1st Year 2017 Municipal Clerk 101 Toolbox - floridaclerks.org9B4229C7-1CD8-4A6D-8111... ·...

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EARLY BEGINNINGS

Before there were Mayors, Town Councils and Town Managers, there were Town Clerks. The municipal Town Clerk, along with the Tax Collector, is known as the oldest of public servant in local government.

The title “Clerk” as we know it today, found its beginnings back in 1272 A.D. in the history of Old London. The term “Clerk” came from the Latin “clericus” and referred to one who could read, write and who could, therefore, serve as a notary, secretary, accountant, and recorder.

EARLY BEGINNINGS

The profession traces back before Biblical times. For example, the modern Hebrew translation of the Town Clerk is “Mazkir Ha’ir” which literally translated, means city or town “Reminder.”

The early keepers of archives were often called “Remembrancers;” and before writing cam into use, their memory served as the public record.

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EARLY BEGINNINGS

Ancient Greece had a city secretary who read official documents publicly.

At the opening of meeting, one of his first duties was to decree a curse upon anyone who should seek to deceive the people.

EARLY BEGINNINGS

St. Paul and his followers during his missionary work in Persia (now Western Turkey) owned their safety to the action of a town clerk.

Acts 19:22‐41 written in A.D. 58, the artisans of Ephesus who made the idols of the time, feared the effect of Paul’s missionary work on their trade.

The incited a mob to seize two of Paul’s followers. The Town Clerk, however, spoke out against this action and insisted that charges laid against these men had to be settled in the proper manner before the proper authorities. There was no justification for riotous conduct. With that, he dispersed the crowd.

EARLY BEGINNINGS

Reportedly, the regency line of France descends from the office of the Clerk! According to James Bryce in his book "The Holy Roman Empire," there is a direct link between the position of Mayor of the Palace, a clerical post created by the Merovingian Kings of France, and all subsequent Kings of France.

In the eighth century, the Frankish Kings of France depended on the Mayor of the Palace to perform all manner of clerical and administrative tasks for the King including collecting taxes and fees, publishing documents, keeping state records and assisting in the enforcement of the King's justice.

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EARLY BEGINNINGS

In 751, the Merovingian King, Childeric, was deposed and his assistant, Pippin, the Mayor of the Palace, became not only the monarch of France but was simultaneously created a Patrician of Rome by Pope Gregory the Third. Pippin was, in turn, father of the great Charlemagne, the first Holy Roman Emperor and founder of the Carolingian Dynasty of Europe on High, which in successive generations, produced the Kings of France, as well as the Emperors of Germany and Austria.

DEVELOPMENT IN ENGLAND

The title "Clerk" as we know it developed from the Latin clericus. During the Middle Ages, when scholarship and writing were limited to the clergy, clerk came to mean a scholar, especially one who could read, write, and thus serve as notary, secretary, accountant and recorder.


In ancient England, the township (surrounded by its hedge or “tun”) and the borough (an outpost fortified with a wall) developed a strong system of democratic local government.

One of the first officials these freeman elected was the “Clarke.”

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The beginning of the office of the city clerk in England can be traced back to 1272 A.D. in the history of the Corporation of Old London.

The “Remembrancer” was called upon to remind the councilors (members of the council) what had transpired at their previous meetings, since the meeting of the early councils were not recorded in written minutes.


In 1354, the Mayor of Nottingham appointed the Clarke and provided for his remuneration. In 1439, Symkyn Birches was awarded the office of “TounClerk” in another community for the rest of his life.

In 1477 Thomas Caron, a town clerk, was the first English printer, and served as a diplomat for the King.

In 1485, Nicholas Lancaster, the Clarke, became Mayor of York.


In the 1500’s in England, there were not only the “Town Clark” but also the Clerc Comptroller” of the Kings Honorable Household.

In 1603, there was a “Clarke General of the Armie.” Indeed, King Henry the Eighth had a “Clarke of the Spicery” and King Charles had his “Clark of the Robes.”

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Perhaps, the strongest statement of the unique position occupied by the Municipal Clerk is by an English County in the Middle Ages ruling in the case, Hurle‐Hobbs ex parte Riley and another. Concerning this case, Chief Justice Lord Caldecote, observed:


“The office of town clerk is an important part of the machinery of local government. He may be said to stand between the local Council and the ratepayers. He is there to assist by his advice and action the conduct of public affairs in the borough and, if there is a disposition on the part of the council, still more on the part of any member of the council, to ride roughshod over his opinions, the question must at once arise as to whether it is not his duty forthwith to resign his office or, at any rate, do what he thinks right and await the consequences.”

COLONIAL DEVELOPMENT

When the early colonists came to America they set up forms of local government to which they had been accustomed, and the office of the clerk was one of the first established.

When the colonists first settled in Plymouth they quickly appointed a person to act as recorder.

That person kept all the vital records for birth, marriages, and deaths for the church, as well as various other records of appointments, deeds, meetings, and the election of officers at the town meetings.

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In Massachusetts, the town clerk was one of the earliest offices established in colonial towns.

The settlers were well aware of the importance of keeping accurate written records of their agreements and actions including:

Grants of land

Regulations governing animals

Collection of taxes

And the expenditure of town funds


The person given the responsibility of recording these orders was also often given other duties, such as sweeping the meeting‐house and selling the seats, ringing the bell, and paying the bounty for jays and blackbirds whose heads were presented to him by the citizens.

By the middle of the 17th century, the title town clerk appears in town records ad this title has continue to the present.


One of the earliest statutory duties imposed by the Nassachusetts General Court on town clerks was recording births, deaths, and marriage.

By 1692, the town clerk was required to enter and record divisions of land and orders of the selectmen as well as all town votes, orders and grants.

Between 1742 and 1756, the General Court made the town clerk necessary, to substantiate a person’s voting rights. The town clerk was required to administer and record the oath of office taken by town officials.

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By 1776, the town clerk was empowered to call town meetings to elect selectmen if a majority of the selectman had moved from the town or were absent in the service of the country.

The office of the town clerk in Wethersfield, Connecticut, was established in 1639 and that person was to “keep a record of every man’s house and land,” and to present a “fairly written” copy of such to every General Court to be recorded by the secretary of the colony.

In the first municipal election in New York City in 1689, the office of Sheriff, Mayor and City Clerk were on the ballot.


The Puritan town of Woodstock, Masschusetts, appointed a town clerk in 1693 to record deeds and mortgages and to record the books.

Because the town’s people wanted to keep him on a permanent basis, he was given 20 acres of land and a fee of 12 pence for each town meeting plus 6 pence for each grant filed.

The Town Clerk of Middleboro, Mass., on the other hand was compensated with “one load of fish taken at the herring‐weir and delivered to his house.” Three centuries later, one of his seventh‐great grandchildren is serving as a City Recorder of the City of Newport, Oregon.

Summary

Over the years, Municipal Clerks have become the hub of government, the direct link between the inhabitants of their community and their government.

The Clerk is the historian of the community, for the entire recorded history of the town (city) and its people is in his or her care.

