introduction mandatory education effective july 2000, notary education was made mandatory for all...

Florida State Notary LawEverything You Need To Know

To Protect Yourself

Introduction Mandatory Education

Effective July 2000, notary education was made mandatory for all new notary applicants.

An approved class must be completed within one year prior to completing an application for a commission

Proper education protects the notary from liability and costly lawsuits and penalties and protects the public from notary errors and omission.

Resources

Florida Governors Office/Secretary of State The Florida Governor’s Office, Notary Section

and the Florida Secretary of State’s Office Notary and Commission Certification Section handle the commissioning process for Florida Notaries.

American Society of Notaries Headquartered in Tallahassee it is an essential

advocate for the protection and education of the notary. It provides expert information and assistance. www.ASNNotary.com

Contact Information

Office of the GovernorNotary Section

209, The Capitol

Tallahassee, FL 32399-0001

1-(850) 922-6400

Web Site: www.flgov.com

E-mail: [email protected]

Contact Information

Office of the Secretary of StateFor Notary Commissions

Department of State, Division of Corporations

Notary Commissions

P.O. Box 6327

Tallahassee, FL 32314

1-(850) 254-6975

Web Site: http://notaries.dos.state.fl.us


Contact Information

Office of the Secretary of State

Apostille Certification

Department of State

Division of Corporations, Apostille Certification

P.O. Box 6800

Tallahassee, FL 32314

1-(850) 245-6945

Contact Information

American Society of Notaries (ASN)P.O. Box 5797

Tallahassee, FL 32314-5707

1-(850) 671-5164

Web site: www. ASNNotary.org


The Notary’s Role Status as a Public

Officer What is a Notary Public?

A notary public is a public officer, one whose authority to perform certain functions or notarial acts is derived from a commission from the Governor of the State of Florida.

A notary’s chief responsibility is to act as an impartial witness in the execution of documents, and to certify the facts of such transactions in a notarial certificate.

Functions of a Notary

Why do we need Notaries? To help prevent fraud

To act as an impartial witness in the execution of documents

Notarization involves the execution of signed documents, and the law requires the notary to prove the signer’s identity, determine the signer’s comprehension of the act about to take place and ascertain the signer’s willingness to sign. If you are unable to prove the signers identity, you cannot proceed with the notarization

If you suspect a signer is being forced or coerced into signing, or doesn’t understand what is taking place, you must refuse to perform the requested notarial act.

Prohibition Against Conflict of Interest

It is essential that you act with total impartiality. You must be an unbiased, disinterested party who stands between the signer and anyone who would defraud that signer.

That means, when performing a notarial act, you cannot have any conflict of interest, including being a party to the transaction or gain financially from it.

(A financial benefit would not include the fee for the notarial service).

Functions of a Notary

The primary duties of a notary are to take acknowledgments, or administer oaths/affirmations, for the execution of documents. Ensuring that: The signer understands the document’s contents

and effect The signer is truly willing to sign the document for

its stated purposes, or to swear to its truthfulness The person appearing for the notarial act is indeed

the person named in the document as the signer The document presented for notarization displays all

the physical characteristics that make it eligible for notarization.

Ethical Conduct and Professional

Responsibility As a public officer, you have the obligation to

conduct yourself in a manner that is worthy of the office you hold.

The professional conduct you should strive to exhibit as a notary are: Observe Client Confidentiality Avoid Discrimination Among Customers Lawfully Advertise Your Notary Service

Must include: I am not an attorney licensed to practice law in the State of Florida, and I may not give legal advice or accept fees for legal advise.


Responsibility Unauthorized Practice of Law

DO NOT assist a client in drafting a document DO NOT give an opinion or advice about the contents or

the effects of the transaction DO NOT tell the client how to execute the document,

advise he client about the need for a witness, or choose the notarial act for the notarization

DO NOT advertise, state, or imply that you have powers not lawfully given you as a notary

DO NOT charge a lawyer’s fee for notary services DO NOT advertise your notary services in a foreign

language without stating in both English and the language of the advertisement that you are not an attorney and have no authority to give legal advise.


Responsibility Immigration

States are adding new laws and harsh penalties for notaries who defraud people wishing to become citizens. DO NOT give anyone the idea that you have special abilities and powers as a notary to help people gain legal status in the US.

Code of Ethics Practice proper adherence to notary

procedures and laws, treat every notary client with respect and dignity.

