Florida Statute 117.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 117
NOTARIES PUBLIC

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F.S. 117.01

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 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:

(a) A material false statement on the application.

(b) A complaint found to have merit by the Governor.

(c) Failure to cooperate or respond to an investigation by the Governor’s office or the Department of State regarding a complaint.

(d) Official misconduct as defined in s. 838.022.

(e) False or misleading advertising relating to notary public services.

(f) Unauthorized practice of law.

(g) Failure to report a change in business or home address or telephone number, or failure to submit documentation to request an amended commission after a lawful name change, within the specified period of time.

(h) Commission of fraud, misrepresentation, or any intentional violation of this chapter.

(i) Charging fees in excess of fees authorized by this chapter.

(j) Failure to maintain the bond required by this section.

(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.

(7)(a) A notary public shall, prior to executing the duties of the office and throughout the term of office, give bond, payable to any individual harmed as a result of a breach of duty by the notary public acting in his or her official capacity, in the amount of $7,500, conditioned for the due discharge of the office and shall take an oath that he or she will honestly, diligently, and faithfully discharge the duties of the notary public. The bond shall be approved and filed with the Department of State and executed by a surety company for hire duly authorized to transact business in this state.

(b) Any notary public whose term of appointment extends beyond January 1, 1999, is required to increase the amount of his or her bond to $7,500 only upon reappointment on or after January 1, 1999.

(c) Beginning July 1, 1996, surety companies for hire which process notary public applications, oaths, affidavits of character, and bonds for submission to the Department of State must properly submit these documents in a software and hard copy format approved by the Department of State.

(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.

History.—s. 1, Sept. 13, 1822; RS 218; s. 1, ch. 4544, 1897; GS 302; RGS 413; CGL 479; s. 1, ch. 21765, 1943; s. 1, ch. 63-138; s. 1, ch. 65-256; ss. 1, 2, ch. 67-54; ss. 10, 12, 35, ch. 69-106; s. 70, ch. 71-136; s. 1, ch. 75-161; s. 6, ch. 77-121; ss. 5, 6, ch. 81-260; s. 33, ch. 83-217; s. 3, ch. 88-557; s. 1, ch. 91-291; s. 1, ch. 92-209; s. 746, ch. 95-147; s. 18, ch. 95-280; s. 27, ch. 95-312; s. 2, ch. 96-407; s. 1, ch. 98-246; s. 9, ch. 2003-158; s. 7, ch. 2016-151; s. 2, ch. 2019-71.

F.S. 117.01 on Google Scholar

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Amendments to 117.01

Arrestable Offenses / Crimes under Fla. Stat. 117.01

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

S117.01 - FRAUD - NO OFFENSE AND PENALTY - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 117.01

Total Results: 20

EVA MARIA ANDERSON v. IN RE: ESTATE OF MARIO QUINTERO

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-31T00:53:00-07:00

Snippet: notary commission lasts only four years. See § 117.01(1), Fla. Stat. (2017).

Tropicana Condominium Assoc. v. Tropical Condominium, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-16T00:00:00-08:00

Citation: 208 So. 3d 755, 2016 Fla. App. LEXIS 17090

Snippet: state in existence on or after July 1, 2007.” § 718.117(1), Fla. Stat. (2013). For economic benefits

Dept. of Highway Safety and Motor Vehicles v. Brown

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-25T00:00:00-08:00

Citation: 179 So. 3d 547, 2015 Fla. App. LEXIS 17812, 2015 WL 7568618

Snippet: in the performance of official duties. Sections 117.01, 117.04, 117.045, 117.05, and *550

Porsche Cars North America, Inc. v. Diamond

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-11T00:00:00-07:00

Citation: 140 So. 3d 1090, 2014 Fla. App. LEXIS 8917, 2014 WL 2599682

Snippet: .2d 374 (2011) (citation omitted). . See Ch. 83-117, 1, at 382, Laws of Fla.; Ch. 2001-39, § 2, at 114

United States Fire Insurance v. J.S.U.B., Inc.

