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Florida Statute 118 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 118
CIVIL-LAW NOTARIES
View Entire Chapter
CHAPTER 118
CHAPTER 118
CIVIL-LAW NOTARIES
118.10 Civil-law notary.
118.12 Certification of civil-law notary’s authority; apostilles.
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.
(c) “Protocol” means a registry maintained by a civil-law notary in which the acts of the civil-law notary are archived.
(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.
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.
History.—s. 75, ch. 99-251; s. 35, ch. 2012-116.

F.S. 118 on Google Scholar

F.S. 118 on Casetext

Amendments to 118


Arrestable Offenses / Crimes under Fla. Stat. 118
Level: Degree
Misdemeanor/Felony: First/Second/Third

S24.118 1 - LOTTERY - EXTEND CREDIT TO PURCHASE LOTTERY TICKET - M: S
S24.118 2 - LOTTERY - TRANSFER OFFER RIGHT TO CLAIM LOTTERY PRIZE - M: F
S24.118 3a - PASS FORGED - PRESENT ALTERED STATE LOTTERY TICKET - F: T
S24.118 3a - PASS COUNTERFEITED - STATE LOTTERY TICKET PRESENT - F: T
S24.118 3b - PASS FORGED - TRANSFER ALTERED ST LOTTERY TICKET FOR PAYMENT - F: T
S24.118 3b - PASS COUNTERFEITED - TRANSFER STATE LOTTERY TICKET FOR PAYMENT - F: T
S24.118 3c - FORGERY OF - OR ALTER LOTTERY TICKET WITH INTENT TO DEFRAUD - F: T
S24.118 3c - COUNTERFEITING OF - FALSELY MAKE LOTTERY TICKET WIT DEFRAUD - F: T
S24.118 3c - FRAUD-SWINDLE - PASS LOTTERY TICKET WITH INTENT TO DEFRAUD - F: T
S24.118 3d - FRAUD-FALSE STATEMENT - FILE FALSE CLAIM FOR PAYMENT - F: T
S24.118 4 - FRAUD-SWINDLE - RENUMBERED. SEE REC # 8731 - F: F
S24.118 4 - EMBEZZLE - RENUMBERED. SEE REC # 8732 - F: F
S24.118 4a - FRAUD - UNLAWFUL REPRESENTATION OF LOTTERY PROGRAM - M: F
S24.118 4b - FRAUD - UNAUTHORIZED USE TERMS OF FLORIDA ST LOTTERY - M: F
S24.118 5a - FRAUD - RENUMBERED. SEE REC # 9686 - M: F
S24.118 5b - FRAUD - RENUMBERED. SEE REC # 9687 - M: F
S560.118 3 - PUBLIC ORDER CRIMES - REPEALED 2008-177 - F: T
S560.118 3 - FRAUD - MONEY TRANSMITS FTC INS OFF RECORDS ORDER - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 118

Total Results: 20

Clark, Jr. v. Clark, Sr., Department of Treasury - Internal Revenue Service

Court: District Court of Appeal of Florida | Date Filed: 2024-12-06

Snippet: Ocwen Loan Servicing, LLC v. Osmundsen, 204 So. 3d 118, 119 (Fla. 2d DCA 2016)). Here, paragraph 22

James Phillip Kincaid v. Debra Kincaid

Court: District Court of Appeal of Florida | Date Filed: 2024-12-05

Snippet: It found Husband’s gross income in 2020 to be $118,575, and Wife’s to be $37,190. It found Wife’s monthly

Allstate Indemnity Company v. Gady Abramson, D.C., P.A., Etc.

Court: District Court of Appeal of Florida | Date Filed: 2024-12-04

Snippet: 2007); see also Vocelle v. Knight Bros. Paper Co., 118 So. 2d 664, 667 (Fla. 1st DCA 1960) (“Every statute

Christian J. Villalba-Santos v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-22

Snippet: amend this claim. See Lamb v. State, 202 So. 3d 118, 120 (Fla. 5th DCA 2016) (“A defendant who has filed

Gessner v. Southern Company and Gulf Power Company

Court: District Court of Appeal of Florida | Date Filed: 2024-11-20

Snippet: opinion in Aery v. Wallace Lincoln-Mercury, LLC, 118 So. 3d 904 (Fla. 4th DCA 2013).

