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EXECUTION OF FLORIDA LEGAL DOCUMENTS: THE REQUIREMENTS FOR RECORDING AND NOTARIZING DOCUMENTS IN FLORIDA
Copyright (c) 1994-1999 by James W. Martin, P.A. All rights reserved.
Warning: The Florida notary public law was amended January 1, 1999,
and thereafter. This article
was written before the new laws took effect. This article does not state
the current law. Users should review current law. This article is
for background purposes only and is not intended as legal advice.
Table of Sections
Sec.
1.1 Introduction.
1.2 Requirements for Documents to be Recorded.
1.3 The New Notaries Public Law.
1.4 Seal.
1.5 Identification.
1.6 What May Not Be Notarized.
1.7 Form of Certificate.
1.8 Certifying True Copies.
1.9 Applications and Bonding.
1.10 Foreign Language.
1.11 Prohibitions.
1.12 Penalties and Effects of Violation.
1.13 Curative Provision.
1.14 Conclusions.
Appendix A. Sample Form of Signature, Witness and Notary Lines for a Document Affecting Real Property to Be Recorded.
Appendix B. Sample Forms of Oath, Affirmation and Acknowledgment.
Appendix C. Certificate Required by F.S.A. 117.05(15).
Appendix D. Requirements for Recording Instruments Affecting Real Property-Full Text of F.S.A. Section 695.26.
Appendix E. Notaries Public Law-Full Text of F.S.A. Chapter 117.
Appendix F. Self-Proof of Will-Full Text of F.S.A. 732.503.
1.1 Introduction
New laws were passed effective July 1, 1991, and January 1, 1992, affecting the manner of executing documents to be recorded in Florida. Both new laws present possible traps for unwary lawyers. Chapter 90-183, Laws of Florida, creates F.S.A. Section 695.26 and was enacted by the Legislature in 1990 to be effective July 1, 1991. It contains requirements that must be met before an instrument can be recorded in the public records. It was further amended by Chapter 94-348, Laws of Florida, to require a 3" by 3" space at the top right hand corner on the first page and a 1" by 3" space at the top right hand corner on all subsequent pages. The other new law, Chapter 91-291, Laws of Florida, effective January 1, 1992, completely amends and restates the Florida law governing notaries public in Florida Statutes Chapter 117. It was further amended by Chapter 92-209, Laws of Florida, effective April 16, 1992 and by Chapter 93-62, Laws of Florida, effective April 22, 1993. This article will discuss these new laws.
1.2 Requirements for Documents to Be Recorded
F.S.A. 695.26 (Chapter 90-183, Laws of Florida) states that instruments which convey, assign, encumber or otherwise dispose of the title to or any interest in real property must contain the following information in order to be recorded:
- The name of each person who executed the instrument must be legibly printed, typewritten or stamped immediately beneath the signature of the person.
- The post office address of each person who executed the instrument must be legibly printed, typewritten or stamped upon the instrument.
- The name and post office address of the natural person who prepared the instrument or under whose supervision it was prepared must be legibly printed, typewritten or stamped upon the instrument.
- The name of each witness must be legibly printed, typewritten or stamped immediately beneath the signature of the witness.
- The name of any notary public or other officer taking the acknowledgment must be legibly printed, typewritten or stamped immediately beneath his or her signature.
- A 1-inch square at the top right-hand corner must be reserved for use by the clerk of the court.
- The name and post office address of each grantee must be legibly printed, typewritten or stamped on any instrument conveying an interest in real property other than a mortgage.
The potential trap is that the Clerk of Court may reject a document presented for recording if the document does not comply with this new law, unless the document fits within one of the exemptions within the law (documents executed outside Florida, etc.). The Clerk's rejection of a document for recording could alter the sequence of recording documents, which could cause unintended results and loss of priority of mortgages and other instruments.