Appointment and Commission

Notaries are public officers appointed and commissioned by the Governor. You are not licensed, you are appointed. Remember an appointment is a privilege not a right.

The term of office is four (4) years - §117.01(1)

If your lawful name changes, you must request an amended commission.

You must submit any changes in address in writing to the Notary Commissions and Certifications Section.

When resigning your commission, you must do so in writing to the Governors office and return your original commission certificate, and return or destroy your seal.

Appointment and Commission Cont’d

You may only perform your official duties within the geographical boundaries of Florida

Prior to appointment, applicants must obtain a surety bond in the amount of $7,500.00 and maintain that bond throughout your appointment.

The bond DOES NOT protect the notary, it protects the public against any act of misconduct or negligence in the performance of your official duties as a notary..


When a notary bond is paid to some individual who was harmed as a result of an improper notarization, the bonding company will usually demand repayment from the notary.

For your protection, you should carry errors and omissions insurance.

The Individual Errors and Omissions Insurance Policy covers the named notary with no coverage provided for the notary's employer. The policy is issued to cover the four-year term of the notary appointment.


Errors and Omissions - Approximate Individual Policy Limits and Premiums

Your bonding company can provide you with further policy information

Policy Limit Term Premium

$10,000 4 years $30.00

$25,000 4 years $65.00

$30,000 4 years $75.00

Notary Seal

Your official seal must contain the following 4 elements: The words “Notary Public State of Florida The notary’s exact commissioned name The notary’s commission number The notary’s commission expiration date

Your seal must be in black ink. You may use an impression seal in addition to the rubber stamp, but not in place of it.

Notary Fees

Florida authorizes notaries to charge up to $10.00 for each notarial act.

Notaries may charge up to $20.00 to solemnize a marriage

Government Employees as

Notaries Public A municipality is authorized to pay the cost

of securing a notary commission for one or more of its employees.

Although the municipality pays for the commission, it is the employee who is appointed notary public, not the municipality.

The municipality may set regulations regarding the use of the employee-notary’s commission during working regular business hours.


Notaries Public Cont’d All fees collected by the employee-notary

for notary services during business hours belong to the municipality (FS § 116.35-116.38). Fees must not exceed those authorized by Florida Statute Chapter 117.

The employee-notary may perform notarial acts outside his employment and may charge fees for those services as authorized by Florida Statute. Such fees belong to the notary.


Notaries Public Cont’d The notary seal, commission, journal etc. are the

property of the notary public even if the municipality paid for such items. Even upon termination these belong to the notary public.

The employee-notary and the municipality are liable for all notarial acts performed by the employee-notary within the scope of his or her employment (FS § 117.05(6)).

When the employee-notary terminates employment with the municipality the municipality does not have the authority to request, or require the resignation of the employee-notary from the office of notary public.

Avoid Liability

KNOW THE LAW

Insist on the Signers Presence and Identification Never perform a notarization without the

signer being in your presence, face-to-face. Most notaries who find themselves in trouble

with the Governor’s Office or State Attorney have proceeded with a notarization without the document signer’s presence.

Avoid Liability

Use Reasonable Care Be cautious and prudent and obey the law

Make No Exceptions Avoid the “could you just for me” Your commission, reputation, and your freedom

could be jeopardized. Post a set of notarization rules that clearly state

Personal Appearance Required Identification Fees

Carry Errors & Omissions Insurance

Avoid Liability

Keep Good Records Keep a notary journal Be certain you have the signer sign your book Request a thumb print Write down the drivers license number

By doing this it will help prove you followed the proper procedures in case you are requested to testify.

Disciplinary Action §117.01(4);117.105

A notary is subject to sever disciplinary action by the Governor’s Office for any violation of notary law.

If a complaint is registered against the notary, an investigation will be initiated and the Governor’s Office will determine if further action is needed.

This may include a written reprimand to suspension of the notary’s commission. The suspension is often permanent.

Disciplinary Action §117.01(4);117.105

Criminal penalties may also result from the investigation or from a lawsuit brought against the notary

The fact that the notarial certificate declares that the signer appeared before you, failure to require a personal appearance or prove the identity of the signer renders the notarial certificate false in the eyes of the law.

Duties of a Notary Public

Notaries are authorized by law to perform six basic duties Administer oaths or affirmations Take acknowledgements Attest to photocopies of certain documents Solemnize marriage Verify vehicle identification numbers (VINs) Certify the contents of a safe-deposit box

Understanding Oaths and

Acknowledgements When you notarize a signature, you must

perform one of two official notarial acts: take an acknowledgement from or administer an oath (or affirmation) to the document signer.

