reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.02 - Payment of Commissions on Unremitted Funds Prohibited; Penalty.

116.02 Payment of commissions on unremitted funds prohibited; penalty.—It is unlawful for any state or county officer or any board of county officers, required to audit the accounts of officers under the laws of this state, to approve or pay any commissions on funds collected and not paid over as required by s. 116.01 and any officer violating the provisions of this section, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 3, ch. 6205, 1911; RGS 5328; CGL 7461; s. 66, ch. 71-136.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.03 - Officers to Report Fees Collected.

116.03 Officers to report fees collected.—Each state and county officer who receives all or any part of his or her compensation in fees or commissions, or other remuneration, shall keep a complete report of all fees and commissions, or other remuneration collected, and shall make a report to the Department of Financial Services of all such fees and commissions, or other remuneration, annually on December 31 of each and every year. Such report shall be made upon forms to be prescribed from time to time by the department, and shall show in detail the source, character and amount of all his or her official expenses and the net amount that the office has paid up to the time of making such report. All officers shall make out, fill in and subscribe and properly forward to the department such reports, and swear to the accuracy and competency of such reports.
History.—ss. 1, 2, ch. 6815, 1915; RGS 407; CGL 472; s. 1, ch. 24198, 1947; ss. 12, 35, ch. 69-106; s. 742, ch. 95-147; s. 133, ch. 2003-261.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.04 - Failure of Officer to Make Sworn Report of Fees.

116.04 Failure of officer to make sworn report of fees.—Any officer who shall fail or refuse to make, subscribe, and swear, or to file with the Department of Financial Services a report of all fees, commissions, or other remuneration collected, as required by law, or if any officer shall knowingly or willfully make false or incomplete reports, or in any report violate any of the provisions of s. 116.03 he or she shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 2, ch. 6815, 1915; RGS 5356; CGL 7491; ss. 12, 35, ch. 69-106; s. 67, ch. 71-136; s. 743, ch. 95-147; s. 134, ch. 2003-261.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.05 - Examination and Publication by Department of Financial Services.

116.05 Examination and publication by Department of Financial Services.—The Department of Financial Services shall have examined and verified any of the reports received under s. 116.03 whenever in its judgment the same may be necessary, and the department shall cause the matter and things in each of said reports to be published one time in a newspaper published in the county in which such report originated, in such form as it shall direct, and the expense of such publication shall be paid by the county commissioners of such county.
History.—s. 3, ch. 6815, 1915; RGS 408; CGL 473; ss. 12, 35, ch. 69-106; s. 135, ch. 2003-261.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.06 - Summary of Reports; Certain Officers Not Required to Report Fees.

116.06 Summary of reports; certain officers not required to report fees.—A summary of all such reports shall be included by the Department of Financial Services in its annual report to the Governor, except that jurors and notaries public shall not be required to make such reports as provided for in s. 116.03.
History.—s. 4, ch. 6815, 1915; RGS 409; CGL 474; ss. 12, 35, ch. 69-106; s. 2, ch. 73-47; s. 136, ch. 2003-261.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.07 - Account Books to Be Kept by Sheriffs and Clerks.

116.07 Account books to be kept by sheriffs and clerks.—All sheriffs and clerks of the circuit court and ex officio clerks of the boards of county commissioners of this state shall keep books of account and of record in accordance with s. 218.33.
History.—s. 1, ch. 5176, 1903; GS 814; RGS 410; CGL 475; s. 8, ch. 69-82; s. 32, ch. 2001-266.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.08 - County Commissioners to Furnish Books.

116.08 County commissioners to furnish books.—The county commissioners shall furnish the books provided for in s. 116.07.
History.—s. 2, ch. 5176, 1903; GS 815; RGS 411; CGL 476.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.09 - Penalty for Failure.

116.09 Penalty for failure.—Any officer who shall neglect or refuse to comply with the duties imposed by s. 116.07 shall be subject to suspension from office by the Governor.
History.—s. 4, ch. 5176, 1903; GS 817; RGS 412; CGL 477.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.13 - Sale of Property by Heads of State Institutions Without Permission Prohibited.

