall

promptly

notify the

Department

of State in writing and shall make

the appropriate

change

in

the

civil-law notary's

annual report.

(c)

Unless suspended

or

revoked

in accordance u,ith

this

rule,

an appointment as a Florida Civil-law Notary

shall continue in

force

for so long

as the applicant is a member in

good

standing of The Florida Bar, subject to the requirement

that the applicant must

file an annual

report with the Florida Deparlment

of State

at

the address

noted

above on Form Number DS-DE-39,

titled

"Florida

Civil-law Notary

Annual Report," effective

October 8,

1998, rvhich

form is hereby incorporated

by

reference.

The

amual

report

shall

include

the

civil-law notary's

current

business address

and

telephone number and

the

identity

and signature

ofanother Florida

Civil-law

Notary who has

agreed

to take custody of

the civil-law notary's

protocol

upon the suspension, revocation,

incapacitation

or death

of the civil-law

notary. A

processing

fee

payable

to

the

Department of State in

the amount of

fifty

dollars

sha1l acconrpany

the annual report. Failure

to file an annual report i.vith

the

Florida Department of

State shall

result in

revocation

of the civil-law

notary's

appointment.

(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 shali 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 r-rntil his

seal has

properly

registered.

(b)

Except for those

docurnents

executed by digital

signature as

provided

under subparagraph

(6)(b)2.

this rule,

the Flolida

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 docun.rents

executed

by the civil-law

notary rvhile

acting

in as

a

Florida

Ctvil-law

Notary

under Chapter 1

18, Florida

Statutes.

The

civil-law notary shall not a1low any

other

person

to sign or

seal a docun.rent 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 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 rnay

be changed

by applying to the Depar-tment

of State at the address listed

above for

Form

Number

DS-DE-41,

Effective

October 8, 1998, which form

is heleby 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

t-ee of

$25.00.

(6)(a)

Form

and

content

ofauthentic 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 whrch

conrplies

with the

requirements

of

Rule

1-

10

001,

F.A.C. When

serving

as

part

of an authentication

instrurnent,

the

public

key

certificate

of a Florida

Civil-lar.v

Notary must

clearly

show

the

Florida

Civil-law Notary's

signature

and

seal

are registered

with the Department

of

State.

1

-1L'

t'

^'"-';++-- full

name

of the Florida

Civil-law

Notary in

the form in

which

the notary's

application

for

apporntment was

originally

submitted

to

the Department

of

State and

the

words

"Florida

Civrl-law Notary"

typewritten

in

the English

language.

4.

The

current business

address

and telephone

nunrber

of the

Florida

Civil-law

Notary

typewritten

in the

English

language.

5 Actqrcrrerlrh'hawrittenintheEnglishlanguagethat"UnderthelawsoftheStateofFlorida,Sectionlls.l0,FloridaStatutes,

this

authentic

act is legally

equivalent

to the authentic

acts

of civil-law

notaries in

all

jurisdictions

outside

the

geographic

bor-ders of

the

United States

and is

issued on

the

authority

of

the Florida

Secretary of State."

6.

The

date on which

the

authentic act u'as

signed and

seaied 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

1egal

requirements,

or

to

satisfy

ethical or legal

concems,

or the

business

needs

of the

parties

to the lransaction

or of

the Florida

Civil-laq'Notary

including

statements

aftesting

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 linritations

thereon;

any facts

contained

in the

documents

or

reiied

on

by any interested

party

and any limitations

thereon.

(7)

Procedures

for the

adminish'ation

of

oaths;

taking

of

acknowledgments

and

solemnizations

of maniage:

(a)

A Florida

Civil-law Notaly

may

adninister

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

Flor-ida

Civil-law

Notary

must require

the signer

to

voluntarily

s\\'ear

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 lecold.

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 Fiorida

Civil-iaw

Notary may

r.rot

take an acknowledgment

of

execution in lieu

of

an oath if an

oath

is

required.

