The main duties of Florida notaries public are to administer oaths and take acknowledgments. Florida notaries may also make attested photocopies of certain documents, solemnize marriage, verify vehicle identification numbers on official forms transferring title, and certify the contents of safe deposit boxes for nonpayment of rental fees.

Am I allowed to refuse a notarization in the State of Florida?

Yes, if proceeding with notarization would cause you to commit a prohibited act, or if any of the required elements/criteria for performance of a proper Florida notarization are missing. Situations that may require you to refuse include when you doubt that the signer is competent or willing to execute the document; or you are being asked to bend a rule of notarization such as requiring the signer to be present before you; or the document presented for notarization is clearly incomplete.

If you are an employee-notary, your employer controls how you manage your time and tasks while on the job, so you may need to refuse a notarization requested during business hours. If you must refuse for this reason, you may offer to perform the notarization during non-work hours.

Use your best judgment, and always know and follow notarial law, when weighing whether you should refuse a notarization.

Can I notarize a paper that has been made out to me?

According to Florida Chapter 117, a Florida notary public may not notarize a signature on a document if the Florida notary has a financial interest in or is a party to the underlying transaction. If the document has your name on it by mistake, the signer will need to obtain an updated version of the document with your name removed.

May I perform a notarization when I am a party to the transaction?

No. If you are a party to the transaction or if you have a financial and/or beneficial interest in the transaction, you may NOT be the notary for this transaction. You would not be impartial, and the transaction could be deemed unlawful or unenforceable.

Can I perform a notarization for a family member?

Florida notary law only specifically dictates you cannot notarize a signature for a spouse, son, daughter, mother or father. However, Notary Public Underwriters recommends you DO NOT complete a notarial act for ANY member of your family, including in-laws. It is difficult to sustain your notarial duty as an impartial witness for a family member.

My husband is a Residential Contractor. Occasionally he needs forms notarized for his business. I am a Florida notary public. Am I allowed to notarize these forms for his construction company?

No. As a Florida notary public one of your main objectives is to be an impartial, unbiased witness. Florida law prohibits a notary from completing a notarization for their spouse, parents or children. If you complete the notarization, it may be seen as void and legal problems may arise. Your husband will need to find another Florida notary to complete his notarization.

Can a Florida notary public notarize a photograph?

No. This is not an authorized duty of a Florida notary. An alternative would be to notarize the signature of a person who is willing to certify the authenticity of the photograph in a sworn statement.

May I help a friend fill out immigration papers?
No. Only attorneys or qualified immigration specialists may perform these duties.

I am a Florida notary public, may I assist a client with legal documents?

No, not unless you are an attorney licensed to practice law in the state of Florida. Furthermore, you may not explain the contents of a document or give any advice about the document. If you do, you may be found guilty of the unauthorized practice of law.

May I notarize my own signature?

No. Notarizing your own signature violates the requirement for impartiality. Violation of this prohibition is a felony crime.

May I charge a fee for my Florida notary services?

Yes. The state of Florida allows you to charge a maximum fee of $10.00 per notary act. You may charge $30.00 to perform a marriage ceremony in Florida. If you charge a higher fee than prescribed by law, the Governor may suspend your commission. Florida law does not address miscellaneous travel fees for notarial acts. Without the guidance of any rule, Florida notaries are allowed to charge a travel fee as long as the signer is made aware prior to the travel and the transaction occurring. Travel fees are not considered notary fees. They should be billed separately from any fee for notary service. While travel fees may appear on the same invoice as notarial fees, they should be presented as a separate line-item to avoid confusion.

Are Florida notary fees considered taxable income?

Yes, fees collected while performing your duties as a Florida Notary Public are considered taxable income. A good way to keep up with your Florida notary fees is to record the amount charged for each notarization in your Florida notary record book. It is a good idea to consult your tax advisor for specific information about reporting Florida notary fees as income.

Am I required to keep a record of my notarial acts in the state of Florida?

No. Florida law does not require Florida notaries to keep a record book. However, the Florida Governor’s Office recommends notaries keep a record of all official notarial acts in a journal or record book. Although not required, you should record at least the following information: the date of the notarial act, the type of act performed, the type of document, the name, address and signature of each person whose signature was notarized, and any special notes or comments about the notarization. Our Florida notary public record book complies with the suggestions of the Governor’s Office for record keeping.

Why should I keep a record book?

Record books are an inexpensive way to keep a record of every notarization you perform. There are several advantages, including:

--A record book can serve as a check-list of the steps of notarization.

--A record book may protect you against a claim of negligence or impropriety.

--A record book may help prove you notarized a document when there is a question about your signature or when the notarial certificate is destroyed or marred in some way.

--A record book can refresh your memory about a notarization you do not recall.

--A record book is reliable as evidence in court if you have to testify about a notarization.

--A record book not only protects you, but may also protect your customer and your employer.

--A record book is a great tool to calculate fees collected for notarial services, so you may accurately report your income to the IRS.

How do I limit my liability as a Florida notary public?

To limit your liability as a Florida notary public, know and follow Florida notary laws, take responsibility for your own Florida notary education, keep informed about Florida notary law changes, never make any exceptions for anyone, use reasonable care and common sense in performing your notarial duties, carry Errors & Omissions Insurance and keep a Florida notary record book.

Do I have any liability as a Florida notary public?

