The NNA is reporting the enactment of House Bill 761 because it repeals a notarization requirement instead of adding one in certain cases of domestic violence. Repealing sworn oath and affirmation requirements is a trend today. While the NNA certainly understands the difficulty some petitioners may have in finding a Notary and incurring the expense of a notarial act, we cannot help but believe that having a Notary involved in such a serious public safety matter is the better choice for the petitioner and the alleged perpetrator of domestic violence. Having to go before a Notary to swear to the truthfulness of the petition is, in the NNA’s view, necessary “friction” that confronts and compels the petitioner to be truthful and protects the rights of all involved.

FL House Bill 761

Legislation

State: Florida
Signed: May 07, 2024

Effective: July 01, 2024
Chapter: 152

Summary

House Bill 761 removes the requirement that certain petitions of injunction for protection against domestic violence be sworn to before a Notary Public.

Affects

Amends Sections 741.30, 784.046 and 784.0485 of the Florida Statutes.

Changes

1. Removes the requirement that an interpersonal violence petition for injunction be sworn to in the presence of a Notary in cases of domestic violence, stalking, repeat violence, sexual violence, or dating violence, and instead will require these petitions to be signed under penalty of perjury.

Analysis

The NNA is reporting the enactment of House Bill 761 because it repeals a notarization requirement instead of adding one in certain cases of domestic violence. Repealing sworn oath and affirmation requirements is a trend today. While the NNA certainly understands the difficulty some petitioners may have in finding a Notary and incurring the expense of a notarial act, we cannot help but believe that having a Notary involved in such a serious public safety matter is the better choice for the petitioner and the alleged perpetrator of domestic violence. Having to go before a Notary to swear to the truthfulness of the petition is, in the NNA’s view, necessary “friction” that confronts and compels the petitioner to be truthful and protects the rights of all involved.

Read House Bill 761.