For example, it is customary to record a mortgage and notice of commencement at the same time and to direct the Clerk to record the mortgage first so that it has priority over construction liens. If neither the mortgage nor the notice contained the information required by Section 695.26, the Clerk could return the mortgage unrecorded and record the notice of commencement, which could result in construction liens having priority over the mortgage. Since the mortgage is an interest which encumbers real property, the mortgage must contain the information required by Section 695.26 before it can be recorded. However, since the notice of commencement does not encumber real property (F.S.A. Section 713.13(3)) the information would not be required by Section 695.26.
The form of signature, witness and notary acknowledgment lines set forth as Appendix A below includes most of the information required by F.S.A Sections 695.26 and 695.25. Use of this or a similar form will assist lawyers in preparing real property documents that may be recorded by the Clerk without problem.
As of June 3, 1994, all deeds and mortgages (and any other instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of) must have a 3" by 3" space at the top right hand corner on the first page and a 1" by 3" space at the top right hand corner on all subsequent pages in order to be recorded by the clerk of court. Failure to reserve such space for use by the clerk may preclude the instrument from being recorded. This new requirement is contained in Chapter 94-348, Laws of Florida, which amends Florida Statutes Section 695.26 (requirements for recording instruments affecting real property). The statute formerly required a 1" square at the top right hand corner of each instrument. The amendment requires a 3" square at the top right hand corner of the first page and a 1" by 3" space at the top right hand corner of subsequent pages.
1.3 The New Notaries Public Law
The Florida law governing notaries public was amended by Chapter 91-291, Laws of Florida, effective January 1, 1992, by Chapter 92-209, Laws of Florida, effective April 16, 1992, and by Chapter 93-62, Laws of Florida, effective April 22, 1993. The new law, the result of a state-wide study commission, completely revises the Florida notary public law in Chapter 117, Florida Statutes Annotated. Among other changes, the new law requires that the notary seal include the notary's commission number, in addition to the commission's expiration date and other information, and requires that all notary bonds be payable to harmed individuals rather than to the Governor.
The law also prohibits a notary from notarizing the signature of his or her spouse, son, daughter, mother, or father, and it prohibits a notary from notarizing any document if the notary has a financial interest in the underlying transaction or is a party to the underlying transaction.
The following is a discussion of the provisions of the new law that will affect most of the notaries in Florida and raises some of the questions that remain to be answered.
1.4 Seal
- A notary public must affix a rubber stamp type notary public seal to all notarized documents. The seal must contain all of the following:
- The words "Notary Public-State of Florida."
- The name of the notary.
- The date of expiration of the notary's commission. This was not required in the impression seal under prior law.
- The notary's commission number. This is an entirely new requirement.
In addition, the seal must use photographically reproducible black ink. F.S.A. Section 117.05(3)(a).
- An impression type seal may be used in addition to the rubber stamp seal, but cannot be substituted for the rubber stamp seal (which is the official seal). F.S.A. Section 117.05(3)(a). This means that the impression type seal that actually embossed the notarized paper with an imprint of the notarial seal will become a thing of the past.
- Notaries whose commissions expire after January 1, 1992, are required to use the rubber stamp seal only upon reappointment after that date. F.S.A. Section 117.05(3)(b). However, F.S.A. Section 117.108 validates use of impression seals until January 1, 1995.
- The new notary law requires that a rubber stamp seal replace the traditional embossed seal. The resulting mark on the paper is like any other printed aspect of the document and can be reproduced by a copy machine. This requirement will make it easier to falsify and alter documents, as it will be difficult to tell an original from a copy. This is particularly true since the law requires the use of black ink on the seal. With the embossed seal, there was no doubt as to which of several copies was the original.
1.5 Identification
- The notary must personally know or have satisfactory evidence that the person whose signature is to be notarized is the individual described in and who executed the instrument. Otherwise, the notary cannot notarize the signature. Section 117.05(5). This requirement of having either personal knowledge or satisfactory evidence is more complicated than those simple words would imply, primarily due to the definition of those terms as set forth in the law.