These two acts have different purposes. The lack of understanding of these basic duties causes confusion and often leads to errors in notarizations.

Acknowledgements

To take an acknowledgement, the document signer must personally appear before you, the notary public, and declare that he or she has signed the document voluntarily.

You should ensure that the signer understands the document and has not been coerced into signing.

If there is ANY question about the signers willingness to execute the document or his or her understanding of the contents of the document, you should refuse to notarize and advise the person to seek legal advise.

Oaths or Affirmations

An oath or affirmation is administered to a document signer when the signer is required to make a sworn statement about certain facts.

The signer personally appears before you to swear (or affirm) to you, an office duly appointed to administer oaths, that the information contained in the document is true.

A person who makes a false oath is subject to criminal charges for perjury.


(cont’d) Begin with the administration of an oath or

affirmation. The court has held that there should be a verbal exchange between the notary and the document signer.

Simply ask: “Do you swear (or affirm) that the information contained in this document is true?

After receiving an affirmative answer, you must complete a proper notarial certificate indicating that an oath or affirmation was taken.


(cont’d) If the document you are asked to notarize

contains a prepared notarial certificate, look for the key words “acknowledged” or “sworn to” to tell you which notarial act is required.

If there is no certificate the signer must direct you whether he or she wants to make an acknowledgment or take an oath.

Unless you are an attorney, you are not authorized to advise a person which notarial act is appropriate and you may not advise regarding the contents of the document.

Attesting to Photocopies

In Florida, notaries are authorized to attest to the trueness of photocopies of certain documents.

A notary may make attested photocopies if the following criteria found in section 117.05(12) of the Florida Statutes is met The document must be an original document. A notary

cannot make an attested photocopy from a photocopy, or another certified copy.

The document cannot be a public record, certified copies of which are available from another pubic official. If a certified copy can be obtained from the official source, then the notary public should decline the request.

The making of the photocopy must be supervised by the notary. It is not sufficient for the notary to compare the photocopy to the original document.


(cont’d) The following are examples of documents that are considered

public records, copies of which cannot be attested to by a notary Birth Certificate Marriage Certificate Death Certificate Certificate of citizenship or naturalization Documents filed in a court proceeding Documents recorded by the Clerk of Court Public records maintained in a government office Student records (i.e. transcripts) maintained in public education

offices Federal or state income tax forms, already filed Professional licenses issued by the State of Florida Any document for which photocopying is prohibited

This is not a complete list of records. If there is a question contact the agency


(cont’d) The following is a list of documents that may be

photocopied from the original and attested to: Florida driver’s license Florida vehicle title Social Security Card Diploma Medical record U.S. Passport Bill of sale Contract Lease Resident alien card Personal letter

Solemnizing Marriage

Florida is one of three states that authorize notaries to perform marriage ceremonies. The following guidelines should be helpful

The couple must obtain a valid Florida marriage license from a county court judge or clerk of the circuit court and present it to the notary before the marriage ceremony.

The notary performs the marriage. An example of a civil ceremony is attached. It may be personalized, however the couple’s vows must reflect their intention to make a legally binding commitment to each other.


The notary is responsible for making a certificate on the appropriate portion of the marriage license and returning it to the office of the county court judge or clerk of the court which issued the license within 10 days after solemnizing the marriage.

The notary may charge up to $20.00 for solemnizing the right of matrimony § 117.045 & 28.24(29), Florida Statute.


A notary may perform a marriage ceremony for a person who is related to him or her by blood or marriage. The prohibition against notarizing the signature of a spouse, son, daughter, mother, or father does not apply because the notary is not notarizing the signature of the bride or groom, but is only certifying that the couple have been joined in marriage according to the laws of the State of Florida Op. Att’y Gen. FL 91-90 (1991).


The notary should check the expiration date of the license to ensure that it is still valid. The notary should require identification if the bride and groom are not personally known.

It is recommended that two witnesses, other than the notary, sign the marriage certificate in the event that proof of the marriage ceremony is necessary in the future.

Verifying a VIN

Florida law requires, that when applying for a Florida title for the first time on a used motor vehicle, the owner must sign a sworn statement that the vehicle identification number (VIN) and the odometer reading on the vehicle are correct.

