Changes to Florida Notarization Statutes
Effective January 1, 2020, Florida’s notary law changed. Remote notarization will now be permitted if certain conditions are met. If all requirements are met and the notary qualifies, notarization can be accomplished through video feed and recording. For the notary to qualify, the notary must complete a 2 hour training course, post a $25,000 bond, and obtain $25,000 of errors and omissions insurance coverage. There are also changes to Florida Statutes section 117.05 regarding the form of the notary block to be contained on instruments and affidavits. The changes in the notary form ARE MANDATORY (on all forms regardless of whether the notarization is in person or electronic). Please refer to Fla. Stat. 117.05(13) for the proper notary block to use. The failure to include the proper language commencing January 1, 2020, may result in the document being rejected for purposes of recording.
Also, below are some relevant corporate cases.
Mattress One, Inc. v. Sunshop Properties, LLC, Case No. 3D19-0307 (Fla. 3d DCA 2019).
A registered agent’s unavailability during the statutorily required times does not allow a process server to serve anyone at the business premises without first complying with Florida Statute section 48.081(1) (which states that a return of service must show the absence of all officers of a superior class designated in the statute before service can be obtained by serving an officer or agent of an inferior class).
Mantilla v. Fabian, Case No. 4D18-2429 (Fla. 4th DCA 2019).
A general release arising out of the sale of a business does not preclude a later claim of fraud in the inducement, unless the release specifically states that fraud is not grounds for rescission.
Villa Bellini Ristorante & Lounge, Inc. v. Mancini, Case No. 2D18-2249 (Fla. 2d DCA 2019).
Florida law permits mandamus proceedings to allow shareholders in private corporations to inspect their corporation’s books and records.
Stacknik v. U.S. Bank National Association, Case No. 2D18-2156 (Fla. 2d DCA 2019).
A mailing log is sufficient additional evidence to establish the mailing of a condition precedent letter.