- Personally Know. If the notary is acquainted with the individual from association with the individual which establishes the individual's identity with reasonable certainty, the notary need not require further identification since this constitutes "personally knowing" the individual. F.S.A. Section 117.05(5)(a). This is a very subjective test.
Acquaintances could conceivably include relatives, friends, co-workers, and business associates. However, the notary cannot notarize his or her spouse's, parents' or children's signatures (F.S.A. Section 117.05(6)(d)). In addition, the notary cannot notarize his or her employer's signature if a benefit other than his or her salary and any fee for his services authorized by law is received. F.S.A. Section 117.05(6)(e).
- Satisfactory Evidence. What is "satisfactory evidence" of identity is very complicated under this part of the law, which reads as confusingly as the Internal Revenue Code. There are three types of evidence that may be used: a witness personally known to the notary who also personally knows the person whose signature is to be notarized, two witnesses who personally know the person, or a documentary form of identification.
- One Witness Personally Known. Satisfactory evidence may consist of merely a sworn written statement of a "credible witness" personally known to the notary that the person whose signature is to be notarized is personally known to the witness. F.S.A. Section 117.05(5)(b)(1). This means that, while a notary cannot notarize his own father's signature, he can notarize the signature of his father's friend but only if his father gives a sworn statement. Who is to administer the oath for the father's sworn statement in such a case? The notary could not because his father is related to him by blood. An oath can be administered by a judge, clerk, deputy clerk, U.S. commissioner or notary public. F.S.A. Section 92.50. Thus, either two notaries or a notary plus a judge, clerk or commissioner would be required to notarize the signature of the father's friend under this alternative.
- Two Witnesses. Satisfactory evidence may consist of the sworn written statement of two credible witnesses who need not be personally known to the notary but whose identities must be proven to the notary by "satisfactory evidence", which means that they must either provide documentary evidence of identity meeting the requirements of F.S.A. Section 117.05(5)(b)(3) or a witness personally known to the notary also personally knows them and provides a sworn written statement. F.S.A. Section 117.05(5)(b)(2). Once the identity of the two witnesses is proven, the two witnesses must sign a sworn written statement that each of the following are true with regard to the person whose signature is to be notarized:
- He or she is the person named in the document.
- He or she is personally known to the witness.
- It would be very difficult or impossible for him or her to obtain another form of identification.
- He or she does not possess any of the identification documents specified in F.S.A. Section 117.05(5)(b)(3).
- The witnesses do not have a financial interest in the underlying transaction and are not parties to it.
This means that a notary may notarize the signature of a person who is unknown to the notary, who does not have the acceptable documentary evidence of identification, and who does not bring a witness who is personally known to the notary as long as there are two witnesses who have acceptable documentary evidence of their identities and who sign a sworn statement that the above five conditions are true. What if the person whose signature is to be notarized has a valid Florida driver's license but left it at home? Does "possess" mean to have on his or her person at the time of notarization or does possession at his or her home constitute possession? The statute does not answer these questions.
- Documentary Evidence. This is the more common method of identifying someone. Either a Florida driver's license or a U.S. passport is an acceptable form of identification, as long as it is either current or was issued within the past 5 years. Another alternative form of ID is an identification card issued by the Florida Department of Motor Vehicles (F.S.A. Section 322.051), but the application for such an ID must be verified by a person authorized to administer oaths; i.e., a notary public.
Other forms of acceptable documentary identification are the following, but only if they bear a serial number or other identifying number: a passport issued by a foreign government; a driver's license issued by another state, U.S. territory, Canada or Mexico; an ID card issued by another state or U.S. territory or by any branch of the U.S. armed forces; an inmate ID issued by the Florida Department of Corrections; or an ID issued by the U.S. Immigration and Naturalization Service.
It is a fact that many individuals do not have any of the above forms of identification. Such individuals may be elderly, disabled, or otherwise impaired. They could not, under the new law, present a Social Security Card, voter's identification card, or any other form of ID in place of the above forms. Their only hope in having their signatures notarized would be that they personally know a notary who is not their spouse, parent or child, or two persons who have acceptable IDs.
