Florida Statute 116.34 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 116
POWERS AND DUTIES OF OFFICERS

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F.S. 116.34

116.34 Facsimile signatures.—

(1) SHORT TITLE.—This act may be cited as the “Uniform Facsimile Signature of Public Officials Act.”

(2) DEFINITIONS.—As used in this section:

(a) “Authorized officer” means any official of this state or any of its departments, agencies, public bodies, or other instrumentalities or any of its political subdivisions whose signature to a public security, instrument of conveyance or instrument of payment is required or permitted.

(b) “Facsimile signature” means a reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer.

(d) “Instrument of payment” means a check, draft, warrant, or order for the payment, delivery, or transfer of funds.

(e) “Public security” means a bond, note, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any of its departments, agencies, public bodies, or other instrumentalities or by any of its political subdivisions.

(3) USE OF FACSIMILE SIGNATURE.—Any authorized officer, after filing with the Department of State his or her manual signature certified by him or her under oath, may execute or cause to be executed with a facsimile signature in lieu of a manual signature:

(a) Any public security or instrument of conveyance, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed.

(b) Any instrument of payment.

(c) Any official order, proclamation or resolution; provided, however, that this shall not apply to the signing of legislative bills or veto messages.

Upon compliance with this act by the authorized officer, a facsimile signature has the same legal effect as a manual signature.

(4) METHOD OF USE OF FACSIMILE SEAL.—When the seal of this state or any of its departments, agencies, public bodies, or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.

(5) VIOLATION AND PENALTY.—Any person who knowingly, without authorization or with intent to defraud, uses on any of the documents referred to in subsection (3), a facsimile signature, or any reproduction of it, of any authorized officer, or any facsimile seal, or any reproduction of it, of this state or any of its departments, agencies, public bodies, or other instrumentalities or of any of its political subdivisions, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) UNIFORMITY OF INTERPRETATION.—This section shall be so construed as to effectuate its general purpose to make uniform the law of states which enact it.

History.—ss. 1-6, ch. 63-441; ss. 10, 35, ch. 69-106; s. 69, ch. 71-136; s. 745, ch. 95-147; s. 42, ch. 2023-8.

F.S. 116.34 on Google Scholar

F.S. 116.34 on Casetext

Amendments to 116.34

Arrestable Offenses / Crimes under Fla. Stat. 116.34

Level: Degree
Misdemeanor/Felony: First/Second/Third

S116.34 - FORGERY OF - WO AUTHORITY USE FACSIM SIGNATURE OR AG SEAL - F: S

S116.34 - FRAUD-SWINDLE - USE FACSIM SIGNTR OR AG SEAL ETC WIT DEFRAUD - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 116.34

Total Results: 5

Gray v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-04T00:00:00-08:00

Citation: 198 So. 3d 780, 2016 Fla. App. LEXIS 3374, 2016 WL 833507

Snippet: representation' that it was authorized by section 116.34, Florida Statutes. 3 On March 13, ….2d 1380 (Fla.1988). 3 . Section 116,34 allows "public officials” or "authorized

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Court: Fla. Att'y Gen. | Date Filed: 2011-06-16T00:53:00-07:00

Snippet: generally includes a municipality.See, e.g., s. 116.34(2)(a), Fla. Stat. (referring to state or by any

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Court: Fla. Att'y Gen. | Date Filed: 1980-02-14T23:53:00-08:00

Snippet: the Secretary of State under the provisions of s. 116.34, F. S.? SUMMARY: The laboratory serology test report… their direction and in their presence. Section 116.34, F. S., the Uniform Facsimile Signature of Public… to the second part of your second question, s. 116.34, F. S., does not purport to regulate the signatory…or the affixation of signatures thereto. Section 116.34 applies only to the public officers and documents

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Court: Fla. Att'y Gen. | Date Filed: 1978-07-06T00:53:00-07:00

Snippet: those terms are defined in s. 116.34(2), F. S. Under the authority of s. 116.34, F. S., only those officials…resolutions enumerated in s.116.34(3), F. S. Parenthetically, it may be noted that s. 116.34 is a uniform law, … a facsimile signature within the purview of s. 116.34(2) and (3), F. S.? 2. If the answer to the first…proclamation or resolution' within the meaning of s. 116.34(3)(c), F. S., and may a deputy sheriff's facsimile…using facsimile signatures within the purview of s. 116.34(2) and (3), F. S. Your first question is answered

State v. Hickman

Court: Fla. Dist. Ct. App. | Date Filed: 1966-07-29T00:53:00-07:00

Citation: 189 So. 2d 254

Snippet: which became effective June 14, 1963. F.S. Sec. 116.34, (3) (c), F.S.A. [4] The only requirement is that