Court: Fla. | Date Filed: 2007-12-20T00:00:00-08:00

Citation: 979 So. 2d 871, 32 Fla. L. Weekly Supp. 811, 2007 Fla. LEXIS 2394

Snippet: same general harmful conditions.” Compare 16 id. § 117.1, at 215, with 20 id. § 129.2, at 104. In CTC Development

US Fire Ins. Co. v. JSUB, INC.

Court: Fla. | Date Filed: 2007-12-19T23:53:00-08:00

Citation: 979 So. 2d 871

Snippet: general harmful conditions." Compare 16 id. § 117.1, at 215, with 20 id. § 129.2, at 104. In CTC Development

DEEP SOUTH SYSTEMS, INC. v. Heath

Court: Fla. Dist. Ct. App. | Date Filed: 2003-05-02T00:53:00-07:00

Citation: 843 So. 2d 378

Snippet: district for which the registration applies, see § 489.117(1)(b). [2] Retainage is a percentage of the progress

Ago

Court: Fla. Att'y Gen. | Date Filed: 2001-03-27T23:53:00-08:00

Snippet: Solar contractor. 2 See, s. 489.117(1)(a), Fla. Stat. 3 See, s. 489.117(1)(b), Fla. Stat. 4 Formerly, Rule

Carr v. Stetson

Court: Fla. Dist. Ct. App. | Date Filed: 1999-08-18T00:53:00-07:00

Citation: 741 So. 2d 567

Snippet: of amendment under Florida Statutes section 620.117(1). The appellees filed a motion to dismiss the complaint

AMERISEAL OF NE FLA., INC. v. Leiffer

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-28T23:53:00-08:00

Citation: 673 So. 2d 68

Snippet: of the breach of duty by the notary ..." § 117.01(7)(a); Fla.Stat. (Supp.1992). [2] The Legislature

Ago

Court: Fla. Att'y Gen. | Date Filed: 1994-04-27T00:53:00-07:00

Snippet: supra at p. 261, are consistent with section 110.117(1)(g), Florida Statutes, providing "paid holidays

Cummins Alabama, Inc. v. Allbritten

Court: Fla. Dist. Ct. App. | Date Filed: 1989-07-21T00:53:00-07:00

Citation: 548 So. 2d 258

Snippet: These provisions are consistent with section 110.117(1)(g), Florida Statutes (1987), which defines "…inconsistency between section 683.01 and both section 110.117(1)(g) and section 4.07A of the supreme court's…considered a legal holiday pursuant to section 110.117(1)(i) because the designated holiday honoring Veteran

Sunnyvale Maritime Co., Inc. v. Gomez

Court: Fla. Dist. Ct. App. | Date Filed: 1989-01-30T23:53:00-08:00

Citation: 546 So. 2d 6

Snippet: only valid in the State of Florida. See Section 117.01(3) Florida Statutes (1987); compare Evans v. Dickenson

Ago

Court: Fla. Att'y Gen. | Date Filed: 1988-07-14T00:53:00-07:00

Snippet: department pursuant to a contract." 3 Section 24.117(1), F.S., provides that any person who knowingly &

Southeast Bank, N.A. v. Weatherford

Court: Fla. Dist. Ct. App. | Date Filed: 1987-05-06T00:00:00-07:00

Citation: 506 So. 2d 482, 12 Fla. L. Weekly 1174, 3 U.C.C. Rep. Serv. 2d (West) 1832, 1987 Fla. App. LEXIS 8098

Snippet: the payee designation described in Section 673.117(1), Florida *483Statutes (1985), which provides, in… Southeast’s conduct was exactly as section 673.117(1) envisages. All other appeals and cross appeals

Mosely v. De Moya

Court: Fla. Dist. Ct. App. | Date Filed: 1986-11-03T23:53:00-08:00

Citation: 497 So. 2d 696

Snippet: meeting called specifically for that purpose, § 607.117(1), Fla. Stat. (1983), there is no such restriction