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Summary The eminent political scientist, Professor William

Bennett Munro, writing in one of the first textbooks on municipal government (1934), stated: “No other office in municipal service has so many

contracts. It serves the Mayor, the city council, the city manager, (when there is one), and all administrative departments without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular but it demands versatility, alertness, accuracy, and no end of patience. The public does not realize how many loose ends of city administration this office pulls together.”

The words, written more than 80 years ago, are even more appropriate today.

FLORIDA’S PUBLIC RECORD ACT

Patricia J. Burke, MPA, Master Municipal Clerk

Town of Palm Shores

WHAT IS FLORIDA’S PUBLIC RECORDS LAW AND WHAT

DOES IT APPLY TO?

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IT IS A GUARANTEED CONSTITUTIONAL RIGHT

Art I, Section 24 of the Florida Constitution set forth Florida’s Public Records law and states:

Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution.

Requests DO NOT have to be made in writing.

Requests DO NOT have to be for a special or legitimate interest/reason.

Requestors DO NOT have to give their name.

New 2017 Legislation

CS/CS/SB/80 Effective May 23, 2017.

The new law relates specifically to the award of attorney fees in public record civil actions, it’s intended to address the abuses in the public records process over the past several years.

It is designed to accomplish three (3) primary goals:

To be entitled to an award of attorney fees A complainant (requestor) must provide written notice of a public record request to the custodian of public records (which is typically the Clerk);

a complainant must not have requested to inspect or copy a public record or participated in the civil action for an “improper purpose;”

and if there is an “improper purpose” the complainant may not recover any costs or attorney fees and is responsible for paying for the city’s costs and attorney fees in the civil action.


A condition for the custodian of public records to receive written notice of the public record request is that the custodian’s contact information mu be PROMINENTLY POSTED at the city’s PRIMARY ADMINISTRATIVE BUILDING (in which the public records are routinely created, sent, received, maintained and requested) and on the CITY’S WEBSITE (if the city has a website),.

If the custodian’s contact information is not prominently posted, the complainant is not required to provide the written notice of the public record request. This means that a public record requestor could make either a verbal public record request or make a public record request to a person other than the custodian, and my be able to recover attorney fees upon meeting the other conditions of the law.

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It is highly recommended that each city prominently post the custodian’s contact information in the city’s primary administrative building (typically city hall) and on the city’s website. The contact information should include:

The name of the custodian of public records

Mailing address

Email address

Telephone number

Fax number

The new law applies only to public record requests made on or after the effective date of the law. Therefore, in order to take full advantage of the protections under the new law you are encouraged to prominently post the contact information for the city’s custodian of records immediately.

IT IS EXTREMELY BROAD IN SCOPE

Florida Statutes §119.011(12) defines “public records” as:

All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.

The nature of the record (not the physical location or physical form) dictates whether it is a public record and what applicable retention schedule should apply.

The Records Custodian is legally responsible for supervision, care, maintenance, control or guardianship of the record.

ITEMS THAT FALL WITHIN THE DEFINITION OF A “PUBLIC RECORD”

Records contained and stored on a computer

District financial records including budgets and working papers

Draft documents

All documents exchanged between the District, its representatives and attorneys, including attorney bills, unless the District is involved in pending litigation.

E-mail messages

Website blogs and message boards

Documents contained on a password protected website link can be a public record if they are placed there to communicate official business of the agency

Communications on social networking sites.

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ITEMS THAT HAVE BEEN FOUND NOT TO BE PUBLIC RECORDS

Personal notes when they are solely for the persons own use in remembering things are not a public record. The Justice Coalition v. The First District Court of Appeals Judicial Nominating Commission, 823 SO. 2nd 185 (Fla. 1st

DCA 2002).

Private E-mails stored in government computers does not automatically become a public record by virtue of that storage. State v. City of Clearwater, 863 SO 2d 149 (Fla. 2003).

ITEMS THAT COULD BE A PUBLIC RECORD

Notes when they are intended to communicate, perpetuate or formalize knowledge. Miami Herald Media Co. v. Sarnoff, 971 SO 2d 915 (Fla 3rd DCA 2007).

Text messaging and Blackberry “pinning” – Maybe?!?!?!?!. Inf. Op. Att’y Gen. Fla. June 2, 2009

WHAT IS EXEMPT FROM PUBLIC RECORDS

The Legislature has carved out limited exemptions from the Public Records law all of which are narrowly construed

If an exemption is applicable, it must be stated in writing and must contain the statutory citation to the exemption. Fla. Stat. §119.071(1)(e).

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WHAT IS THE AGENCY RESPONSIBILITY REGARDING EXEMPT RECORDS?

Maintain the confidentiality and exempt status of your agency public records and those of any other agency document or information that you may have received through the course of official business

Before release or disclosure, REVIEW and REDACT all confidential and/or exempt information/document/material.

Redact only that part that is exempt unless the whole document or material is exempt

Do not alter/mark original document/material. Make a copy and then redact on the copy

Identify the specific statutory exemption you rely upon to redact the information/document/material.

LIST OF EXEMPT RECORDS:

Address/identification confidentially of certain classes of high-risk professionals places of employment, and schools of their spouses and children.

Active and former state or federal judicial or quasi-judicial or administrative law judges, local, statewide, or federal prosecutors, public defenders and other criminal or civil regional counsel, human resource/labor relations officers, law enforcement officers, corrections officers, probation officers, code enforcement officers, guardians ad litem, child abuse investigators, certain Department of Juvenile Justice personnel, certified firefighters, social services counselors request may extend to their children and spouses--- active or former profession---exemption lasts forever even if divorce or child is an adult (See section 119.071(4)(d)1., 110.071(5)(i), Florida Statues.

Home address, telephone number, photo, social security number.


Driver’s licensees’ information

Domestic violence victims – name, address, phone number-victims must be registered with ACP for confidentiality.

Stalking victims – name, address, phone number – victims must file “statement of stalking” with the Attorney General ACP.

Registration information for these AG program participates are processed entirely manually and outside of the Florida Voter Registration System.

Victims of certain violent crimes – only addresses and other identifying formation exempt – written request for exemption must include official verification of crime (this is not an ACP participant; person is still registered on rolls).

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Absentee ballot request information that is collected or received to process an absentee ballot request. The fact that you voted absentee IS NOT exempt from disclosure after election.

Exceptions to exemption: canvassing board, an election official, a political party or official thereof, a candidate who has filed qualification papers an is opposed in an upcoming election, a registered political committee, a registered committee of continuous existence, and a voter (only his or her own information).

User identification and passwords help by the Department of State pursuant to electronic filing of solicitation and campaign contributions

All campaign reporting records until report is finally submitted

Sworn complaint regarding campaign financing until determination of probably cause or other subsequent proceeding


Minimum security procedures are not exempt EXCEPT as pertains to the part that may contain:

Data processing software either as a trade secret or agency produced data processing software that is sensitive. (All voting software filed with the state).

Software prepared by the state is NOT exempt from Chapter 119 Florida Statute.


Information relating to security systems and plans (that would include any information that would compromise the security of the voting system by facilitating modification, disclosure or destruction of data or information technology resources (e.g. IP addresses, passwords, list of those with access etc.)

The release of such information coupled with other information in public domain could directly or indirectly be used to figure out how to decode the security system. The public disclosure of modem numbers could be used to tie up phone lines leading to a collapse with a computer system.