Yes. The public counts on Florida notaries to perform their duties properly. By making an error on a notarization, you could cause someone to lose their property or be responsible for a multi-million dollar transaction being voided. As a result, a court could find you liable for the loss and enter a judgment against you. Most surety companies demand repayment if they pay a claim against your notary bond. In addition, whatever your bond does not pay, you would be liable for.

What can a Florida notary public charge for officiating a marriage ceremony?

The state of Florida allows a Florida notary public to charge $30.00 to perform a marriage ceremony. If you charge a higher fee than prescribed by law, the Governor may suspend your commission.

Florida law does not address miscellaneous travel fees for notarial acts. Without the guidance of any rule, Florida notaries are allowed to charge a travel fee as long as the signer is made aware prior to the travel and the transaction occurring. Travel fees are not considered notary fees. They should be billed separately from any fee for notary service. While travel fees may appear on the same invoice as notarial fees, they should be presented as a separate line-item to avoid confusion.

What wording must be included in a marriage ceremony performed by a Florida notary public?

The couple can choose the ceremony script. They can even personalize it as long as there is a verbal commitment made by each party to the other party in the presence of the Florida notary public. Our Marriage Kit includes sample ceremonies, making your job easier!

Is just a notary stamp sufficient to notarize a document in the state of Florida, or is a raised seal (making an impression) also required?

The primary notarial tool in the state of Florida is your Florida notary stamp. You may use an embosser (to make the raised seal), if you wish, but it MUST be used in conjunction with your Florida notary stamp. It cannot be used in replacement of the notary stamp and is only recognized as decoration.

How old do witnesses have to be to sign the marriage license in the State of Florida?

Witnesses for a Florida marriage license are not required by law; however, it is recommended. Witnesses are further proof the ceremony took place. Any witnesses should sign the Florida notary public's record book. Notary Public Underwriters recommends the witnesses be 18 years of age or older, but since the witness signatures are not being notarized, there is no age requirement. Witnesses may need to be available in the future should testimony be required.

What is the difference between an Oath and an Acknowledgment?

With an Oath, the affiant is swearing to the content of a document. With an Acknowledgment, the affiant is acknowledging that he/she did sign the document, willingly and for purpose stated within the document.

How do I administer an oath for a document?

Assuming the document is ready for notarization and the signer has been satisfactorily identified and is willing to sign the document, you will administer the oath by asking a simple question, “Do you solemnly swear the information contained in this document is the truth, so help you God?” For an oath, you must witness the person signing the document.

*If the document being presented has already been signed, the signer will need to sign the document again, in the presence of a notary.

How do I take an acknowledgment?

Assuming the document is ready for notarization and the signer has been satisfactorily identified and is willing to sign the document, you take the signer’s acknowledgement by asking a simple question: “Do you acknowledge and declare this is your signature, you understand this document, and you willingly signed the document for the purposes stated herein?”

Are Florida notaries allowed to perform marriage ceremonies?

Yes. Florida notaries public are authorized to perform marriage ceremonies if the wedding ceremony takes place in Florida and the couple obtains a valid Florida marriage license prior to the ceremony.

Is a Florida marriage license good in any Florida county?

Yes, a Florida marriage license is valid within any county in the state of Florida. However, after the wedding, the marriage license must be filed with the county Clerk’s Office where it was issued within 10 days of the ceremony.

When officiating a marriage ceremony in the state of Florida, what should I do with the marriage license?

The Florida notary public must get the marriage license from the couple prior to the wedding ceremony. The Florida notary should verify it is valid by checking the effective and expiration dates and confirm it contains the Clerk’s signature and official seal. After the ceremony, you must complete the appropriate section certifying you have joined the couple in marriage. As the performing official, you must return the marriage license to the Clerk’s Office that issued it within 10 days after the ceremony. The Clerk will record the license and send a certified copy to the couple.

May a Florida notary public perform a marriage ceremony for a family member?

Yes. The law permits a Florida notary public to perform a marriage ceremony for a family member because they are not notarizing anyone’s signature on the license. A Florida notary public only certifies that they have performed the marriage ceremony.

May I notarize a signature of a blind person?

Yes. But only if you first read the document to the person and you feel sure about the person’s understanding and willingness to sign.

What is the venue on a Florida notarial certificate?

“State of Florida, County of _____”

This notation is called the venue. It is the location of the notarization – not the county where you live or work.

What are the steps for performing a notarization?

Follow these general steps for every notarization you perform:

1. Require the personal appearance of the document signer. Never make an exception!

2. Examine the document to ensure it is complete and contains a properly formatted notarial certificate.

3. Identify the signer, either through your personal acquaintance of the individual or some type of satisfactory evidence, such as a valid driver’s license, passport or another form of acceptable identification listed in the notary law.

4. Enter the transaction into your record book. Although the law does not require it, the Governor’s Office recommends you keep an official record of all your notarial acts.

5. Perform the notarization ceremony. You must communicate verbally with the signer to perform the notarial act. The person usually signs the document at this point.

6. Complete the notarial certificate. Make sure the information is correct and complete. Do not forget to sign and seal the certificate.

What should I do if a signer objects due to religion?

A legal alternative to an oath is an affirmation. Ask the question: “Do you solemnly affirm under the penalties of perjury the information contained in this document is the truth?”