116.13 Sale of property by heads of state institutions without permission prohibited.—The superintendents of state asylums, and the presidents and principals of all state educational institutions are prohibited from selling or otherwise disposing of property belonging to the state, except in cases where they have previously obtained permission from their respective boards of commissioners or trustees.
History.—s. 1, ch. 4181, 1893; GS 3493; RGS 5373; CGL 7507.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.14 - Receipts Required From Purchasers of State Property.

116.14 Receipts required from purchasers of state property.—Upon the sale of any state property by the superintendent and presidents of state institutions as provided by law, they shall take receipt for the same from the purchaser, which receipt shall be forwarded, together with the proceeds of the sale, to the Chief Financial Officer.
History.—s. 2, ch. 4181, 1893; GS 3494; RGS 5374; CGL 7508; s. 137, ch. 2003-261.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.15 - Penalty for Violation of Ss. 116.13 and 116.14.

116.15 Penalty for violation of ss. 116.13 and 116.14.—Any violation of ss. 116.13 and 116.14 shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.083.
History.—s. 3, ch. 4181, 1893; GS 3495; RGS 5375; CGL 7509; s. 68, ch. 71-136.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.22 - Definitions; Forfeiture of Personal Property in Custody of Clerks of Various Courts.

116.22 Definitions; forfeiture of personal property in custody of clerks of various courts.—In construing this act and each and every section, word, phrase or part thereof, where the context permits, the term “personal property” or “chattels personal” shall include all property of any kind except real estate and anything permanently attached thereto.
History.—s. 1, ch. 61-380.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.33 - Exercise of Police Power.

116.33 Exercise of police power.—It is deemed by the Legislature of the state, that this act is necessary for the more efficient and speedy method of forfeiture of property that is held by the clerks of the circuit court of Florida, and a lawful exercise of the police power of the state for the protection of the public welfare of the people of the state. All the provisions of this act shall be liberally construed for the accomplishment of the purposes herein mentioned. This act is to be considered as cumulative and not an exclusive method of forfeiture.
History.—s. 12, ch. 61-380.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.35 - Notary Public Commissions; Employees of State and County Agencies.

116.35 Notary public commissions; employees of state and county agencies.—Each agency, board, commission or department of the state and of the several counties of the state is hereby authorized to pay the cost of securing a notary public commission for any employee of such agency, board, commission or department. Such cost is declared to be an expense of such agency, board, commission or department and shall be expended from the budget thereof. The chief administrative officer of each such agency, board, commission or department shall determine the number of notaries public necessary for the proper administration of such agency, board, commission or department. All fees collected by such notaries public as hereinafter provided shall become fee receipts of the state or the several counties and shall be deposited in the general fund from which the budget of such agency, board, commission or department is allocated.
History.—s. 1, ch. 67-282.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.36 - Notary Public Commissions; Municipal Employees.

116.36 Notary public commissions; municipal employees.—Each agency, board, commission or department of each of the several municipalities of the state is hereby authorized to pay the cost of securing a notary public commission for any employee of such agency, board, commission or department. Such cost is declared to be an expense of such agency, board, commission or department and shall be expended from the budget thereof. The chief administrative officer of each such agency, board, commission or department shall determine the number of notaries public necessary for the proper administration of such agency, board, commission or department. All fees collected by such notaries public as hereinafter provided shall become fee receipts of such municipality and shall be deposited in the general fund thereof.
History.—s. 2, ch. 67-282.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.37 - Notary Public Commissions; Elected Officers.

116.37 Notary public commissions; elected officers.—In all cases where such agency, board, commission or department is under the direction of one or more elected officers such officer or officers may become notaries public in like manner as provided in the case of employees as aforesaid.
History.—s. 3, ch. 67-282.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.38 - Notary Fees.