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Work products developed by the public employer during or in preparation for collective bargaining negotiations – Fla. Stat. §447.605

Documents exchanged between the District and its attorney when there is pending or threatening litigation - Fla. Stat. 119.071

Complaints relating to discrimination, discipline, employee performance until a finding is made as to a probable cause, the complaint is inactive, or the complaint is made part of a court proceeding - Fla. Stat. 119.071

Sealed competitive bids or proposals until the agency provides either notice of a decision or within 10 days after bid opening (whichever is earlier) - Fla. Stat. 119.071

PUBLIC RECORDS MANAGEMENT

Law requires retention, record-keeping, storage and disposition

Oversight by the Division of Library and Information Service oversight/Bureau of Records Management

Promotes efficient, effective and economical management of public records (space savings, increased efficiency of information and document retrieval especially for responding to public records, better identification and protection of records, control over creation of new records).

PUBLIC RECORDS MANAGEMENT Retention

Retention schedule: establishes minimum time you must keep public records. If there is no applicable schedule item, you must keep the records until a specific one is created. Adhere to the schedule: you cannot produce what you no longer legally have. Corollary: you have to produce what you do still have (even if the retention period has passed or you don’t know where the record is).

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PUBLIC RECORDS MANAGEMENTUnique records – Email

Examine the content, purpose, or nature of public record to determine applicable retention schedule.

See also Retention Schedule of State and Local Government at:

http://dlis.dos.state.fl.us/barm/genscyhedules/GS1-SL.pdf

PUBLIC RECORDS MANAGEMENTOriginals – Paper versus Electronic

Master Record can consist of scanned or electronic copy of the original public record – scanning must comply with imaging requirements and electronic recordkeeping rules and verification for completeness and accuracy of electronic records – See Rules 1B-24, 1B-26.003, FAC

Electronic/scanned version has same force and effect as original for evidentiary purposes or authentication

Disposition/destruction form must state that “paper records are duplicates of electronic records “master record”

WHO DO PUBLIC RECORDS LAWS APPLY TO?

Every person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of public records or the custodians designee.

Section 119.07(1)(a), Florida Statutes

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WHEN DOES THE DISTRICT HAVE TO RESPOND TO A PUBLIC RECORDS REQUEST?

The records custodian of the agency or his/her designee is responsible for making public records available for inspection and/or copying “at any reasonable time, under reasonable condition.” Fla. Statute §119.07

The Public Records Act does not contain a specific time limit.

WHAT ABOUT EXCESSIVE OR OVERBROAD REQUESTS?

Districts cannot refuse to produce records because the request is excessive or overbroad.

Fees may be charged for copying costs and special service charges for “extensive use” of clerical or supervisory labor, or “extensive” information technology.

HOW AND WHEN TO COMPLY?

Acknowledge receipt of the public records request

Respond in good faith. That includes making reasonable efforts to determine from other agency officers and employees whether record exists and how to access.

Provide estimated time to respond and cost to produce

Allow for inspection and copying at any reasonable time under reasonable conditions and under custodian’s supervision.

Identify any applicable exemptions

Provide in reasonable time under reasonable circumstances.

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WHAT TO PROVIDE?

Public records except what is exempt under law (not an excuse not to give if you have copy of record but you are not official custodian).

What already exists in a format maintained. You are under no obligation to create a record or reformat a record just to respond to a request.

You may be required to create or provide access through specifically designed programs, at the requester’s expense if:

Records stored in the computer are not accessible in existing computer program format

Current format does not protect confidential and exempt information

Current format does not fairly or meaningfully represent the record

Court decides exceptional circumstances exist

HOW MUCH CAN I CHARGE?

Fees for duplication: Actual cost

Copying document fees: 15 cents per one-sided page and 20 cents for two-sided page, unless law says otherwise

Fees for Certified Copies: $1.00 per copy of record

Special Service Charge: If the nature or volume of public records requested to be inspected or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both.

WHAT IF THERE IS A DISPUTE?

Attempt to resolve it

Participate in voluntary mediation with the Attorney Generals Office

Expect judicial action by the requestor if not resolvable

Request an opinion from the Attorney General’s Office regarding an interpretation of a public records provision

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PENALTIES

What are the penalties for violation?

If one violates, fined up to $500.00

If one KNOWINGLY violates, subject to removal from office and may be charged with a 1st degree misdemeanor

WORDS OF ADVICE

“DON’T GET BURNED” (sometimes you just have to sweat through the public records request

Respond to the public records request in a reasonable and timely manner.

Establish and maintain good records management procedures.

Ask for clarification or guidance if you are uncertain:

Florida Department of State’s Records Management Center

Divisions of Elections/General Counsel’s Office/Florida Department of State

Attorney General’s Office for Advisory Opinions

WORDS OF ADVISE

If you have a District issued email account, then use it. Try not to use your personal email account if you can avoid it!

If you are using your own personal email account, them make sure you always copy the Records Custodian on your communications

Until record retention can be ensured, adopt a policy that prohibits the use of “texting”, “pinning”, or social networking for District business

When in doubt about whether a communication is subject to Sunshine and Public Records Laws, consult your legal counsel.

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Florida Association of City Clerks Municipal Clerk 101

Minutes Overview

Develop effective minute taking skills

Provide tools and techniques to enable skills

Introduce minute taking methods

Cover essential topics in a short time

Preparation for minute taking

– Active listening

– Critical thinking

– Accurate and clear writing

Objectives

Learn to use tools

Develop listening and writing skills

Develop speed writing skills

Identify key and mail points

Develop comprehension skills

Benefits

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Provide clear, concise, coherent, and accurate summary of a meeting

Records decisions and actions made at a meeting

Provide a review document for the next meeting

Used to recommend action

Minutes should be about what was DONE, not what was SAID

Purpose of Minutes

Summarize discussions

Accurately summarize decisions and agreed actions

Provide a prompt for matters to be discussed at the next meeting

Provide an account of decisions for staff and the public

Minutes Should:

City Name

Time, date, and location of meeting

Names and titles of members present

Names and titles of members excused

All items discussed in order of the agenda

Agreed actions

Who made the motion, who seconded, and did it pass or fail

Minutes should be approved at the next meeting

Minutes Should Include:

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Blow by blow account of discussion

Specifying who said what

Reports on off‐track discussions

Optional items that could embarrass someone

Minutes Should Avoid:

Be objective

– Do not interpret mood or tone

Consistency

– Comply with, content and format standards that are City policy

Professionalism

– Proofread technical terms before circulating minutes

Logical Flow

– All events that relate to an item should be grouped together

Archive(‐ability)

– Minutes should be easy to archive and retrieve

Minute Tips

Would someone who did not attend the meeting understand:

– The main points of the discussion?

– The decisions reached?

– The required actions?

Ask Yourself This Question:

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Meeting are tools for generating ideas, expanding through processes, and managing group activities

Listen carefully

Accurately note FACTS, DECISIONS, ACTIONS

During the Meeting

Prepare minutes ASAP

Be concise

Write in the third person and past tense (“it was reported that……”)

Follow the order of the agenda

Give each item a heading

Record the exact wording of actions

Use speech marks for direct quotes

Do not use jargon or abbreviation

After the Meeting

Three main styles of minute taking

– Verbatim Minutes

– Summary Minutes

– Action Minutes

THE ART OF TAKING MINUTES:

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Verbatim Minutes

– Are a record of every single word said at a meeting; this type is likely to be used to capture what happened at a disciplinary hearing for example. They are often long and can be difficult to skim for a particular piece of information.