- Even with the above proof, the notary cannot take the acknowledgment unless there is an absence of any information, evidence or other circumstances which would lead a reasonable person to believe that the person is not the person he or she claims to be. F.S.A. Section 117.05(5)(b). The law does not state how the notary is supposed to determine whether there is an absence of such information. Is the notary supposed to conduct an independent investigation or inquiry of some type before accepting the identification offered? Must the notary verify the validity of the driver license with the Department of Motor Vehicles before notarizing a document? This could be a problem since information about individual driver's licenses is not voluntarily disclosed by the DMV and is never given over the phone.
- Thus, the new law requires that the notary either be personally acquainted with the person executing the document or that such person present witnesses or certain identification, limited, for all practical purposes, to a driver's license. While a state identification card is also acceptable, most people who do not have driver's licenses do not have state ID cards and do not know of the availability of such cards. Ironically, in order to obtain a state ID card, the applicant must submit an application that has been notarized.
1.6 What May Not Be Notarized
- A notary cannot notarize a signature if the person whose signature is being notarized is not in the presence of the notary at the time the signature is notarized. F.S.A. Section 117.05(6)(a). Must the person stay in the room while the notary both signs and seals the document? Violation of this Section is a civil infraction punishable by penalty of up to $5000.
- A notary cannot notarize a signature if the document is incomplete. F.S.A. Section 117.05(6)(b). Is a document "incomplete" if it has a blank date? What if there are other blanks that the parties agree to fill in at some other time? What if the document refers to exhibits which are not attached? Is the notary prohibited from notarizing a document in each of these cases? If so, is a notary required to read the entire document before notarizing it? And if so, does reading the entire document for completeness constitute the practice of law, which may only be performed by a lawyer?
There is no explanation or limitation of what "incomplete" means. This would preclude notarization of thousands of governmental forms that have a space "FOR OFFICIAL USE ONLY," which forms are not processed (and therefore not completed) until submitted, but which cannot be submitted until they are notarized. This is a classic Catch 22.
An exception is made for the endorsement or assignment in blank of a negotiable or non-negotiable note and the assignment in blank of any instrument given as security for such note.
- A notary cannot notarize a signature if the person signing has been adjudicated mentally incapacitated, the notary actually knows this, the notarization relates to a right that has been removed pursuant to F.S.A. Section 744, and capacity has not been restored. F.S.A. Section 117.05(6)(d) and F.S.A. Section 117.107(4). Does the notary have a duty to call the clerk of court to see if the signer has been adjudicated incapacitated at least in that county? If the person signing is incapacitated but has a limited guardian rather than a plenary guardian and is, therefore, capable of signing certain documents, can none of those documents be notarized?
- The 1991 law's prohibiting a notary from notarizing the signature of one related by blood or marriage was amended in 1992 to be limited so that only signatures of the notary's spouse, parents and children are prohibited. F.S.A. Section 117.05(6)(d).
1.7 Form of Certificate
- The notary must certify in the certificate of acknowledgment or jurat the type of identification, either based on personal knowledge or other form of identification, that is being relied upon by the notary. F.S.A. Section 117.05(5). This now applies to self-proof of a will, so the statutory form of self-proof has been modified accordingly (see Appendix F). F.S.A. Section 732.503.
- The notary must also sign and date a notarial certificate or jurat and specify which signature is being notarized and that the signer personally appeared before the notary at the time of notarization. F.S.A. Section 117.05(4).
- The notary must print, type or stamp his or her name below his or her signature exactly as commissioned. F.S.A.Section 117.05(3)(a).
- The statutory short forms of acknowledgment are completely revised. F.S.A. Section 695.25. The statute provides that these forms "may" be used, which makes them permissive rather than mandatory. It is interesting to note that these forms do not comply with the requirement of Section 117.05(4) that the notary specify in the certificate that the signer personally appeared before the notary at the time of notarization. Does the notary violate the law by using these permissive short forms without including such a statement? Perhaps Section 695.25's statement that the short forms "are sufficient for their respective purposes" validates the form but does not exonerate the notary from penalties for failure to include the statement.