Shirley A. O'Brien v. Eugene J. O'Brien

Court: District Court of Appeal of Florida | Date Filed: 2024-11-06

Snippet: efforts and resources.’” Suarez v. Sanchez, 43 So. 3d 118, 2 121 (Fla

William J. Osborne and Amanda L. Osborne v. Drees Homes of Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-25

Snippet: quoting Fi–Evergreen Woods, LLC v. Est. of Vrastil, 118 So. 3d 859, 862 (Fla. 5th DCA 2013)). “[B]ecause

CYNTHIA HARRIS v. GLEN GILZEAN, in His Official Capacity as Orange County Supervisor of Elections, and DAN HELM, Individually

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: clerk’s standing below); Correa v. U.S. Bank N.A., 118 So. 3d 952, 954 (Fla. 2d DCA 2013) (“[Appellant]

PAJ Investment Group, LLC v. El Lago N.W. 7th Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: see Devino v. 2436 E. Las Olas, LLC, 306 So. 3d 118 (Fla. 4th DCA 2020) (deeming easement appurtenant

Kevin Cruz v. Steve Clyne

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: from the violation.”); Correa v. U.S. Bank N.A., 118 So. 3d 952, 954 (Fla. 2d DCA 2013) (“Correa waived

Michael D. LoCascio v. the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: procedurally barred claims. See, e.g., Perez v. State, 118 So. 3d 298, 301–02 (Fla. 3d

Jones v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-10-02

Snippet: and then citing State v. Anderson, 905 So. 2d 111, 118 (Fla. 2005))). KELLY, LaROSE, and LABRIT, JJ., Concur

Bridget Ingwell v. Patricia Ibrahim and SCI Funeral Services of Florida, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-09-25

Snippet: Petroleum LLC v. BJ’s Wholesale Club, Inc., 383 So. 3d 118, 124 (Fla. 4th DCA 2024) (quoting Am. Home Assurance

601 Cuda Properties, LLC v. Monroe County Board of County Commissioners

Court: District Court of Appeal of Florida | Date Filed: 2024-09-18

Snippet: ________________ No. 3D24-0118 Lower Tribunal No. 2023-066-DAO-ERP

Alexander Garcia v. Yellow Cab Company

Court: District Court of Appeal of Florida | Date Filed: 2024-09-18

Snippet: (quoting Marshall v. Buttonwood Bay Condo. Ass’n, 118 So. 3d 901, 903 (Fla. 3d DCA 2013))); see also Somarriba

John Sexton v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2024-09-12

Snippet: a fair and impartial trial.” Gregory v. State, 118 So. 3d 770, 778 (Fla. 2013) (quoting Rodriguez v

Shane Matthew Morrow v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-11

Snippet: this case is similar to Jones v. State, 74 So. 3d 118 (Fla. 1st DCA 2011). In Jones, the defendant entered

Jeffery Demski v. Joseph Loyd and Kimberly Loyd

Court: District Court of Appeal of Florida | Date Filed: 2024-09-06

Snippet: ”); Garrison v. PHH Mortg. Corp., 298 So. 3d 116, 118 (Fla. 1st DCA 2020) (“The consequence of not filing

In Re: Amendments to Florida Rules of Criminal Procedure - 2024 Legislation

Court: Supreme Court of Florida | Date Filed: 2024-08-29

Snippet: which went into effect July 1, 2024. See ch. 2024- 118, §§ 2-4, Laws of Fla. Accordingly, the Florida

STATE OF FLORIDA v. RAYNE BURNETT CRUME

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: showed the window tint was, in fact, legal. Id. at 118. The Fifth District remanded the matter for the trial