Notary Public Underwriters Blog
Florida Notary Laws and Administrative Rules - Your True North
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- Published: May 18, 2021
Tell the truth… do YOU regularly review your state’s notary public resources to assure yourself that you are notarizing in compliance with the laws and administrative rules that govern you?
As a commissioned notary, you are solely responsible for obtaining and maintaining this all-important knowledge. Sweeping notary law updates have occurred across the U.S. in recent years, and 2021’s legislative season could bring even more change. If you don’t review your state’s notary laws and rules on at least an annual basis, it’s time to make that a non-negotiable practice.
For example, did you know that a Florida notary may not change anything in a written instrument (document) after it has been signed by anyone… or notarize the signature of a person who cannot see unless the notary has read the entire document to that person? Did you know that a Florida notary may witness the opening of an unpaid safe deposit box and make a certificate regarding specified particulars, including what was in the opened box?
Even if you have a good grasp of current notary laws and rules, they are all subject to change. That’s why you must regularly review them. So let’s get started!
First, identify and access your state’s applicable laws and administrative rules... a notary’s “True North.”
Florida’s statutory provisions are organized with general provisions applicable to all commissioned notaries; and with additional provisions for notaries who also choose to notarize for a remotely located individual:
- Chapter 117, Part I – General Provisions; and Part II – Online Notarizations
- Chapter 668, Part II – Uniform Electronic Transactions Act, Sec. 668.50(11)
- Chapter 732, Part V – Wills, Sec. 732.521-732.523; Sec. 732.526(2)
- Chapter 655 – Financial Institutions Generally – Sec. 655.94
Florida notaries who perform electronic notarial acts and remote online notarial acts are further governed by administrative rules of the Department of State:
- RULE 1N-5.001 – Electronic Notarization; Definitions
- RULE 1N-5.002 – Electronic Notarization; Notary’s Electronic Signature
- RULE 1N-7.001 – Remote Online Notarization
Consider complementing your review of notary statutes and rules with our notary training course, available HERE. You can also browse our website’s helpful FAQs and blog. Or perhaps a Florida Notary Handbook will become your favorite resource… it’s the perfect size to keep handy at your desk, or to tuck into your bag or briefcase.