116.38 Notary fees.—
(1) Except as is hereinafter provided, all such notaries shall collect fees for their services as notaries performed in connection with such agency, board, commission or department at the rates provided for under chapter 117; provided, however, that in any case wherein a certain fee shall be provided by law for such service then in that event such fee as provided by law shall be collected.
(2) No notary fee shall be charged or collected by such notaries in connection with such agency, board, commission or department, in connection with or incidental to the issuance of motor vehicle license tags or titles.
(3) No notary public fees shall be charged by such notaries for notarizing loyalty oaths which are required by law.
(4) The chief administrative officer of any such agency, board, commission or department may, upon determining that such service should be performed as a public service, authorize such service to be performed free of charge.
History.—ss. 4-7, ch. 67-282.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part I - General Provisions (Ss. 117.01-117.108) › 117.021 - Electronic notarization.

117.021 Electronic notarization.—
(1) Any document requiring notarization may be notarized electronically. The provisions of ss. 117.01, 117.03, 117.04, 117.05(1)-(11), (13), and (14), 117.105, and 117.107 apply to all notarizations under this section.
(2) In performing an electronic notarial act, a notary public shall use an electronic signature that is:
(a) Unique to the notary public;
(b) Capable of independent verification;
(c) Retained under the notary public’s sole control and includes access protection through the use of passwords or codes under control of the notary public; and
(d) Attached to or logically associated with the electronic document in a manner that any subsequent alteration to the electronic document displays evidence of the alteration.
(3) When a signature is required to be accompanied by a notary public seal, the requirement is satisfied when the electronic signature of the notary public contains all of the following seal information:
(a) The full name of the notary public exactly as provided on the notary public’s application for commission;
(b) The words “Notary Public State of Florida”;
(c) The date of expiration of the commission of the notary public; and
(d) The notary public’s commission number.
(4) A notary public performing a notarial act with respect to an electronic record shall select the technology to be used for such notarial act. A person may not require the notary public to use a particular technology; however, if the notary public is required by his or her contract or employer to perform notarial acts with respect to electronic records, the contract or employer may require the use of a particular technology for those notarial acts.
(5) Failure of a notary public to comply with any of the requirements of this section may constitute grounds for suspension of the notary public’s commission by the Executive Office of the Governor.
(6) The Department of State may adopt rules to ensure the security, reliability, and uniformity of signatures and seals authorized in this section.
(7) The Department of State, in collaboration with the Department of Management Services, shall adopt rules establishing standards for tamper-evident technologies that will indicate any alteration or change to an electronic record after completion of an electronic notarial act. All electronic notarizations performed on or after January 1, 2020, must comply with the adopted standards.
History.—s. 1, ch. 2007-257; s. 3, ch. 2019-71; s. 21, ch. 2020-2; s. 1, ch. 2021-137.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part I - General Provisions (Ss. 117.01-117.108) › 117.03 - Administration of oaths.

117.03 Administration of oaths.—A notary public may administer an oath and make a certificate thereof when it is necessary for the execution of any writing or document to be published under the seal of a notary public. The notary public may not take an acknowledgment of execution in lieu of an oath if an oath is required.
History.—s. 1, Sept. 13, 1822; RS 219; GS 304; RGS 415; CGL 481; s. 20, ch. 73-334; s. 1, ch. 80-173; s. 2, ch. 91-291; s. 2, ch. 92-209; s. 2, ch. 93-62; s. 2, ch. 98-246.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part I - General Provisions (Ss. 117.01-117.108) › 117.04 - Acknowledgments.

117.04 Acknowledgments.—A notary public is authorized to take the acknowledgments of deeds and other instruments of writing for record, as fully as other officers of this state.
History.—s. 2, ch. 1127, 1860; RS 220; GS 305; RGS 416; CGL 482; s. 20, ch. 73-334; s. 8, ch. 81-260; s. 3, ch. 91-291; s. 3, ch. 93-62; s. 3, ch. 98-246.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part I - General Provisions (Ss. 117.01-117.108) › 117.045 - Marriages.

117.045 Marriages.—A notary public is authorized to solemnize the rites of matrimony. For solemnizing the rites of matrimony, the fee of a notary public may not exceed those provided by law to the clerks of the circuit court for like services.
History.—s. 4, ch. 98-246.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part I - General Provisions (Ss. 117.01-117.108) › 117.06 - Validity of acts prior to April 1, 1903.