A physical inspection of the vehicle must be done by an authorized person to certify the VIN. Notaries are included in the list of persons authorized to certify this information. §319.23(3)(a)(2) Florida Statute

Certifying the Contents of Safe-

Deposit Box Florida law provides that a financial

institution may open a safe-deposit box if the rental fee is past due, providing that proper notice has been made and that certain other conditions are met.

A notary public is authorized and required to be present for the opening of the safe-deposit box, to inventory the contents of the vault, and to make an appropriate certificate of the opening.

Florida Statutes 655.94(1)

Certifying the Contents of Safe-

Deposit Box Procedure

The notary must be present when opened and may not be director, officer, employee, or stockholder of the financial institution. An officer of the bank must also be present

Once open, the notary should inventory the contents of the box and complete a certificate reciting the name of the lessee, the date of opening and a list of the contents.

Once the certificate is complete copies should be made. The original is placed in a package with the contents of the box and sealed. The package should be marked with the name of the lessee and the date of opening.

The package is left with the financial institution along with a copy of the certificate.

It should be recorded in your notary journal and have the person opening the box, the officer of the financial institution, and any witnesses sign your journal.

Don’t Notarize Photographs

Occassionally, you may be asked to notarize a photograph. This is not an authorized act under Florida Law.

You may, however notarize a person’s signature on a written statement concerning a photograph.

Keep in mind that you should not certify or attest that the person in the photograph is John Doe, you should certify that the statement concerning the photograph was signed and sworn to in your presence by John Doe. This is accomplished by using the standard notarial certificate (jurat) provided in the Florida Statutes for oaths.

Acceptable Identification

A notary public many not notarize a signature on a document unless he or she personally knows, or has satisfactory evidence, the person whose signature is to be notarized is the individual who is described in and who is executing the instrument.

A notary public shall certify in the certificate of acknowledgement or jurat they type of identification, either based on personal knowledge or other form of identification, upon which the notary public is relying on.

Personally Known

“Personally Known” means having an acquaintance, derived from association with the individual, which establishes the individual’s identity with at least a reasonable certainty.

Satisfactory Evidence

“Satisfactory Evidence” means the absence of any information, evidence, or other circumstance which would lead a reasonable person to believe that the person making the acknowledgment is not the person he or she claims to be, and any one of the following: (1) Sworn Written Statement of a Credible

Witness. The sworn written statement of a credible witness personally known to the notary public that the person whose signature is to be notarized is personally known to the witness.

Satisfactory Evidence (cont’d)

(2) Sworn Written Statement of Two Credible Witnesses. The sworn written statement of two credible witnesses whose identities are proven to the notary public upon the presentation of satisfactory evidence that each of the following is true:

(a) the person whose signature is to be notarized is the person named in the document

(b) the person whose signature is to be notarized is personally known to the witnesses

(c) that it is the reasonable belief of the witnesses that the circumstances of the person whose signature is to be notarized are such that it would be very difficult or impossible for that person to obtain another form of identification

(d) the person whose signature is to be notarized does not possess any of the identification documents specified in subparagraph 3

(e) the witnesses do not have a financial interest in nor are parties to the underlying transaction.

Satisfactory Evidence (cont’d)

(3) Forms of identification: A Florida drivers license or identification card A passport issued in the United States A passport issued by a foreign country only if it has the US

Naturalization Service Stamp A drivers license issued by a public agency authorized in another

state or territory of the US. A US military identification card An inmate identification card issued by the Dept. of Justice Bureau

of Prisons A sworn, written statement from a sworn law enforcement officer

that the forms of identification for an inmate in an institution of confinement were confiscated upon confinement and that the person named in the document is the person whose signature is to be notarized.

An identification card issued by the US Immigration and Naturalization Service.

Notarizing Step-by-Step

Examine the document

Check the Notarial Certificate Look at the venue: State of Florida, County of _______ Check the date Look for key words: “sworn” or “acknowledge” to

determine if you are to administer an oath or take an acknowledgement. If there is not certificate the signer must tell you which act the document requires.

Identify the person Assure the signer understands the document Administer the oath or take the Acknowledgment Complete the Jurat or Certificate

Notarial Certificate The certificate is the record of what occurred at the time of

the notarization, and you are responsible for ensuring that the certificate is complete and accurate.

