Notary Public Underwriters Blog
Notary Personal Appearance Rule: Why Skipping It Led to a Florida Arrest
- Details
- Published: February 8, 2022
Last updated: September 2026
Multiple Florida news outlets recently reported the arrest of a commissioned notary public, accused of fraud connected to a signed agreement between her employer and the person who signed it.
What Allegedly Happened
According to reports, a salesperson working for the notary's employer obtained the signer's signature on the disputed document. That signature required notarization, but the signer later stated, in a sworn affidavit, that no notary was present when they signed.
Investigators believe the notary completed the notarial certificate afterward, signing it and affixing her official seal, without the signer ever being physically present.
Why This Violates the Core Rule of Notarizations
If accurate, this case represents a violation of the single most fundamental rule in notarization: a notarial act can never be performed without the signer's personal appearance before the notary. Without that presence, the notary also could not have properly verified the signer's identity — a requirement in every state.
What Happened Next
The notary was arrested, booked into a local detention center, and released after posting a $2,000 bond. If she's ultimately found guilty of notarial misconduct, she faces additional penalties and sanctions under Florida's notary public law.
Your Employer's Process Doesn't Override Notary Law
This case is a reminder for every employee notary: YOU, not your employer, are solely responsible for knowing and following the laws and administrative rules that govern every notarial act you perform.
It's an easy trap to fall into. Notaries sometimes go along with an employer's established signing procedures without realizing those procedures conflict with notary law. Employers themselves often don't recognize the conflict either. And some notaries know the rules well enough to see the problem, but go along with it anyway, assuming their employer bears the ultimate responsibility. It doesn't work that way.
Don't Assume "It Can't Happen to Me"
Never fall into the mindset that fraud, misconduct charges, or an arrest "can't happen to me." That thinking becomes dangerous fast, especially if your day-to-day work involves notarizations that don't fully comply with your state's law and administrative rules. Rather than bend the rules to fit a workflow, be the notary who pushes back — informing employers and customers of the legal requirements you're bound to follow. Consistently following those formalities is exactly what protects you against claims of document signing fraud.
Are you protected?
Even notaries who know the law inside and out make honest mistakes. That's what Errors & Omissions insurance is for. Without an E&O policy, you could face significant legal fees defending yourself — even if you are not at fault.
Notary Public Underwriters offers various levels of coverage to best meet your needs, even if you are a currently commissioned notary public. To see your options, select your state from the list below.
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