117.06 Validity of acts prior to April 1, 1903.—Any and all notarial acts that were done by any notary public in the state prior to April 1, 1903, which would have been valid had not the term of office of the notary public expired, are declared to be valid.
History.—s. 1, ch. 5217, 1903; GS 307; RGS 418; CGL 484.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part I - General Provisions (Ss. 117.01-117.108) › 117.10 - Law enforcement and correctional officers; administration of oaths.

117.10 Law enforcement and correctional officers; administration of oaths.—
(1) For purposes of this section, the term “reliable electronic means” means the signing and transmission of a document through means compliant with criminal justice information system security measures. Such signing and transmission must be made by an affiant to an officer authorized to administer oaths under subsection (2) under circumstances that indicate that the document was submitted by the affiant.
(2) Law enforcement officers, correctional officers, and correctional probation officers, as defined in s. 943.10, and traffic accident investigation officers and traffic infraction enforcement officers, as described in s. 316.640, are authorized to administer oaths by reliable electronic means or in the physical presence of an affiant when engaged in the performance of official duties. Sections 117.01, 117.04, 117.045, 117.05, and 117.103 do not apply to this section. An officer may not notarize his or her own signature.
(3) An oath administered pursuant to this section is an acceptable method of verification as provided under s. 92.525.
History.—s. 4, ch. 84-97; s. 43, ch. 89-526; s. 2, ch. 91-174; s. 9, ch. 91-291; s. 748, ch. 95-147; s. 4, ch. 95-283; s. 6, ch. 98-246; s. 2, ch. 2015-23.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part I - General Provisions (Ss. 117.01-117.108) › 117.103 - Certification of notary’s authority by Secretary of State.

117.103 Certification of notary’s authority by Secretary of State.—A notary public is not required to record his or her notary public commission in an office of a clerk of the circuit court. If certification of the notary public’s commission is required, it must be obtained from the Secretary of State. Upon the receipt of a written request and a fee of $10 payable to the Secretary of State, the Secretary of State shall issue a certificate of notarial authority, in a form prescribed by the Secretary of State, which shall include a statement explaining the legal qualifications and authority of a notary public in this state.
History.—s. 5, ch. 91-291; s. 7, ch. 98-246; s. 73, ch. 99-251.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part I - General Provisions (Ss. 117.01-117.108) › 117.105 - False or fraudulent acknowledgments; penalty.

117.105 False or fraudulent acknowledgments; penalty.—A notary public who falsely or fraudulently takes an acknowledgment of an instrument as a notary public or who falsely or fraudulently makes a certificate as a notary public or who falsely takes or receives an acknowledgment of the signature on a written instrument is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 6, ch. 91-291.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part I - General Provisions (Ss. 117.01-117.108) › 117.108 - Validity of acts, seals, and certificates prior to January 1, 1995.

117.108 Validity of acts, seals, and certificates prior to January 1, 1995.—A notarial act performed, a notarial certificate signed, or a notarial seal used by any notary public before January 1, 1995, which would have been valid under the laws in effect in this state on January 1, 1991, is valid.
History.—s. 5, ch. 93-62.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part II - Online Notarizations (Ss. 117.201-117.305) › 117.209 - Authority to perform online notarizations.

117.209 Authority to perform online notarizations.—
(1) An online notary public may perform any of the functions authorized under part I of this chapter as an online notarization by complying with the requirements of this part and any rules adopted by the Department of State pursuant to s. 117.295, excluding solemnizing the rites of matrimony.
(2) If a notarial act requires a principal to appear before or in the presence of the online notary public, the principal may appear before the online notary public by means of audio-video communication technology that meets the requirements of this part and any rules adopted by the Department of State pursuant to s. 117.295.
(3) An online notary public physically located in this state may perform an online notarization as authorized under this part, regardless of whether the principal or any witnesses are physically located in this state at the time of the online notarization. A commissioner of deeds registered as an online notary public may perform an online notarization while physically located within or outside the state in accordance with the territorial limits of its jurisdiction and other limitations and requirements otherwise applicable to notarial acts by commissioners of deeds.
(4) The validity of an online notarization performed by an online notary public registered in this state shall be determined by applicable laws of this state regardless of the physical location of the principal or any witnesses at the time of the notarial act.
History.—s. 7, ch. 2019-71.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part II - Online Notarizations (Ss. 117.201-117.305) › 117.215 - Relation to other laws.