Summary Minutes

– This type of minutes are the most commonly used. They include the discussion leading up to a decision and the action as a result. Summary minutes are normally written in full sentences rather than bullet points and are useful as a reminder for participants after the meeting and also ensure that absent colleagues are able to know what decisions were made and the discussion leading up to those decisions.

– They can also be used to trace a history of a project.


Action Minutes

– This type of minutes simply record what actions have been decided upon, who is responsible and what the milestones and deadlines are.

– The purpose of these minutes is to provide only a record of decisions that require action.


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1. Ask yourself, as you're taking notes, "Will it matter in two days, two weeks, two months, two years?” If yes, include it.

2. Summarize. Don't record conversations word for word.

3. Do record motions word for word state carried or failed

4. Use keywords vs. sentences. Tip: Record minutes in a steno pad. On the left side, write keywords; on the right side, make short notations on the keywords

5. Keep emotions out of the minutes—yours and those of attendees.

Best Practices

6. Be an active listener. "If someone makes a motion and you didn't hear it clearly, interrupt the meeting and ask,”

7. Reflect accurately the order of the discussion, even if doesn't follow the agenda.

8. Take your laptop for minute‐taking. It's an extreme timesaver.

9. Create bulleted lists when recording a list of comments, suggestions or concerns.

10. Remember to indicate who make the motion and who was the seconder.

Best Practices

QUESTIONS?

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The Basics

OrdinanceandResolutions

• Ordinances and resolutions are the legal mechanism by which elected bodies set matters of law or policy.

• Procedures for the adoption of most ordinances and resolutions are prescribed in the Florida Statutes 166.041.

• While a city council may specify additional procedural requirements, it may neither lessen nor reduce the requirements of the statute, or other requirements as provided by general law.

ProceduralRequirements

• Certain requirements apply to all formal policy‐making by city councils. These requirements, as specified in the Florida Statutes, are as follows:

• Each ordinance or resolution shall be introduced in writing

• Each ordinance or resolution shall embrace but one subject and matters properly connected

• The subject of each ordinance or resolution shall be clearly stated in the title

• No ordinance shall be revised or amended by reference to its title only

• An ordinance to revise shall set out in full the revised or amended part.

GeneralRequirements

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• A proposed ordinance must be read, either by title or in full, on at least two separate days.

• At least 10 days prior to adoption, a proposed ordinance must be noticed once in a newspaper of general circulation in the city; this notice shall state the date, time, and place of the meeting at which the ordinance my be adopted, title of the proposed ordinance, and places where the proposed ordinance may be inspected. The notice shall also advise that interested parties may be heard at the meeting.

• By a two‐thirds vote, the council may enact an emergency ordinance without complying with these notice requirements; however, neither changes to land uses or zoning nor amendment of a land‐use plan may be done by emergency ordinance.

GeneralRequirements(cont’d)

• A majority of the council’s members shall constitute a quorum; any ordinance or resolution must be approved by an affirmative vote of a majority of the quorum present, except that two‐thirds of all members is required for enactment of an emergency ordinance.

• Votes on final passage shall be entered on the official record of the meeting.

• All ordinances and resolutions become effective as provided therein or, otherwise, 10 days after passage.

• Every approved ordinance or resolution shall be recorded in a book kept for that purpose and shall be signed by the presiding officer and the clerk of the governing body.

GeneralRequirements(cont’d)

• Florida law does not prescribe a form for ordinances. Most Florida municipalities, however, follow a few general rules which determine the form of their ordinances. Under these rules, each ordinance contains three principal parts:

• The preamble, which contains the number, title and enacting clause of the ordinance;

• The body, which contains the exact text of the ordinance; and

• The trailer, which contains the effective date and any posting and publication information.

FormandContentofOrdinances

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• In the preamble the number of the ordinance or resolution usually relates to the date of enactment.

• Most municipalities use a numbering system that identifies the year and the order of enactment in that year (e.g. 2015‐01, 2015‐02 etc.).

• There is no legal requirement for an ordinance number at all, but numbering is a custom followed by municipalities , as a matter of convenience.

Preamble

• The title should be brief and descriptive. • It should clearly identify the subject of the ordinance. • It should include a statement of the effect of the ordinance.

• If a section of municipal code is being amended or repealed, this should be noted in the title.

• The enacting clause contains formal language which introduces the legislative language which follows; for example: “Be it ordained by the City Council of the City of ………”

• The enacting clause may also contain “Whereas” statements, a statement of purpose, a statement of objectives, or other introductory material which is not part of the essential legislative content of the ordinance.

Preamble(cont’d)

• The body of the ordinance contains the exact text which is to be added to the municipal code.

• If the ordinance relates to a section of the municipal code, the number and title of that section must be clearly identified.

• The body is the only portion of the ordinance which will be incorporated into the municipal code; therefore, all essential content of the ordinance must be contained in the body of the ordinance.

Body

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• The trailer contains the effective date of the ordinance, if required.

• State law provides that all ordinances or resolutions “shall become effective 10 days after passage or as otherwise provided therein;” therefore, an effective date should be provided in the ordinance only if it is to be different from this automatic date.

• Publication of ordinances and resolutions after final passage is not required by state law, nor is it required by all municipal charters.

Trailer

• If the charter does require publication, the trailer should include notice of where a copy of the enactment will be posted, the newspapers in which and the number of times it will be advertised, and the other governmental offices which will receive a copy of the document.

Trailer(cont’d)

• Each municipality must keep records of all ordinances and of all resolutions which may have long‐range effects, such as a resolution appointing a municipal official – pursuant to the State Records Retention Schedule, ordinances and resolutions have a permanent retention.

MaintainingaRecord

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• The city must keep a copy of every ordinance enacted, every amendment to that ordinance, any official listing of the ordinance in local newspapers, and any information pertaining to its repeal.

• Copies of all ordinances must be made available for inspection by any person.

• The complete set of ordinances is commonly referred to as the “municipal code.” As individual ordinances are adopted, each may be integrated into the body of existing ordinances, producing a body of laws not unlike state statutes.

TheMunicipalCode

• The process of integrating new ordinances into the existing body of municipal law in a systematic fashion is called “codification.”

• Most cities have their ordinances re‐codified on a regular schedule; the frequency is dependent upon the volume of ordinances.

TheMunicipalCode(cont’d)

• Many municipalities also keep a log or journal of all ordinances, reflecting certain key information. Ideally, log entries for each ordinance will reflect:

• The date of enactment, the vote by which it was enacted, and its effective date

• Its location in the municipal code

• All amendments to it

• Full reference to any related court cases and

• Any relation to other earlier or later ordinances

• A log is not a legal record, but it can serve as an excellent administrative tool which will enable the municipality to record the entire life of an ordinance.

TheMunicipalLog

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Questions?

ADVERTISING REQUIREMENTS

SUMMARY

These advertising requirements are governed by state statute. Your city/town Charter may have additional requirements. Always consult your town attorney regarding questions with your Charter and statutory advertising requirements if you are not sure.

