The main goal of the office of notary public is to protect the public by preventing fraud. Unfortunately, not all notaries take their duties and contributions to society seriously. In order to uphold the integrity and honor associated with the office of notary public, it is important that those violating the law be reported and disciplined accordingly.
According to the Florida Governor's office, "Under the Florida Constitution and Florida Statutes, it falls within the jurisdiction of the Governor’s Office to review complaints of misconduct against notaries and to take disciplinary action when deemed appropriate."
Florida notary law and administrative rules specifies numerous acts that a commissioned notary public is prohibited from performing. It is the notary's responsibility to know and follow these laws set forth by their commissioning state.
These include, but are not limited to:
- Notarizing a document without the presence of the signer
- Notarizing a document that is in a language that the signer does not understand
- Notarizing a document without confirming the identity of the signer
- Giving legal advice (which can include – assisting in drafting of a document, telling the signer which notarial act to use, advertising in a foreign language without the proper disclaimers)
- Notarizing a document that is incomplete and contains blank spaces
- Notarizing for family members
- Notarizing your own signature
Suspected notary misconduct may be reported by filing a formal complaint with the Notary Section of the Florida Governor's office. Your complaint against the notary should:
- Provide all facts related to the alleged misconduct.
- Include a copy of the improperly notarized document.
- State with specificity the law violated by the alleged misconduct.
- Be typewritten or clearly printed.
Reminder: All Florida notaries are required to take an oath of office before being commissioned, and notaries should abide by this oath, as well as know & follow the state laws during their commission.
This oath states: I do solemnly swear (or affirm) that I will support, protect and defend the Constitutions and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; that I have read Chapter 117, Florida Statues, and any amendments thereto, and know the duties, responsibilities, limitations, and powers of a notary public; and that I will well and faithfully perform the duties of Notary Public, State of Florida on which I am now about to enter. So help me God.* UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING APPLICATION AND OATH AND THAT THE FACTS STATES THEREIN ARE TRUE. I accept the office of Notary Public, State of Florida.
*Note: If you affirm, you may omit the words, "So help me God."
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