117.215 Relation to other laws.—
(1) If a provision of law requires a notary public or other authorized official of this state to notarize a signature or a statement, to take an acknowledgment of an instrument, or to administer an oath or affirmation so that a document may be sworn, affirmed, made under oath, or subject to penalty of perjury, an online notarization performed in accordance with the provisions of this part and any rules adopted hereunder satisfies such requirement.
(2) If a provision of law requires a signature or an act to be witnessed, compliance with the online electronic witnessing standards prescribed in s. 117.285 and any rules adopted thereunder satisfies that requirement.
History.—s. 8, ch. 2019-71.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part II - Online Notarizations (Ss. 117.201-117.305) › 117.225 - Registration; qualifications.

117.225 Registration; qualifications.—A notary public, a civil-law notary appointed under chapter 118, or a commissioner of deeds appointed under part IV of chapter 721 may complete registration as an online notary public with the Department of State by:
(1) Holding a current commission as a notary public under part I of this chapter, an appointment as a civil-law notary under chapter 118, or an appointment as a commissioner of deeds under part IV of chapter 721, and submitting his or her commission or appointment number.
(2) Certifying that the notary public, civil-law notary, or commissioner of deeds registering as an online notary public has completed a classroom or online course covering the duties, obligations, and technology requirements for serving as an online notary public.
(3) Paying a notary public registration fee as required by s. 113.01.
(4) Submitting a registration as an online notary public to the Department of State, signed and sworn to by the registrant.
(5) Identifying the RON service provider or providers whose audio-video communication technology and processes for credential analysis and identity-proofing technologies the registrant intends to use for online notarizations.
(6) Providing evidence satisfactory to the Department of State that the registrant has obtained a bond in the amount of $25,000, payable to any individual harmed as a result of a breach of duty by the registrant acting in his or her official capacity as an online notary public, conditioned for the due discharge of the office, and on such terms as are specified in rule by the Department of State as reasonably necessary to protect the public. The bond shall be approved and filed with the Department of State and executed by a surety company duly authorized to transact business in this state. Compliance by an online notary public with this requirement shall satisfy the requirement of obtaining a bond under s. 117.01(7).
(7) Providing evidence satisfactory to the Department of State that the registrant acting in his or her capacity as an online notary public is covered by an errors and omissions insurance policy from an insurer authorized to transact business in this state, in the minimum amount of $25,000 and on such terms as are specified by rule by the Department of State as reasonably necessary to protect the public.
History.—s. 9, ch. 2019-71; s. 4, ch. 2021-137.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part II - Online Notarizations (Ss. 117.201-117.305) › 117.231 - Remote administration of certain oaths.

117.231 Remote administration of certain oaths.—
(1) When taking the oath of an individual who is testifying at any court proceeding, deposition, arbitration, or public hearing and who is outside of the physical presence of the notary public, the notary public may fulfill the requirements of s. 117.05 using audio-video communication technology.
(2) When taking an oath of admission to The Florida Bar from an individual who is outside of the physical presence of the notary public, the notary public may fulfill the requirements of s. 117.05 using audio-video communication technology.
(3) If an individual is located outside of this state at the time the notary public is to take the individual’s oath under this section, consent from the individual must be obtained to take his or her oath using audio-video communication technology pursuant to this section.
(4) When taking an oath under this section, the notary public is not required to be an online notary public or to use a RON service provider.
History.—s. 5, ch. 2021-137.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part II - Online Notarizations (Ss. 117.201-117.305) › 117.235 - Performance of notarial acts.

