Florida Statute 118.10 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 118
CIVIL-LAW NOTARIES

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F.S. 118.10

118.10 Civil-law notary.—

(1) As used in this section, the term:

(a) “Authentic act” means an instrument executed by a civil-law notary referencing this section, which instrument includes the particulars and capacities to act of any transacting parties, a confirmation of the full text of any necessary instrument, the signatures or their legal equivalent of any transacting parties, the signature and seal of a civil-law notary, and such other information prescribed by the Secretary of State.

(b) “Civil-law notary” means a person who is a member in good standing of The Florida Bar, who has practiced law for at least 5 years, and who is appointed by the Secretary of State as a civil-law notary.

(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:

(a) The form and content of authentic acts, oaths, acknowledgments, solemnizations, and signatures and seals or their legal equivalents;

(b) Procedures for the permanent archiving of authentic acts, maintaining records of acknowledgments, oaths and solemnizations, and procedures for the administration of oaths and taking of acknowledgments;

(c) The charging of reasonable fees to be retained by the Secretary of State for the purpose of administering this chapter;

(d) Educational requirements and procedures for testing applicants’ knowledge of all matters relevant to the appointment, authority, duties or legal or ethical responsibilities of a civil-law notary;

(e) Procedures for the disciplining of civil-law notaries, including, but not limited to, the suspension and revocation of appointments for failure to comply with the requirements of this chapter or the rules of the Department of State, or for misrepresentation or fraud regarding the civil-law notary’s authority, the effect of the civil-law notary’s authentic acts, or the identities or acts of the parties to a transaction;

(f) Bonding or errors and omissions insurance requirements, or both, for civil-law notaries; and

(g) Other matters necessary for administering this section.

(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.

History.—s. 7, ch. 97-241; s. 1, ch. 97-278; ss. 10, 20, ch. 98-246; s. 74, ch. 99-251.

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Amendments to 118.10

Arrestable Offenses / Crimes under Fla. Stat. 118.10

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 118.10.

Annotations, Discussions, Cases:

Cases Citing Statute 118.10

Total Results: 18

D'AMARIO v. Ford Motor Co.

Court: Supreme Court of Florida | Date Filed: 2001-11-21

Citation: 806 So. 2d 424, 2001 WL 1472600

Snippet: compared with injury-enhancing fault." Id. at 118.[10] He explains: [B]y definition, a manufacturer in

Winn-Dixie Stores, Inc. v. Marcotte

Court: District Court of Appeal of Florida | Date Filed: 1989-11-02

Citation: 553 So. 2d 213, 14 Fla. L. Weekly 2543, 1989 Fla. App. LEXIS 6099, 1989 WL 129806

Snippet: 1954); Clyde Bar, Inc. v. McClamma, 152 Fla. 118, 10 So.2d 916 (1942); Moulden v. Jefferson Standard

Al's Motor Co. v. Jackson Marine Sales, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1983-06-08

Citation: 432 So. 2d 736, 1983 Fla. App. LEXIS 19996

Snippet: cross appeals the judgment in its favor for $13,-118.10, less the buyers’ deposit of $6,500, or a total

Hendrickson v. Smith

Court: District Court of Appeal of Florida | Date Filed: 1976-09-02

Citation: 346 So. 2d 79, 1976 Fla. App. LEXIS 20685

Snippet: AFFIRMED. See Clyde’s Bar, Inc. v. McClamma, 152 Fla. 118, 10 So.2d 916 (1942), and Waters v. Rockana Carriers

Panoz v. Gulf and Bay Corporation of Sarasota

Court: District Court of Appeal of Florida | Date Filed: 1968-03-15

Citation: 208 So. 2d 297, 1968 Fla. App. LEXIS 5755

Snippet: exercise. Clyde Bar, Inc. v. McClamma, 1943, 152 Fla. 118, 10 So.2d 916; Fred Howland, Inc. v. Morris, 1940,

Stone v. Chichester

Court: District Court of Appeal of Florida | Date Filed: 1967-04-20

Citation: 198 So. 2d 108, 1967 Fla. App. LEXIS 4749

Snippet: So. 611; Clyde Bar, Inc. v. McClamma, 152 Fla. 118, 10 So.2d 916.

