Revised 7/1/24

I just put in my two-week’s notice with my current employer. When I began my employment with XYZ Company they paid for my Florida Notary commission. That included my notary course, application fee, notary bond, my notary stamp, and record book. Even though Florida doesn’t require a notary to use a record book, I decided it would be best practice to record every document I notarized.

My employer is demanding that I leave my commission certificate, notary stamp, and record book on my last day of employment since they paid for it? What should I do?

According to Florida Statutes, your notary commission belongs to you, no matter who paid for it. In fact, anyone who unlawfully possesses a notary stamp, record book, or any other notary-related documents could be guilty of a misdemeanor. For reference, the statute is listed below to provide to your employer.

117.05 Use of notary commission; unlawful use; notary fee; seal; duties; employer liability; name change; advertising; photocopies; penalties.—

(b) The notary public official seal and the certificate of notary public commission are the exclusive property of the notary public and must be kept under the direct and exclusive control of the notary public. The seal and certificate of commission must not be surrendered to an employer upon termination of employment, regardless of whether the employer paid for the seal or for the commission.

(c) A notary public whose official seal is lost, stolen, or believed to be in the possession of another person shall immediately notify the Department of State or the Governor in writing.

(d) Any person who unlawfully possesses a notary public official seal or any papers or copies relating to notarial acts is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Be sure to stand your ground and take your notary related items with you when you leave your employment.

Don't forget if you have a change in home or business address, you must notify the Florida Department of State in writing within 60 days. Also be sure to notify your bond agent of the change as well.