117.235 Performance of notarial acts.—
(1) An online notary public is subject to part I of this chapter to the same extent as a notary public appointed and commissioned only under that part, including the provisions of s. 117.021 relating to electronic notarizations.
(2) An online notary public may perform notarial acts as provided by part I of this chapter in addition to performing online notarizations as authorized and pursuant to the provisions of this part.
History.—s. 10, ch. 2019-71.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part II - Online Notarizations (Ss. 117.201-117.305) › 117.275 - Fees for online notarization.

117.275 Fees for online notarization.—An online notary public or the employer of such online notary public may charge a fee, not to exceed $25, for performing an online notarial act under this part. Fees for services other than notarial acts, including the services of a RON service provider, are not governed by this section. A RON service provider’s services are also not considered closing services, as defined in s. 627.7711, and a fee for those services may be separately charged.
History.—s. 14, ch. 2019-71; s. 9, ch. 2021-137.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 117 - Notaries Public › Part II - Online Notarizations (Ss. 117.201-117.305) › 117.305 - Relation to federal law.

117.305 Relation to federal law.—This part supersedes the Electronic Signatures in Global and National Commerce Act as authorized under 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize the electronic delivery of the notices described in 15 U.S.C. s. 7003(b).
History.—s. 17, ch. 2019-71.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 118 - Civil-Law Notaries › 118.12 - Certification of Civil-Law Notary’s Authority; Apostilles.

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.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 119 - Public Records › 119.035 - Officers-Elect.

119.035 Officers-elect.—
(1) It is the policy of this state that the provisions of this chapter apply to officers-elect upon their election to public office. Such officers-elect shall adopt and implement reasonable measures to ensure compliance with the public records obligations set forth in this chapter.
(2) Public records of an officer-elect shall be maintained in accordance with the policies and procedures of the public office to which the officer has been elected.
(3) If an officer-elect, individually or as part of a transition process, creates or uses an online or electronic communication or recordkeeping system, all public records maintained on such system shall be preserved so as not to impair the ability of the public to inspect or copy such public records.
(4) Upon taking the oath of office, the officer-elect shall, as soon as practicable, deliver to the person or persons responsible for records and information management in such office all public records kept or received in the transaction of official business during the period following election to public office.
(5) As used in this section, the term “officer-elect” means the Governor, the Lieutenant Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture.
History.—s. 1, ch. 2012-25.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 119 - Public Records › 119.0711 - Executive Branch Agency Exemptions From Inspection or Copying of Public Records.

119.0711 Executive branch agency exemptions from inspection or copying of public records.—When an agency of the executive branch of state government seeks to acquire real property by purchase or through the exercise of the power of eminent domain, all appraisals, other reports relating to value, offers, and counteroffers must be in writing and are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until execution of a valid option contract or a written offer to sell that has been conditionally accepted by the agency, at which time the exemption shall expire. The agency shall not finally accept the offer for a period of 30 days in order to allow public review of the transaction. The agency may give conditional acceptance to any option or offer subject only to final acceptance by the agency after the 30-day review period. If a valid option contract is not executed, or if a written offer to sell is not conditionally accepted by the agency, then the exemption shall expire at the conclusion of the condemnation litigation of the subject property. An agency of the executive branch may exempt title information, including names and addresses of property owners whose property is subject to acquisition by purchase or through the exercise of the power of eminent domain, from s. 119.07(1) and s. 24(a), Art. I of the State Constitution to the same extent as appraisals, other reports relating to value, offers, and counteroffers. For the purpose of this subsection, the term “option contract” means an agreement of an agency of the executive branch of state government to purchase real property subject to final agency approval. This subsection has no application to other exemptions from s. 119.07(1) which are contained in other provisions of law and shall not be construed to be an express or implied repeal thereof.
History.—s. 1, ch. 85-18; s. 1, ch. 86-21; s. 1, ch. 89-29; ss. 19, 25, ch. 95-398; s. 7, ch. 2004-335; ss. 30, 31, ch. 2005-251; s. 1, ch. 2008-145.
Note.—
A. Additional exemptions from the application of this section appear in the General Index to the Florida Statutes under the heading “Public Records.”
B. Former s. 119.07(6)(n), (q).
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 119 - Public Records › 119.0715 - Trade Secrets Held by an Agency.