- In 1993, the legislature amended F.S.A. Section 117.05(16) and set forth several forms of notarial certificates that satisfy the notary law. See Appendix B.
These forms, although promulgated by the Legislature, do not comply with the other provisions of Chapter 117, Florida Statutes. Specifically, they do not contain a certification that the person personally appeared "at the time of notarization."
- Sample forms of acknowledgment for the signatures of an individual and a corporation are set forth in Appendix B below.
1.8 Certifying True Copies
- A notary may still supervise the making of a photocopy of an original document and attest to the trueness of the copy. F.S.A. Section 117.05(15). However, the notary must use a certificate in substantially the form set forth in Appendix C below in notarizing an attested copy.
- The certificate form requires that the notary attest that the document is "complete." Can a notary certify as true a document which does not contain all exhibits or which has a missing date or other blank? Is the notary obligated to review the entire document and make what could be a legal determination of completeness?
- The certificate form also requires the notary to attest that the person who presented the document is the document's custodian. What is meant by "custodian?" How can the notary make this determination? Can the notary presume that whoever presents him the document is the custodian?
- A notary cannot attest to the trueness of a photocopy; only photocopies of original documents may be attested as to trueness. F.S.A. Section 117.05(15)(a).
- A notary cannot attest to the trueness of a photocopy of a public record if a copy can be made by another public official. F.S.A. Section 117.05(15)(a). This would mean that a notary cannot certify a photocopy of a recorded deed because the clerk of court does this. However, the mandatory certificate form goes beyond this and requires the notary to attest that the photocopied document is:
"neither a public record nor a publicly recordable document, certified copies of which are available from an official source other than a notary public."
Since the clerk of court will record just about any document that contains a notary acknowledgment, can a notary certify a true copy of any document which contains a notary acknowledgment, whether or not the document is actually recorded? If not, a notary could not certify a true copy of an unrecorded contract, trust agreement or other paper if it contained a notary acknowledgment entitling it to be recorded.
1.9 Applications and Bonding
- The new law increases the bonding requirement to $5,000 and requires that it be payable to "any individual harmed as a result of a breach of duty by the notary public acting in his official capacity." F.S.A. Section 117.01(7)(a). The prior law required a $1,000 bond payable to the Governor.
- Notaries whose commissions expire after January 1, 1992, are required to increase the amount of their bond to $5,000 only upon reappointment after that date. F.S.A. Section 117.01(7)(b). However, the requirement of F.S.A. Section117.01(7)(a) that the bond be payable to any harmed individual is a totally new requirement and will probably require that all notaries obtain new bonds before January 1, 1992. While it may have been the intent of the law's drafters to grandfather all existing bonds, the clear language of Section 117.01(7)(b) merely states that the increased bond amount is required only upon reappointment, not that the bond payee may remain the Governor. The clear language of Section 117.01(7)(a) does not limit the requirement that the bond run to any harmed individual to just new notaries, so the new payee in bonds would be required for all notaries as of January 1, 1992.
- Notary commissions are issued by the Florida Department of State, Division of Elections, Bureau of Notaries Public, 2002 The Capitol, Tallahassee, Florida 32399-0250. Notary applicants must provide their Social Security Number on the application. F.S.A. Section 117.01(2). This law may be in direct conflict with the Federal Privacy Act. (Pub.L. 93-579, 5 U.S.C.A. Section 552a note).
- The notary must notify the Florida Department of State in writing of any change in his or her business address, home address, home phone number, business phone number, or criminal record within 60 days after such change. F.S.A. Section 117.01(2). Failure to timely comply with this provision may result in suspension. F.S.A. Section 117.01(4).
- A notary who lawfully changes his or her name must immediately request an amended commission from the Florida Department of State. F.S.A. Section 117.05(11).
- Notary appointments are not automatically renewed. The application process must be completed for renewals as well as new commissions. F.S.A. Section 117.01(6).