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STANDARD

Type of Ordinance: Standard

Type of Ad: Standard Legal

Statutory Reference: FS 166.041(3)(a)

First Reading: N/A unless municipal charter states differently

Second Reading: 10 days prior to final public hearing

Document: Standard Legal Ad

ANNEXATION

Type of Ordinance: Annexation

Type of Ad: Display

Statutory Reference: FS 171.044(2),(6)

First Reading: 2 consecutive weeks

Second Reading: 2nd consecutive week must be 10 days prior to final public hearing

Document: 3 columns wide x 6 inches long with 18 point font headline.

*** Must Include Map

ZONING CHANGE

Type of Ordinance: Changing the list of permitted, conditional, or prohibited uses in a zoning category or changing actual zoning map designation (more than 10 acres).

Type of Ad: Display

Statutory Reference: FS 166.041(3)(c)(2)(a)

FS 166.041(3)(c)(2)(b)

First Reading: 7 days prior to first public hearing

Second Reading: At least 5 days prior to second and final public hearing


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COMPREHENSIVE PLAN (MAJOR)

Type of Ordinance: Comprehensive Plan (Major)

Type of Ad: Display

Statutory Reference: FS 163.3184(11)

FS 166.041(3)(c)(2)(b)

First Reading: 7 days prior to first public hearing

Second Reading: At least 5 days prior to second and final public hearing


ELECTIONS

Type of Ordinance: Qualifying Election

Type of Ad: Legal

Statutory Reference: FS 100.021

First Reading: 30 days prior to the beginning of qualifying

Second Reading: 2 weeks after the first ad

Document: Must state what offices and/or vacancies are to be filled at the election

F.S. 101.20(2) – General Elections: Upon completion of the list of qualified candidates, a sample ballot shall be published before the day of election.

ELECTIONS

Type of Ordinance: Special Elections and Referendums

Type of Ad: Legal

Statutory Reference: FS 100.151

FS 100.342

First Reading: There shall be 30 days notice. Must be made at least twice. Once in the fifth week

Second Reading: 3rd week prior to the week in which the election or referendum is to be held.

Document: Legal

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TRIMADVERTISING REQUIREMENTS

TRIM TRAINING

■ You can find on-line trim training offered by the Florida Department of Revenue at:

■ http://floridarevenue.com/dor/property/trim/training/Trim/story.html

ADVERTISING REQUIREMENTS

■ Requirements

■ To adopt a millage rate and budget, taxing authorities must hold two public hearings. The first, or “tentative,” hearing is advertised on the Notice of Proposed Property Taxes (TRIM notice) that the property appraiser mails. The TRIM notice is the only advertisement required for the tentative hearing.

■ Scheduling and Advertising

■ Hold all hearings after 5:00 p.m., Monday – Friday, or anytime on Saturday. Do not hold hearings on Sunday (s. 200.065(2)(e)2., F.S.).

■ Taxing authorities must advertise their final hearing within 15 days of adopting a tentative millage and budget. You must hold the final hearing two to five days after the advertisement appears in the newspaper.

■ The board of county commissioners (BCC) cannot schedule its hearings on days the school board has hearings scheduled. The school board has first priority of a hearing date and the BCC has second (s. 200.065(2)(e)2., F.S.).

■ No other taxing authority in the county can use for its public hearings the hearing dates the BCC and the school board have scheduled (s. 200.065(2)(e)2., F.S.

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ADVERTISING REQUIREMENTS ■ Taxing authorities are not required to advertise the tentative millage and budget

hearing. The Notice of Proposed Property Taxes (TRIM notice), which the property appraiser mails, advertises the tentative hearing. The completed Certification of Taxable Value, form DR-420, provides the proposed millage rate; rolled-back rate; and date, time, and place of the hearing.

■ Within 15 days after the adoption of the tentative millage and budget, the taxing authority must advertise its intent to adopt a final millage and budget.

■ The final hearing must take place two to five days after the advertisement is first published in the newspaper.

■ Taxing authorities must place advertisements in a newspaper of general paid circulation in the county or in its geographically limited insert. The insert must circulate in geographic boundaries that include the geographic boundaries of the taxing authority (s. 200.065(3)(h), F.S.).

ADVERTISING DON’TS

■ Newspaper advertisements cannot:

■ Be placed in the legal or classified section (s. 200.065(3), F.S.).

■ Deviate from the language specified in s. 200.065, F.S.

■ Be accompanied, preceded, or followed by other advertising or notices that conflict with or contradict the required publications (s. 200.065(3)(h), F.S).

■ Be combined. The advertisements must be separate and adjacent (s. 200.065(3)(I), F.S.).

■ “Adjacent to,” when used in reference to newspaper advertisements, means next to, touching, or contiguous, either at the sides or at the corners. This term includes advertisements placed adjacent to one another, either on the same page or on adjoining pages with a crease separating them, so that a reader may view the advertisements simultaneously when the newspaper pages are open on a flat surface.

SIZE REQUIREMENTS

■ Budget Summary No size requirement

■ Notice of Budget Hearing No size requirement

■ Notice of Proposed Tax Increase Full ¼ page of newspaper

■ Notice of Continuation No size requirement

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PROOF OF PUBLICATION

■ You must submit a proof of publication for each advertisement.

■ To eliminate any possible advertising errors which could cause additional advertising expense, it is recommended that you

– State in writing all advertising requirements and special instructions to the newspaper, and execute a contract between the taxing authority and the newspaper. o Newspaper contract

– Newspaper requirements for Budget Summary and Notice of Budget Hearing ads – Newspaper requirements for Budget Summary and Notice of Proposed Tax Increase ads – Proof of publications

■ Examples:

■ • Proof ALL advertisements before publication.

■ • Check the newspaper’s advertising requirements and deadlines. – Establish a time frame for advertising well in advance. o – Publish the final hearing advertisements within 15 days after the tentative budget hearing. – Hold the final hearing two to five days after the ads appear in the newspaper.

REQUIREMENTS■ 1. When the tentatively adopted millage rate is greater than the current year RBR, the

percentage change of RBR will also be greater than 0.00. – Publish a 1/4 page Notice of Proposed Tax Increase advertisement with an adjacent

Budget Summary advertisement.

■ 2. When the tentatively adopted millage rate is equal to or less than the current year RBR, the percentage change of RBR will also be equal to or less than 0.00.

– Publish a Notice of Budget Hearing advertisement with an adjacent Budget Summary advertisement.

■ 3. First-year levy for a taxing district: – Publish a 1/4 page Notice of Proposed Tax Increase advertisement with an adjacent

Budget Summary advertisement.

■ 4. A Budget Summary advertisement must always appear adjacent to either the Notice of Proposed Tax Increase or a Notice of Budget Hearing advertisement, not both.

■ NOTE: Taxing authorities with dependent districts and MSTUs use the current year tentative aggregate millage rate and current year aggregate rolled-back rate.

ADVERTISEMENT TIME FRAME

■ The advertisements for the final TRIM hearing must be published within 15 days after the meeting adopting the tentative millage and tentative budget (s. 200.065(2)(d), F.S.).