119.0715 Trade secrets held by an agency.—
(1) DEFINITION.—“Trade secret” has the same meaning as in s. 688.002.
(2) PUBLIC RECORD EXEMPTION.—A trade secret held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(3) AGENCY ACCESS.—An agency may disclose a trade secret to an officer or employee of another agency or governmental entity whose use of the trade secret is within the scope of his or her lawful duties and responsibilities.
(4) LIABILITY.—An agency employee who, while acting in good faith and in the performance of his or her duties, releases a record containing a trade secret pursuant to this chapter is not liable, civilly or criminally, for such release.
(5) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature.
History.—s. 1, ch. 2021-223.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 119 - Public Records › 119.084 - Copyright of Data Processing Software Created by Governmental Agencies; Sale Price and Licensing Fee.

119.084 Copyright of data processing software created by governmental agencies; sale price and licensing fee.—
(1) As used in this section, “agency” has the same meaning as in s. 119.011(2), except that the term does not include any private agency, person, partnership, corporation, or business entity.
(2) An agency is authorized to acquire and hold a copyright for data processing software created by the agency and to enforce its rights pertaining to such copyright, provided that the agency complies with the requirements of this subsection.
(a) An agency that has acquired a copyright for data processing software created by the agency may sell or license the copyrighted data processing software to any public agency or private person. The agency may establish a price for the sale and a licensing fee for the use of such data processing software that may be based on market considerations. However, the prices or fees for the sale or licensing of copyrighted data processing software to an individual or entity solely for application to information maintained or generated by the agency that created the copyrighted data processing software shall be determined pursuant to s. 119.07(4).
(b) Proceeds from the sale or licensing of copyrighted data processing software shall be deposited by the agency into a trust fund for the agency’s appropriate use for authorized purposes. Counties, municipalities, and other political subdivisions of the state may designate how such sale and licensing proceeds are to be used.
(c) The provisions of this subsection are supplemental to, and shall not supplant or repeal, any other provision of law that authorizes an agency to acquire and hold copyrights.
History.—s. 1, ch. 2001-251; s. 9, ch. 2004-335; s. 1, ch. 2006-286.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 119 - Public Records › 119.092 - Registration by Federal Employer’s Registration Number.

119.092 Registration by federal employer’s registration number.—Each state agency which registers or licenses corporations, partnerships, or other business entities shall include, within its numbering system, the federal employer’s identification number of each corporation, partnership, or other business entity registered or licensed by it. Any state agency may maintain a dual numbering system in which the federal employer’s identification number or the state agency’s own number is the primary identification number; however, the records of such state agency shall be designed in such a way that the record of any business entity is subject to direct location by the federal employer’s identification number. The Department of State shall keep a registry of federal employer’s identification numbers of all business entities, registered with the Division of Corporations, which registry of numbers may be used by all state agencies.
History.—s. 1, ch. 77-148; s. 9, ch. 2018-110.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 119 - Public Records › 119.10 - Violation of Chapter; Penalties.

119.10 Violation of chapter; penalties.—
(1) Any public officer who:
(a) Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500.
(b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who willfully and knowingly violates:
(a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 10, ch. 67-125; s. 74, ch. 71-136; s. 5, ch. 85-301; s. 2, ch. 2001-271; s. 11, ch. 2004-335.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 119 - Public Records › 119.105 - Protection of Victims of Crimes or Accidents.

119.105 Protection of victims of crimes or accidents.—Police reports are public records except as otherwise made exempt or confidential. Every person is allowed to examine nonexempt or nonconfidential police reports. A person who comes into possession of exempt or confidential information contained in police reports may not use that information for any commercial solicitation of the victims or relatives of the victims of the reported crimes or accidents and may not knowingly disclose such information to any third party for the purpose of such solicitation during the period of time that information remains exempt or confidential. This section does not prohibit the publication of such information to the general public by any news media legally entitled to possess that information or the use of such information for any other data collection or analysis purposes by those entitled to possess that information.
History.—s. 1, ch. 90-280; s. 2, ch. 2003-411; s. 12, ch. 2004-335.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 119 - Public Records › 119.11 - Accelerated Hearing; Immediate Compliance.