1.10 Foreign Language
- A non-lawyer notary who advertises notary services in a language other than English must include the following conspicuous notice in the ad both in English and in the language used for the ad (the only exception is a single desk plaque), per F.S.A. Section 117.05(13):
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
- The phrase "Notary Public" may not be literally translated into a language other than English in an advertisement for notary services. F.S.A. Section 117.05(14).
- A notary cannot take the acknowledgment of a person who does not either speak or understand English unless both the nature and effect of the instrument are translated into a language that the person understands. F.S.A. Section 117.107(6). Thus, the instrument itself need not be translated into that language, just the nature and effect of the instrument. It is generally the practice of law to explain the nature and effect of instruments, especially when the instrument itself is not translated into the signer's own language. Does this mean that a multilingual lawyer must be involved whenever a non-English-speaking person's signature is to be notarized?
1.11 Prohibitions
- The notary cannot use a notary public commission in other than his or her legal name. F.S.A. Section 117.05(1). A notary may not use a fictitious or assumed name other than a nickname on an application to become a notary. F.S.A. Section 117.01(2). A notary may not use a name or initial in signing certificates other than that by which the notary is commissioned. F.S.A. Section 117.07(1).
- A notary cannot notarize his or her own signature. F.S.A. Section 117.05(1). A notary cannot notarize an instrument in which the notary's name appears as a party to the transaction. F.S.A. Section 117.107(2).
- A notary may not affix his or her signature to a blank form of affidavit or certificate of acknowledgment and deliver that form to another person with intent that it be used as an affidavit or acknowledgment. F.S.A. Section 117.107(3). A literal reading of this provision would prohibit a notary from having his own signature notarized.
- A notary cannot change anything in a written instrument after it has been signed by anyone. F.S.A. Section 117.107(7).
- A notary cannot notarize a blind person's signature until the notary has read the instrument to that person. F.S.A. Section 117.107(5).
- The notary's fee cannot exceed $10 for any one notarial act, other than marriage. F.S.A. Section 117.05(2).
- The employer of a notary is liable to the "persons involved" for all damages proximately caused by the notary's "official misconduct" if the notary was acting within the scope of his or her employment at the time he or she was engaged in the official misconduct. F.S.A. Section 117.05(7). Is a lawyer liable to the beneficiaries under a will if the lawyer's secretary notarizes a will but fails to obtain the required identification? Is this what is meant by "official misconduct?" What damages proximately flow from such an omission?
- A notary who loses or misplaces his or her seal must immediately notify the Secretary of State of that fact. F.S.A. Section 117.05(12).
- A notary cannot notarize a signature on a document if the notary has a financial interest in the underlying transaction or is a party to it. F.S.A. Section 117.05(6)(e). An employee who is a notary may notarize a signature for his or her employer and the fact of employment is not a financial interest as long as the employee receives no benefit other than his or her salary and notary fee. A lawyer who is a notary may notarize a signature on a document for a client for whom he or she serves as attorney of record as long as the attorney has no interest in the document other than a fee paid to him or her for his legal and notary services and as long as the attorney is *not a party to the transaction nor has a financial interest in it. Does "for his employer" and "for a client" mean any document or just a document signed by the employer or client?
1.12 Penalties and Effects of Violation
- Violation of many provisions of the new law constitute crimes (third degree felonies). F.S.A. Sections 117.05(1), 117.05(8), 117.05(9), 117.05(10), 117.105. Other violations are grounds for suspension. F.S.A. Section 117.01(4). Still other acts are prohibited without reference to a specific penalty. F.S.A. Sections 117.05 and 117.107. Finally, violation of at least one provision has been reduced to a civil infraction. F.S.A. Section 117.05(6)(a). The new law does not state whether an acknowledgment is valid if the notary violates one or more provisions of the new law during the acknowledgment process.