■ The taxing authority should hold the final TRIM hearing two to five days after the advertisements first appear in the newspaper.

■ Example:

■ For TRIM advertisements published on Saturday:

– Monday is the first day the hearing may take place.

– Thursday is the last day the hearing may take place.

■ Each taxing authority is responsible for understanding the newspaper's advertising requirements and deadlines.

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Notice of Proposed Tax Increase Memorandum ■ MEMORANDUM:

TO: Display Advertising Manager, Advertising Department, Specific Newspaper FROM: Chief Administrative Officer

Name of Taxing Authority RE: Newspaper Notice

______(Name of taxing authority) is required by law to advertise in a newspaper of general paid circulation in the county or in its geographically limited insert a notice of its intent to adopt a millage rateand budget.

The enclosed advertisements are to appear in your newspaper exactly following the enclosed instructions. Please sign and return a copy to the above taxing authority. ____________________________________ Signature of Display Advertising Manager ____________________________________ Date

Sincerely, Chief Administrative Officer CAO

cc: Advertising Director Attachments

**(Not required by Florida Statutes. This is an example you may use stating your advertising request to the newspaper.)

Notice of Proposed Tax Increase Requirements

■ NEWSPAPER REQUIREMENTS ■ The ____________________________ is required by law to advertise in a newspaper

of ■ (Name of taxing authority) ■ general paid circulation in the county or in its geographically limited insert a notice

of its intent to adopt a final millage rate and budget. A public hearing to finalize the budget and adopt a millage rate will take place two to five days after the day that the advertisement is first published.

■ ----------------------------------------------------------------------------------------------------------

Notice of Proposed Tax Increase Requirements■ Please run the enclosed advertisements exactly as instructed.

– 1. To appear ____________________, or as near to this date as possible. – (First date ad can appear) – However, in no event will the ad appear after ________________________. – (Latest date ad can appear)

■ 2. The advertisements cannot be placed where legal notices and classified advertisements appear.

■ 3. The advertisements cannot be combined. ■ 4. The advertisements must be adjacent. ■ 5. Forward proof of publication for each advertisement and entire page in which the

ad appears, with your statement, by__________________________________. ■ (No later than two weeks after ad is published) ■ 6. Both ads will run for one day only.

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Proof of Publication■ Proof of publication should state each advertisement.

■ A. Notice of Proposed Tax Increase Ad (example enclosed)

■ 1. Size requirement - a full 1/4 page of the newspaper

■ 2. Headline - no smaller than 18 point

■ B. Budget Summary Ad (example enclosed)

■ 1. No size requirement for this ad

■ 2. Must be adjacent to the Notice of Proposed Tax Increase

■ (Not required by Florida Statutes. This is an example you may use stating your advertising request to the newspaper.) 45

Example: Notice of Proposed Tax Increase

Use 100% of tax levies in the advertisement below. NOTICE OF PROPOSED TAX INCREASE The ___(name of taxing authority)__ has tentatively adopted a measure to increase its property tax levy. Last year’s property tax levy: A. Initially proposed tax levy ........................................................ $ XX,XXX,XXX B. Less tax reductions due to Value Adjustment Board and other assessment changes .............................................. $ XX,XXX,XXX C. Actual property tax levy ........................................................... $ XX,XXX,XXX This year’s proposed tax levy ........................................... $ XX,XXX,XXX All concerned citizens are invited to attend a public hearing on the tax increase to be held on: (DATE) (TIME) at (MEETING PLACE) A FINAL DECISION on the proposed tax increase and the budget will be made at this hearing.

Example: Completed Last Year’s Actual Levy Greater Than Initially Proposed Levy

Use 100% of tax levies in the advertisement below. NOTICE OF PROPOSED TAX INCREASE The ___(name of taxing authority)__ has tentatively adopted a measure to increase its property tax levy. Last year’s property tax levy: A. Initially proposed tax levy ........................................................ $ 3,684,715 B. Less tax reductions due to Value Adjustment Board and other assessment changes .............................................. $ (137,468) C. Actual property tax levy ........................................................... $ 3,822,183 This year’s proposed tax levy ........................................... $ 3,685,183 All concerned citizens are invited to attend a public hearing on the tax increase to be held on: (DATE) (TIME) at (MEETING PLACE) A FINAL DECISION on the proposed tax increase and the budget will be made at this hearing.

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BUDGET HEARING ADVERTISEMENT■ NEWSPAPER REQUIREMENTS

The ____________________________ is required by law to advertise in a newspaper of general paid circulation in the county or in its geographically limited insert a notice of its intent to adopt a final millage rate and budget. A public hearing to finalize the budget and adopt a millage rate will take place not less than two days or more than five days after the day that the advertisement is first published.

Please run the enclosed advertisements exactly as instructed. ■ 1. To appear ____________________, or as near to this date as possible.

■ (First date ad can appear)

■ However, in no event will the ad appear after ________________________.

■ (Latest date ad can appear)

■ 2. The advertisements cannot be placed where legal notices and classified advertisements appear.

■ 3. The advertisements cannot be combined.

■ 4. The advertisements must be adjacent.

■ 5. Forward proof of publication for each advertisement and entire page in which the ad appears, with your statement, by__________________________________.

■ 6. Both ads will run for one day only.

■ (No later than two weeks after ad is published)

PROOF OF PUBLICATION

■ Proof of publication should state each advertisement.

■ A. Notice of Budget Hearing (example enclosed)

– 1. There is no size requirement.

■ B. Budget Summary Ad (example enclosed)

– 1. There is no size requirement.

– 2. This ad must appear adjacent to the Notice of Budget Hearing.

NOTICE OF BUDGET HEARING

Example: Notice of Budget Hearing Ad – Regular Taxing Authorities NOTICE OF BUDGET HEARING The ___(name of taxing authority)__ has tentatively adopted a budget for ____(fiscal year)__. A public hearing to make a FINAL DECISION on the budget AND TAXES will be held on: (DATE) (TIME) at (MEETING PLACE)

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EXAMPLE: BUDGET SUMMARY AD WITH BUDGET INCREASE

EXAMPLE: BUDGET SUMMARY AD WITH NO BUDGET INCREASE

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Introduction

Mandatory Education

Effective July 2000, notary education was made mandatory for all new notary applicants.

An approved class must be completed within one year prior to completing an application for a commission

Proper education protects the notary from liability and costly lawsuits and penalties and protects the public from notary errors and omission.

Resources

Florida Governors Office/Secretary of State

The Florida Governor’s Office, Notary Section and the Florida Secretary of State’s Office Notary and Commission Certification Section handle the commissioning process for Florida Notaries.

American Society of Notaries

Headquartered in Tallahassee it is an essential advocate for the protection and education of the notary. It provides expert information and assistance.

www.ASNNotary.com

Contact Information

Office of the Governor

Notary Section

209, The Capitol

Tallahassee, FL 32399‐0001

1‐(850) 922‐6400

Web Site: www.flgov.com

E‐mail: [email protected]

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Contact Information

Office of the Secretary of State

For Notary Commissions

Department of State, Division of Corporations

Notary Commissions

P.O. Box 6327

Tallahassee, FL 32314

1‐(850) 254‐6975

Web Site: http://notaries.dos.state.fl.us


Contact Information

Office of the Secretary of State

Apostille Certification

Department of State

Division of Corporations, Apostille Certification

P.O. Box 6800

Tallahassee, FL 32314

1‐(850) 245‐6945

Contact Information

American Society of Notaries (ASN)

P.O. Box 5797

Tallahassee, FL 32314‐5707

1‐(850) 671‐5164

Web site: www. ASNNotary.org


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The Notary’s Role Status as a Public Officer

What is a Notary Public?