(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),

Florida

Statutes, or has

satisfactory

evidence,

as defined

in

Section

117.05(5Xb),

Florida

Statutes, 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 instmment.

A Florida

Civil-lar.l,

Notary

may

not

administer

an oath

to a

person

or take his

or her acklowledgment

unless the

person

whose

oath

is

being

administeled

or whose

acknowledgment

is to

be taken

is in

the

presence

of the Flolida

Civil-law Notary at

the

time the oath

is being

adn-rinistered

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 rvith

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 777

,

Fiorida

Statutes, 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 signatr-rres

of other witnesses

where

otherwise required

by law.

(8)

The Florida

Civil-law

Notary's

Protocol:

(a)

A Florida

Civil-law Notary's protocol

sha1l be maintained

in a

secure, fireproof location

at the

Flonda

Civil-law

Notary's

principal

place

of business

;

(b)

The

protocol

sha1l 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 lelated

documents, which

shail be

permanently

archived

in the

protocol.

The

protocol

shall also

contain,

in

date sequencel

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 ar.ry

documents

contained in

the

protocol

shall

be

furnished

to

the Department

upon

request. The

contents

of the plotocol

shall othern,ise

be

considered

confidential

and shall

be made

available

only

to

persons

who have

a legal interest

in

a

particular

tralsactiol.

(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 incapacitatiol

is lelieved.

Whel

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

pennanently

maintain

the

protocol

in

accordance with

this rule.

(9)

Discipline;

suspension

and revocation:

(a)

A Florida

Civil-law Notary

shall

be

disciphned

for violation

of this

rule. All

complaints

to the Departr-lent

of

State

conceming

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

whether

the complaint

alleges

a violation

of the rules

of The Florida

Bar

governing

the conduct and

disciplile

of lawyers.

(b)

A11 complaints

to

the Department

of State

concerning

the conduct

or

acts of a Florida

Crvil-law

Notary

wl.rich

or.r

their.

face

appear

to establish

facts which

if

proven

hue

would

coitstitute

an act

of misrepresentation

or fi'aud

in

the

creation

or execution

of an

authentication

inshrrment

will

be investigated

by

the Department

of State

to determine whether

cause exists

to suspend

the Flor.ida

Civil-law

Notary's

appointment

or reprimand

the Florida

Civil-law

Notary.

(c)

After

investigation

and upon

a detenrrination

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

shali, after

colsidering

the

extent

of

the fraud

or misrepresentation

including

the number

of

persons

involved

and the effect

on

those persons;

the number

of

acts of

mlsrepresentation

or fraud;

any financial

loss

or other injury

that

may have resulted;

and

the

degree

of cuipability

of the Florida

Civii-law

Notary:

1. Issue

a letter

of

warning

to

the Florida

Civil-law Notary

including

the Department's

findings;

2.

Order

compliance

with this

rule;

3. Order

resritution;

4. Order

suspension

of the

appointment of

the Florida

Civil-law Notary;

5. Order

revocation

of

the

appointment

of

the Florida

Civil-law

Notary.

(d)

Any

order under

this rule which requires payment

of

restitution

or lesults in

the suspension

or revocation

of

the appointment

of a Florida

Civil-law

Notary

shall

be

acconrpanied

by a notice

of hnal

agency action as required

by

Chapter 120,

Florida

Statutes,

and the Florida

Civil-law

Notary

shall be

entitled to a hearing

in

accordance with

the

requirements

of Sections

120.51

and 120.569,

Florida

Statutes.

(e)

A former

Florida

Civil-law Notary

whose

appointment

has

been finally revoked

shall

not

be eligible

to appiy for

a new

appointment

as a Florida

Civil-law

Notary fol

a

period

of

at

least

five

year-s.

(f)

A

Florida

Civil-law Notary

may voiuntarily

resign

fi'om an appointment

by notifying

the Department

of

State in writing at

the

above

address

of the intention

to do

so. Any voluntary

resignation

flon

an appointment

as a Florida

Civil-law

Notary

shal1 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.

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