1.13 Curative Provision
- The 1993 amendment to the notary law added a curative provision that validates acts, seals and certificates that would have been valid under the notary laws in effect on January 1, 1991. F.S.A. Section 117.108. For example, impression type seals without commission numbers are still valid until then. However, as of January 1, 1995, full compliance with the new law will be required, including rubber stamp seals with commission numbers.
1.14 Conclusions
The Legislature's timing in revising the notary public law is interesting. Florida's corporation laws were amended effective July 1, 1990, to no longer require notary acknowledgments on articles of incorporation and other corporate documents filed with the Division of Corporations. In 1986, the Legislature passed a law (F.S.A. Section 95.525) authorizing use of a verification that "under penalties of perjury" the person signing declares the facts stated in the document are true, in place of a notary acknowledgment. Several years ago, the court rules for probate were changed to replace the notary acknowledgment with the verification statement. Notary acknowledgments were recently removed from the bill of sale form on the reverse side of Florida motor vehicle and boat title certificates.
Notary acknowledgments are still required on documents to be recorded with the clerks of court, such as deeds, mortgages, and other real estate documents, and they will still be required on affidavits filed with courts and on government forms of various types. But the question remains why this tightening of the notary public laws comes at a time when the trend is toward other forms of proof of execution in place of the archaic notarization. Perhaps the Legislature should follow this trend and eliminate the requirement of notarization for all documents and allow verification of documents to be executed under penalties of perjury.
Appendix A
SAMPLE FORM OF SIGNATURE, WITNESS AND NOTARY LINES FOR A DOCUMENT AFFECTING REAL PROPERTY TO BE RECORDED PER F.S.A. 695.26 AND F.S.A. 117.05(16)
In witness whereof, the parties have signed this document on this _________ day of _________, 19__.
| Witnesses: | Party A: |
| sign__________________ | sign__________________ |
| print_________________ | print_________________ |
| sign__________________ | |
| print_________________ | Address______________________________ |
| Witnesses: | Party B: _______, INC. |
| sign__________________ | sign__________________ |
| print_________________ | print_________________ |
| sign__________________ | Title_________________ |
| print_________________ | Address______________________________ |
STATE OF FLORIDA
COUNTY OF _________
Sworn to (or affirmed) and subscribed before me this _____ day of __________________, 19____, by __________________.
NOTARY PUBLIC-State of
Florida
sign_______________________________
print______________________________
(Seal)
Personally Known _____; OR Produced Identification ______
Type of Identification Produced:
____________________________
STATE OF FLORIDA
COUNTY OF _________
The foregoing instrument was acknowledged before me this _____ day of _________, 19____, by _________, as _________ for _________, INC., a Florida corporation, on behalf of the corporation.
NOTARY PUBLIC-State of
Florida
sign_______________________________
print______________________________
(Seal)
Personally Known _____; OR Produced Identification ______
Type of Identification Produced:
____________________________
APPENDIX B
SAMPLE FORMS OF OATH, AFFIRMATION AND ACKNOWLEDGMENT
1. Oath or Affirmation - Under F.S.A. 117.05(16)(a)
STATE OF FLORIDA
COUNTY OF _________
Signature of applicant: ____________________________
Sworn to (or affirmed) and subscribed before me this _____ day of __________________, 19____, by __________________.
Notary Public-State of Florida:
sign_________________________________
print________________________________
Personally Known _____; OR Produced Identification ______
Type of Identification Produced: ____________________________
Affix Seal Below:
2. Acknowledgment by Individual
A. Under F.S.A. 117.05(16)(b)
STATE OF FLORIDA
COUNTY OF _________
The foregoing instrument was acknowledged before me this _____ day of __________________, 19____, by __________________.
Notary Public-State of Florida:
sign_________________________________
print________________________________
Personally Known _____; OR Produced Identification ______
Type of Identification Produced: ____________________________
Affix Seal Below:
B. Under F.S.A. 695.25(1)
STATE OF FLORIDA
COUNTY OF _________
The foregoing instrument was acknowledged before me this _____ day of __________________, 19____, by __________________, who is personally known to me or who has produced ________________ as identification.
