Bulletin: FL2019004

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Bulletin: FL2019004

Bulletin Document
V 1
Date: December 30, 2019
To: All Florida Issuing Offices
RE: UNDERWRITING - Statutory Changes to Notarial Requirements effective January 1, 2020

Dear Associates:

As noted in Florida Bulletin FL2019003, recently enacted House Bill 409 amended various Florida Statutes to create an online notary public authorizing remote notarization without the notary being in the same physical location as a signatory/witness to the instrument being notarized. In addition, provisions of the act provide for changes in the requirements for ALL Notarial Certificates and Jurats to be issued by Florida notaries on or after January 1, 2020.

FS section 117.05(4) was amended to add the requirement that “The jurat or certificate of acknowledgment shall contain the following elements: “Whether the signer personally appeared before the notary public at the time of the notarization by physical presence or by means of audio-video communication technology as authorized under part II of this chapter.” This requirement applies whether the Act is performed remotely or not. Statutory forms found in FS 117.05(13) and 695.25 have been amended to add this requirement. In addition, where notarization is done remotely, FS 117.265(7) requires that “The electronic notarial certificate for an online notarization must include a notation that the notarization is an online notarization which may be satisfied by placing the term “online notary” in or adjacent to the online notary public’s seal.”

Florida notaries and title agents should modify acknowledgment and jurat certificates on their documents as soon as possible for use on or after January 1, 2020, although please note that the new forms may be utilized prior to January 1, 2020. If printed forms are not modified, addition of the required changes by manual insertion is acceptable.

Below please find Notarial Certificates/forms acceptable to Stewart and in compliance with current Statutory requirements, although use of these forms is not mandatory and Stewart Agents are free to use the statutory Forms of Acknowledgment and Jurat Forms found in FS 117.05(13) and 695.25.

1.  Individual Acknowledgment

STATE OF _______________

COUNTY OF _____________ 

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ___ day of ________, 2020, by ___________________ (name of person acknowledging). 

Personally Known ☐ OR Produced Identification ☐  

Type of Identification Produced: ____________________ 

_____________________________________
(Signature of Notary Public)  

_____________________________________  
(Print, Type, or Stamp Commissioned Name of Notary Public)  

My Commission expires:  _______________

Affix Notary SEAL 

Online Notary: ☐ (Check Box if acknowledgment done by Online Notarization)

2.  For a Corporation: 

STATE OF _______________

COUNTY OF _____________ 

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ___ day of ________, 2020, by   (name of officer or agent, title of officer or agent)   of   (name of corporation acknowledging)  , a   (state or place of incorporation)   corporation, on behalf of the corporation.

Personally Known ☐ OR Produced Identification ☐  

Type of Identification Produced: ____________________ 

_____________________________________
(Signature of Notary Public)  

_____________________________________  
(Print, Type, or Stamp Commissioned Name of Notary Public)  

My Commission expires:  _______________ 

Affix Notary SEAL 

Online Notary: ☐ (Check Box if acknowledgment done by Online Notarization)

3.  Oath or Affirmation- Individual 

STATE OF FLORIDA

COUNTY OF   

Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this ___ day of ________, 2020, by ___________________ (name of person making statement).

Personally Known ☐ OR Produced Identification ☐  

Type of Identification Produced: ____________________ 

_____________________________________
(Signature of Notary Public)  

 _____________________________________  
(Print, Type, or Stamp Commissioned Name of Notary Public)  

Affix Notary SEAL

Online Notary: ☐ (Check Box if acknowledgment done by Online Notarization)

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.


References

Bulletins Replaced:
  • None
Related Bulletins:
Underwriting Manual:
  • None
Exceptions Manual:
  • None
Forms:
  • None