Notarial certificates or an oath (or affirmation) or an acknowledge contain nine basic elements: Venue (the location of the notarization) Type of notarial act (oath, affirmation, acknowledgement) That the signer personally appeared before the notary (“before

me” statement) Actual date of notarization Name of person whose signature is being notarized Form of identification Signature of notary Name of notary printed/typed/stamped below the signature Notary seal

Notarizing in Special

Circumstances For the person who is mentally

incapacitated The law prohibits you from notarizing the

signature of a person who you know has been adjudicated mentally incapacitated by a court of competent jurisdiction if the notarization pertains to a right that has been removed. These rights refer to such things as the right to vote, marry, to execute conveyances of real property etc.


Circumstances (cont’d) Mental incapacity

What if the person is usually mentally competent but at the time of the notarization is medicated or is “in and out” of lucidity due to Alzheimer's?

When preforming a notarization, you should question the signer to determine that he or she is willing and competent to execute the document.

The following is a guide that might be helpful.


Circumstances (cont’d) Mental awareness questions

You may want to have an impartial witness to the notarization If you are asked to go to a hospital or nursing home to provide

services, check with the patient’s nurse or doctor prior to notarization

Talk to the person alone. Ask question unrelated to the notarization such as their name, address, telephone number. Engage in a conversation about his family, occupation or current events etc.

Ask the signer to tell you about the document to be notarized. What kind of document do you need to sign? Have you read it? Do you understand it? Do you need someone to explain it to you? Has anyone pressured you into signing it?

If you feel the person is mentally competent at the time proceed. IF IN DOUBT DON’T DO IT!

Complete your log and have a witness sign your journal

For a person who is blind

The law requires you to read the document to the signer before notarization

You may wish to add the statement in your notarial certificate that you have complied with this requirement of law: “I further certify that I read the document to (name of signer) prior to notarization.

Unless you are an attorney, you cannot advise the person about the contents of the document, however you may re-read any portion of the document if they request it.

For a person that does not speak

English The nature and effect of the document must be

translated into a language that the person does understand. The law does not specify that a written translation is required; therefore, an oral translation is sufficient.

You may wish to add a statement in your notarial certificate that you have complied with this requirement of law: “I further certify that the nature and effect of the document was translated for (name of signer) by (name of translator) prior to notarization.

Have the translator sign your journal

For a person who is deaf

The obvious problem exists in this situation is communication. Unless you and the signer are competent in sigh language or lip reading, you should communication with the person by writing notes.

Make additional comments about the notarization in your journal. Attach the notes to your journal.

For a person who is unable to read

Although not required by law, you should read the document to the document signer before the notarization

You may wish to add a statement in your notarial certificate: “I further certify that I read the document to (name of signer) prior to notarization.

Unless you are an attorney, you cannot advise the person about the contents of the document, however you may re-read any portion of the document if it is requested.

For a person who signs by mark

You may be asked to notarize the signature of a person who signs with a mark. The person may be illiterate or may have a disability which prohibits him or her from signing in the customary manner (see §117.05(14)(b) Fla. Stat.). The following guidelines may be helpful. Question the signer to be sure they understand

the nature and effect of the document to be signed. If the person is illiterate, read the document to them. If the person does not understand, refer them to an attorney for legal advise and do not proceed with the notarization.


Ask for proper identification Perform the appropriate notarial act:

administer an oath or take an acknowledgement

Before the person signs the document print their first name at the beginning of the signature line and their last name at the end of the signature line. Just below the line print the words “his mark” or “her mark”

John χ Doe his mark

Then, ask the person to make his or her mark on the designated line.


Complete the notarial certificate with all the required information. When filling in the person’s name whose signature is being notarized, you may want to indicate that the person signed by way of mark.

Two uninterested persons must witness the signing of the document and the notarization and that their names and addresses be clearly printed under their signatures.

Make appropriate comments in your journal.

For a person with a disability to directs

another to sign You may be asked to notarize the signature

of a person who cannot sign a document in the usual manner. A person with a disability may ask that you sign on his or her behalf (§ 117.05(14)(b)(d)). In a sense, one person substitutes his “hands” for the “hands” of the person with the disability.

You may notarize this signature but you should indicated the unusual circumstances in the notarial certificate. The following guidelines will be helpful:


another to sign Question the person to make sure he

understand the nature and effect of the document to be signed. If the person is blind read the document. If they do not understand what they are signing refer them to an attorney and do not proceed with the notarization.

Ask for proper identification from the person with the disability. It is not necessary to ask for identification of the person who is signing. Think of that person only as the “hands” of the person with the disability.


another to sign The designated signer or the notary may then sign the signature of the person with the disability at their direction and in their presence.