Saunders v. Kaplan

Court: District Court of Appeal of Florida | Date Filed: 1958-03-13

Citation: 101 So. 2d 181

Snippet: cases of Clyde Bar, Inc. v. McClamma, 152 Fla. 118, 10 So.2d 916 and Chambers v. Southern Wholesale, Fla

Chambers v. Southern Wholesale

Court: Supreme Court of Florida | Date Filed: 1956-10-24

Citation: 92 So. 2d 188

Snippet: 2d 477; Clyde Bar, Inc., v. McClamma, 152 Fla. 118, 10 So.2d 916; Matson v. Tip Top Grocery Co., 151 Fla

Food Fair Stores, Inc. v. Flood

Court: Supreme Court of Florida | Date Filed: 1956-02-22

Citation: 85 So. 2d 831

Snippet: 826; Clyde Bar, Inc., v. McClamma, 1942, 152 Fla. 118, 10 So.2d 916. DREW, C. J., and TERRELL, HOBSON and

City of Jacksonville v. Stokes

Court: Supreme Court of Florida | Date Filed: 1954-07-06

Citation: 74 So. 2d 278, 1954 Fla. LEXIS 1115

Snippet: 2d 366; Clyde Bar, Inc., v. McClamma, 152 Fla. 118, 10 So.2d 916; Tutwiler v. I. Beverally Nalle, Inc

Fields v. Quillian

Court: Supreme Court of Florida | Date Filed: 1954-06-25

Citation: 74 So. 2d 230

Snippet: 2d 366; Clyde Bar, Inc. v. McClamma, 152 Fla. 118, 10 So.2d 916; Tutwiler v. Beverally Nalle, Inc., 152

Wetherington v. Family Loan Co.

Court: Supreme Court of Florida | Date Filed: 1953-10-13

Citation: 67 So. 2d 542, 1953 Fla. LEXIS 1676

Snippet: of Clyde Bar, Inc., v. McClamma, 1942, 152 Fla. 118, 10 So.2d 916. ROBERTS, C. J., and THOMAS, DREW and

Rubey v. William Morris, Inc.

Court: Supreme Court of Florida | Date Filed: 1953-07-17

Citation: 66 So. 2d 218, 1953 Fla. LEXIS 1383

Snippet: 2d 366; Clyde Bar Inc., v. McClamma, 152 Fla. 118, 10 So.2d 916; Miller v. Shull, Fla., 48 So.2d 521;

Breau v. Whitmore

Court: Supreme Court of Florida | Date Filed: 1952-07-01

Citation: 59 So. 2d 748, 1952 Fla. LEXIS 1702

Snippet: 9 So.2d 366; Clyde Bar v. McClamma, 152 Fla. 118, 10 So.2d 916; Miller v. Shull, Fla., 48 So.2d 521;

Kraver v. Edelson

Court: Supreme Court of Florida | Date Filed: 1951-11-27

Citation: 55 So. 2d 179, 1951 Fla. LEXIS 917

Snippet: this state. See Clyde Bar v. McClamma, 152 Fla. 118, 10 So.2d 916; Matson v. Tip Top Grocery, 151 Fla.

Ryan v. Unity, Inc.

Court: Supreme Court of Florida | Date Filed: 1951-11-20

Citation: 55 So. 2d 117, 1951 Fla. LEXIS 909

Snippet: senses." Clyde Bar, Inc., v. McClamma, 152 Fla. 118, 10 So.2d 916, 917; Miller v. Shull, Fla., 48 So.2d

Carl's Markets v. De Feo

Court: Supreme Court of Florida | Date Filed: 1951-10-12

Citation: 55 So. 2d 182

Snippet: court in Clyde Bar, Inc., v. McClamma, 152 Fla. 118, 10 So.2d 916, wherein it was stated: "Appellee [appellant]

The Penn Mutual Life Ins. Co. v. Bobbitt

Court: Supreme Court of Florida | Date Filed: 1939-05-16

Citation: 188 So. 843, 137 Fla. 838, 1939 Fla. LEXIS 1919

Snippet: December, 1931, and March, 1932, which amount was $118.10, less $18.48 dividend accruals, or a total of $99