119.11 Accelerated hearing; immediate compliance.—
(1) Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases.
(2) Whenever a court orders an agency to open its records for inspection in accordance with this chapter, the agency shall comply with such order within 48 hours, unless otherwise provided by the court issuing such order, or unless the appellate court issues a stay order within such 48-hour period.
(3) A stay order shall not be issued unless the court determines that there is a substantial probability that opening the records for inspection will result in significant damage.
(4) Upon service of a complaint, counterclaim, or cross-claim in a civil action brought to enforce the provisions of this chapter, the custodian of the public record that is the subject matter of such civil action shall not transfer custody, alter, destroy, or otherwise dispose of the public record sought to be inspected and examined, notwithstanding the applicability of an exemption or the assertion that the requested record is not a public record subject to inspection and examination under s. 119.07(1), until the court directs otherwise. The person who has custody of such public record may, however, at any time permit inspection of the requested record as provided in s. 119.07(1) and other provisions of law.
History.—s. 5, ch. 75-225; s. 2, ch. 83-214; s. 6, ch. 84-298.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 119 - Public Records › 119.12 - Attorney Fees.

119.12 Attorney fees.—
(1) If a civil action is filed against an agency to enforce the provisions of this chapter, the court shall assess and award the reasonable costs of enforcement, including reasonable attorney fees, against the responsible agency if the court determines that:
(a) The agency unlawfully refused to permit a public record to be inspected or copied; and
(b) The complainant provided written notice identifying the public record request to the agency’s custodian of public records at least 5 business days before filing the civil action, except as provided under subsection (2). The notice period begins on the day the written notice of the request is received by the custodian of public records, excluding Saturday, Sunday, and legal holidays, and runs until 5 business days have elapsed.
(2) The complainant is not required to provide written notice of the public record request to the agency’s custodian of public records as provided in paragraph (1)(b) if the agency does not prominently post the contact information for the agency’s custodian of public records in the agency’s primary administrative building in which public records are routinely created, sent, received, maintained, and requested and on the agency’s website, if the agency has a website.
(3) The court shall determine whether the complainant requested to inspect or copy a public record or participated in the civil action for an improper purpose. If the court determines there was an improper purpose, the court may not assess and award the reasonable costs of enforcement, including reasonable attorney fees, to the complainant, and shall assess and award against the complainant and to the agency the reasonable costs, including reasonable attorney fees, incurred by the agency in responding to the civil action. For purposes of this subsection, the term “improper purpose” means a request to inspect or copy a public record or to participate in the civil action primarily to cause a violation of this chapter or for a frivolous purpose.
(4) This section does not create a private right of action authorizing the award of monetary damages for a person who brings an action to enforce the provisions of this chapter. Payments by the responsible agency may include only the reasonable costs of enforcement, including reasonable attorney fees, directly attributable to a civil action brought to enforce the provisions of this chapter.
History.—s. 5, ch. 75-225; s. 7, ch. 84-298; s. 13, ch. 2004-335; s. 1, ch. 2017-21.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 120 - Administrative Procedure Act › 120.50 - Exception to Application of Chapter.

120.50 Exception to application of chapter.—This chapter shall not apply to:
(1) The Legislature.
(2) The courts.
History.—s. 1, ch. 74-310; s. 3, ch. 77-468; s. 1, ch. 78-162.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 120 - Administrative Procedure Act › 120.515 - Declaration of Policy.

120.515 Declaration of policy.—This chapter provides uniform procedures for the exercise of specified authority. This chapter does not limit or impinge upon the assignment of executive power under Article IV of the State Constitution or the legal authority of an appointing authority to direct and supervise those appointees serving at the pleasure of the appointing authority. For purposes of this chapter, adherence to the direction and supervision of an appointing authority does not constitute delegation or transfer of statutory authority assigned to the appointee.
History.—s. 7, ch. 2012-116.