A notary public is a public officer, one whose authority to perform certain functions or notarial acts is derived from a commission from the Governor of the State of Florida.

A notary’s chief responsibility is to act as an impartial witness in the execution of documents, and to certify the facts of such transactions in a notarial certificate.

Functions of a NotaryWhy do we need Notaries? To help prevent fraud

To act as an impartial witness in the execution of documents

Notarization involves the execution of signed documents, and the law requires the notary to prove the signer’s identity, determine the signer’s comprehension of the act about to take place and ascertain the signer’s willingness to sign. If you are unable to prove the signers identity, you cannot proceed with the notarization

If you suspect a signer is being forced or coerced into signing, or doesn’t understand what is taking place, you must refuse to perform the requested notarial act.

Prohibition Against Conflict of Interest

It is essential that you act with total impartiality. You must be an unbiased, disinterested party who stands between the signer and anyone who would defraud that signer.

That means, when performing a notarial act, you cannot have any conflict of interest, including being a party to the transaction or gain financially from it.

(A financial benefit would not include the fee for the notarial service).

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Functions of a Notary

The primary duties of a notary are to take acknowledgments, or administer oaths/affirmations, for the execution of documents. Ensuring that:

The signer understands the document’s contents and effect

The signer is truly willing to sign the document for its stated purposes, or to swear to its truthfulness

The person appearing for the notarial act is indeed the person named in the document as the signer

The document presented for notarization displays all the physical characteristics that make it eligible for notarization.

Ethical Conduct and Professional Responsibility As a public officer, you have the obligation to

conduct yourself in a manner that is worthy of the office you hold.

The professional conduct you should strive to exhibit as a notary are:

Observe Client Confidentiality

Avoid Discrimination Among Customers

Lawfully Advertise Your Notary Service

Must include: 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 advise.

Ethical Conduct and Professional Responsibility Unauthorized Practice of Law DO NOT assist a client in drafting a document

DO NOT give an opinion or advice about the contents or the effects of the transaction

DO NOT tell the client how to execute the document, advise he client about the need for a witness, or choose the notarial act for the notarization

DO NOT advertise, state, or imply that you have powers not lawfully given you as a notary

DO NOT charge a lawyer’s fee for notary services

DO NOT advertise your notary services in a foreign language without stating in both English and the language of the advertisement that you are not an attorney and have no authority to give legal advise.

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Ethical Conduct and Professional Responsibility Immigration

States are adding new laws and harsh penalties for notaries who defraud people wishing to become citizens. DO NOT give anyone the idea that you have special abilities and powers as a notary to help people gain legal status in the US.

Code of Ethics

Practice proper adherence to notary procedures and laws, treat every notary client with respect and dignity.

Appointment and Commission

The term of office is four (4) years ‐ §117.01(1)

You may only perform your official duties within the geographical boundaries of Florida

You must obtain a surety bond in the amount of $7,500.00 and maintain that bond throughout your appointment. The bond DOES NOT protect the notary, it protects the public

For your protection, you should carry errors and omissions insurance.

Notary Seal

Your official seal must contain the following 4 elements:

The words “Notary Public State of Florida

The notary’s exact commissioned name

The notary’s commission number

The notary’s commission expiration date

Your seal must be in black ink. You may use an impression seal in addition to the rubber stamp, but not in place of it.

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Notary Fees

Florida authorizes notaries to charge up to $10.00 for each notarial act.

Notaries may charge up to $20.00 to solemnize a marriage

Government Employees as Notaries Public

A municipality is authorized to pay the cost of securing a notary commission for one or more of its employees.

Although the municipality pays for the commission, it is the employee who is appointed notary public, not the municipality.

The municipality may set regulations regarding the use of the employee‐notary’s commission during working regular business hours.

Government Employees as Notaries Public Cont’d

The notary seal, commission, journal etc. are the property of the notary public even if the municipality paid for such items. Even upon termination these belong to the notary public.

The employee‐notary and the municipality are liable for all notarial acts performed by the employee‐notary within the scope of his or her employment (FS § 117.05(6)).

When the employee‐notary terminates employment with the municipality the municipality does not have the authority to request, or require the resignation of the employee‐notary from the office of notary public.

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Avoid Liability

KNOW THE LAW

Insist on the Signers Presence and Identification

Never perform a notarization without the signer being in your presence, face‐to‐face.

Most notaries who find themselves in trouble with the Governor’s Office or State Attorney have proceeded with a notarization without the document signer’s presence.

Avoid Liability

Use Reasonable Care

Be cautious and prudent and obey the law

Make No Exceptions

Avoid the “could you just for me”

Your commission, reputation, and your freedom could be jeopardized.

Post a set of notarization rules that clearly state

Personal Appearance

Required Identification

Fees

Carry Errors & Omissions Insurance

Avoid Liability

Keep Good Records

Keep a notary journal

Be certain you have the signer sign your book

Request a thumb print

Write down the drivers license number

By doing this it will help prove you followed the proper procedures in case you are requested to testify.

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Duties of a Notary Public

Notaries are authorized by law to perform six basic duties

Administer oaths or affirmations

Take acknowledgements

Attest to photocopies of certain documents

Solemnize marriage

Verify vehicle identification numbers (VINs)

Certify the contents of a safe‐deposit box

Understanding Oaths and Acknowledgements

When you notarize a signature, you must perform one of two official notarial acts: take an acknowledgement from or administer an oath (or affirmation) to the document signer.

These two acts have different purposes. The lack of understanding of these basic duties causes confusion and often leads to errors in notarizations.

Acknowledgements

To take an acknowledgement, the document signer must personally appear before you, the notary public, and declare that he or she has signed the document voluntarily.

You should ensure that the signer understands the document and has not been coerced into signing.

If there is ANY question about the signers willingness to execute the document or his or her understanding of the contents of the document, you should refuse to notarize and advise the person to seek legal advise.

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Oaths or Affirmations

An oath or affirmation is administered to a document signer when the signer is required to make a sworn statement about certain facts.

The signer personally appears before you to swear (or affirm) to you, an office duly appointed to administer oaths, that the information contained in the document is true.

A person who makes a false oath is subject to criminal charges for perjury.

Oaths or Affirmations (cont’d)

Begin with the administration of an oath or affirmation. The court has held that there should be a verbal exchange between the notary and the document signer.

Simply ask: “Do you swear (or affirm) that the information contained in this document is true?

After receiving an affirmative answer, you must complete a proper notarial certificate indicating that an oath or affirmation was taken.

Oaths or Affirmations (cont’d)

If the document you are asked to notarize contains a prepared notarial certificate, look for the key words “acknowledged” or “sworn to” to tell you which notarial act is required.

If there is no certificate the signer must direct you whether he or she wants to make an acknowledgment or take an oath.