Notary Public-State of Florida:
sign_________________________________
print________________________________
Affix Seal Below:
3. Acknowledgment by Corporation
A. Under F.S.A. 117.05(16)(c)
STATE OF FLORIDA
COUNTY OF _________
The foregoing instrument was acknowledged before me this _____ day of __________________, 19____, by __________________ as _________ for _________, a Florida corporation.
Notary Public-State of Florida:
sign_________________________________
print________________________________
Personally Known _____; OR Produced Identification ______
Type of Identification Produced: ____________________________
Affix Seal Below:
B. Under F.S.A. 695.25(2)
STATE OF FLORIDA
COUNTY OF _________
The foregoing instrument was acknowledged before me this _____ day of __________________, 19____, by __________________, of ______________________, a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced __________________ as identification.
Notary Public-State of Florida:
sign_________________________________
print________________________________
Affix Seal Below:
4. Acknowledgment by Partnership
A. Under F.S.A. 117.05(16)(c)
STATE OF FLORIDA
COUNTY OF _________
The foregoing instrument was acknowledged before me this _____ day of __________________, 19____, by __________________ as _________ for _________, a Florida partnership.
Notary Public-State of Florida:
sign_________________________________
print________________________________
Personally Known _____; OR Produced Identification ______
Type of Identification Produced: ____________________________
Affix Seal Below:
B. Under F.S.A. 695.25(3)
STATE OF FLORIDA
COUNTY OF _________
The foregoing instrument was acknowledged before me this _____ day of __________________, 19____, by __________________, partner (or agent) on behalf of ______________________, a partnership. He/she is personally known to me or has produced __________________ as identification.
Notary Public-State of Florida:
sign_________________________________
print________________________________
Affix Seal Below:
5. Acknowledgment by Agent
A. Under F.S.A. 117.05(16)(c)
STATE OF FLORIDA
COUNTY OF _________
The foregoing instrument was acknowledged before me this _____ day of __________________, 19____, by __________________ as agent for _________.
Notary Public-State of Florida:
sign_________________________________
print________________________________
Personally Known _____; OR Produced Identification ______
Type of Identification Produced: ____________________________
Affix Seal Below:
B. Under F.S.A. 695.25(4)
STATE OF FLORIDA
COUNTY OF _________
The foregoing instrument was acknowledged before me this _____ day of __________________, 19____, by __________________, as attorney in fact, who is personally known to me or has produced __________________ as identification, on behalf of __________________.
Notary Public-State of Florida:
sign_________________________________
print________________________________
Affix Seal Below:
6. Acknowledgment by Trustee, Personal Representative or Public Officer
A. Under F.S.A. 117.05(16)(c)
STATE OF FLORIDA
COUNTY OF _________
The foregoing instrument was acknowledged before me this _____ day of __________________, 19____, by __________________ as _____________ for _________.
Notary Public-State of Florida:
sign_________________________________
print________________________________
Personally Known _____; OR Produced Identification ______
Type of Identification Produced: ____________________________
Affix Seal Below:
B. Under F.S.A. 695.25(5)
STATE OF FLORIDA
COUNTY OF _________
The foregoing instrument was acknowledged before me this _____ day of __________________, 19____, by __________________, as __________________, who is personally known to me or has produced __________________ as identification.
Notary Public-State of Florida:
sign_________________________________
print________________________________
Affix Seal Below:
APPENDIX C
CERTIFICATE REQUIRED BY F.S.A. 117.05(15)
CERTIFICATE OF TRUE COPY
STATE OF FLORIDA
COUNTY OF _________
On this _________ day of _________, 19____, I attest that the preceding or attached document is a true, exact, complete, and unaltered photocopy made by me of _________(description of document) _________ presented to me by the document's custodian, _________, and, to the best of my knowledge, that the photocopied document is neither a public record nor a publicly recordable document, certified copies of which are available from an official source other than a notary public.
NOTARY PUBLIC-State of Florida
sign_______________________________
print______________________________
(Seal)
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