Unless you are an attorney, you are not authorized to advise a person which notarial act is appropriate and you may not advise regarding the contents of the document.

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Attesting to Photocopies

In Florida, notaries are authorized to attest to the trueness of photocopies of certain documents.

A notary may make attested photocopies if the following criteria found in section 117.05(12) of the Florida Statutes is met

The document must be an original document. A notary cannot make an attested photocopy from a photocopy, or another certified copy.

The document cannot be a public record, certified copies of which are available from another pubic official. If a certified copy can be obtained from the official source, then the notary public should decline the request.

The making of the photocopy must be supervised by the notary. It is not sufficient for the notary to compare the photocopy to the original document.

Attesting to Photocopies (cont’d)

The following are examples of documents that are considered public records, copies of which cannot be attested to by a notary Birth Certificate

Marriage Certificate

Death Certificate

Certificate of citizenship or naturalization

Documents filed in a court proceeding

Documents recorded by the Clerk of Court

Public records maintained in a government office

Student records (i.e. transcripts) maintained in public education offices

Federal or state income tax forms, already filed

Professional licenses issued by the State of Florida

Any document for which photocopying is prohibited

This is not a complete list of records. If there is a question contact the agency

Attesting to Photocopies (cont’d)

The following is a list of documents that may be photocopied from the original and attested to: Florida driver’s license

Florida vehicle title

Social Security Card

Diploma

Medical record

U.S. Passport

Bill of sale

Contract

Lease

Resident alien card

Personal letter

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Acceptable Identification

A notary public many not notarize a signature on a document unless he or she personally knows, or has satisfactory evidence, the person whose signature is to be notarized is the individual who is described in and who is executing the instrument.

A notary public shall certify in the certificate of acknowledgement or jurat they type of identification, either based on personal knowledge or other form of identification, upon which the notary public is relying on.

Personally Known

“Personally Known” means having an acquaintance, derived from association with the individual, which establishes the individual’s identity with at least a reasonable certainty.

Satisfactory Evidence

“Satisfactory Evidence” means the absence of any information, evidence, or other circumstance which would lead a reasonable person to believe that the person making the acknowledgment is not the person he or she claims to be, and any one of the following:

(1) Sworn Written Statement of a Credible Witness. The sworn written statement of a credible witness personally known to the notary public that the person whose signature is to be notarized is personally known to the witness.

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Satisfactory Evidence (cont’d)

(2) Sworn Written Statement of Two Credible Witnesses. The sworn written statement of two credible witnesses whose identities are proven to the notary public upon the presentation of satisfactory evidence that each of the following is true:

(a) the person whose signature is to be notarized is the person named in the document

(b) the person whose signature is to be notarized is personally known to the witnesses

(c) that it is the reasonable belief of the witnesses that the circumstances of the person whose signature is to be notarized are such that it would be very difficult or impossible for that person to obtain another form of identification

(d) the person whose signature is to be notarized does not possess any of the identification documents specified in subparagraph 3

(e) the witnesses do not have a financial interest in nor are parties to the underlying transaction.

Satisfactory Evidence (cont’d)

(3) Forms of identification: A Florida drivers license or identification card

A passport issued in the United States

A passport issued by a foreign country only if it has the US Naturalization Service Stamp

A drivers license issued by a public agency authorized in another state or territory of the US.

A US military identification card

An inmate identification card issued by the Dept. of Justice Bureau of Prisons

A sworn, written statement from a sworn law enforcement officer that the forms of identification for an inmate in an institution of confinement were confiscated upon confinement and that the person named in the document is the person whose signature is to be notarized.

An identification card issued by the US Immigration and Naturalization Service.

Notarizing Step‐by‐Step

Examine the document

Check the Notarial Certificate

Look at the venue: State of Florida, County of _______

Check the date

Look for key words: “sworn” or “acknowledge” to determine if you are to administer an oath or take an acknowledgement. If there is not certificate the signer must tell you which act the document requires.

Identify the person

Assure the signer understands the document

Administer the oath or take the Acknowledgment

Complete the Jurat or Certificate

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Notarial Certificate

The certificate is the record of what occurred at the time of the notarization, and you are responsible for ensuring that the certificate is complete and accurate.

You can find certificates in Florida Statutes, section 117.05(13)

Notarial certificates or an oath (or affirmation) or an acknowledge contain nine basic elements: Venue (the location of the notarization)

Type of notarial act (oath, affirmation, acknowledgement)

That the signer personally appeared before the notary (“before me” statement)

Actual date of notarization

Name of person whose signature is being notarized

Form of identification

Signature of notary

Name of notary printed/typed/stamped below the signature

Notary seal

Keeping records of your notarial

acts: The Notary Journal

Notaries are not authorized to keep copies of the documents they notarize. The best way to protect yourself is to document your notarial acts in a journal.

Florida law does not require the use of a journal; however you may be interested to know that the Governor’s Task Force on Notaries Public has recommended the mandatory use of journals.

Keeping records of your notarial

acts: The Notary Journal It is recommended that your journal be bound (not loose leaf or

spiral) and have consecutively numbered pages, so that a page cannot be removed without being detected. Include the following information in your journal entry Date of notarial act

Type of notarial act: oath, acknowledgement, attested photocopy, marriage

Name or brief description of the document

The party’s printed name, exactly as he or she signed the document

The Party’s address

The party’s signature

The type of identification used including the serial number, expiration date, date of birth, etc.

Fee charged

Any additional comments or notes you consider important: blind, disabled, you read the document to the person etc.

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May I refuse to provide notary services

Yes, under certain conditions. Florida law actually requires notaries to refuse in some situations. In other situations, notaries either should or may refuse to notarize.

The most common situations with statutory prohibitions occur when:

The signer is not present

The document is incomplete

The notary is the signer

The signer is the notary’s spouse, parent or child

The signer has been adjudicated mentally incapacitied and has not been restored to capacity as a matter of record.


The notary does not personally know the signer and the signer cannot produce acceptable identification

The notary is party to the underlying transaction or has a financial interest in it

The signer does not speak English and there is no one available to translate the document into a language they understand.


There are other precautionary reasons for which a notary should refuse to notarize even though a specific prohibition may not appear in FS Chapter 117

The document does not have a prepared notary certificate, and the signer cannot tell the notary what notarial act is required.

The notary believes the signer is being coerced or does not understand the consequences of signing the document

The signer appears to be drunk, sedated, or disoriented

The notary knows or suspects that the transaction is illegal, false, or deceptive.

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In addition a notary may refuse to perform a notarization in a variety of circumstances, when:

The signer cannot pay the notary fee

It is after hours

It is a holiday

The notary is busy with other work

It would be inconvenient

The notary is not comfortable with the request*****

The signer is a minor

The document is in a foreign language

The notary has to go to another location

Establish office policies

Establish a written policy for notarizations.

Do you want to notarize for residents only?

Do you want to notarize for town/city business only?

Do you want to limit to specific types of documents?

Do you want to charge the statutory fees?

Once you decide on your policy post it in the office so there are no questions. Be sure to include a disclaimer in your policy:

“The notary has the right to refuse to perform any notarization (Florida Statute Chapter 117)”

Questions?

Thank you and I hope this session provided you with some information you may not have been aware of.

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