Perform the appropriate notarial act: administer an oath or take an acknowledgment. Your notarial act should be directed to the person with the disability.

Complete the notarial certificate with the required information. When stating whose signature is being notarized, it would be best to indicated the special circumstance of the signing.

Two personas with no interest in the transaction MUST witness the signing of the document and the notarization and that their names and addresses be clearly printed below their signatures. Unless otherwise required by law for the particular type of document, it is not necessary for the witnesses signatures to be notarized.

Be sure to get the witnesses and the designated signer to sign your journal and make appropriate notes.

For a person signing with Power of

Attorney Situation: John Doe presents a document to be signed by

Nancy Smith. Joe Doe states that he has power of attorney for Nancy Smith. John Doe signs the document in one of two ways Joe Doe as attorney-in-fact for Nancy Smith (preferred) Or Nancy Smith by John Doe, attorney-in-fact

It is NOT notary’s responsibility to ensure that the signer has power of attorney. The person states he has the authority and indicates this fact when he signs – just accept his word.

Note the capacity of the signer in the notarial certificate. Use a notarial certificate in substantially the same form as and acknowledgement in a representative capacity

Notarizing for a person who is a

minor Generally speaking you may notarize the

signature of a minor. All requirements of notary law must be followed.

Notary laws do not limit notarizations based on a persons age. It is recommend that you EXERCISE CAUTION when notarizing for a minor.

Question the child to be sure they understand and are not be forced to sign the document

The child must provide identification.


minor Problems

Most minors do not have one of the forms of acceptable identification listed in the Florida Statutes.

Possible Solution First, you may be interested to know that any

person 12 years or older may be issued a state identification card.

Second, you may use the sworn written statement of a credible witness to identify the minor.


minor Recommendation

When asked to notarize the signature of a minor YOU MAY REFUSE to do so if you are unsure about any aspect of the notarization. In unusual situations, you may even suggest that the minor and his or her parent or guardian seek an attorney.

Keeping records of your notarial acts: The

Notary Journal Notaries are not authorized to keep copies

of the documents they notarize. The best way to protect yourself is to document your notarial acts in a journal.

Florida law does not require the use of a journal; however you may be interested to know that the Governor’s Task Force on Notaries Public has recommended the mandatory use of journals.

Keeping records of your notarial acts: The

Notary Journal It is recommended that your journal be bound (not loose leaf or

spiral) and have consecutively numbered pages, so that a page cannot be removed without being detected. Include the following information in your journal entry Date of notarial act Type of notarial act: oath, acknowledgement, attested photocopy,

marriage Name or brief description of the document The party’s printed name, exactly as he or she signed the document The Party’s address The party’s signature The type of identification used including the serial number,

expiration date, date of birth, etc. Fee charged Any additional comments or notes you consider important: blind,

disabled, you read the document to the person etc.

Complaint Process

It is the responsibility of the Governor’s office to investigate allegations of misconduct by notaries. The Notary Section investigates hundreds of complaints each year. Most complaints involve business deals that have gone awry, persons involved in legal disputes, or friends who asked the notary for a special favor.

Complaint Process

The majority of complaints (about 75%) are violations of the presence requirements, and most of those also involve allegations of forgery or fraud.

Although the notary is not usually involved in the actual forgery or fraud, they facilitate the commission of these crimes by not requiring the document signer to be present. Other common complaints are related to incomplete notarial certificates.

Complaint Process

Once a complaint is received, a copy is forwarded to the notary requesting a sworn written response to the allegations. The notary’s response is then sent to the complainant, giving him an opportunity to reply. The Notary Section may find it necessary to request additional information from either party or from other sources. Once all information is gathered, the complain file is reviewed in its entirety by the Governor’s legal staff.

Complaint Process

If the allegations are unfounded the complaint is dismissed. If not, the Governor’s office recommends disciplinary action.

Disciplinary action is usually: A letter of advise of the improper action and a

method for correction A written reprimand and warning A request for resignation

Complaint Process

Suspensions Suspensions are typically done when a notary

is convicted of a felony while commissioned, when the notary refuses to resign when requested or when the notary cannot be contacted for a response.

Suspension are issued by executive order of the Governor.

Filed with the Secretary of State and the notary must appear before the Florida State Senate for a hearing or a trial. The Senate makes the final decision for permanent removal from office.

Electronic Notarization

I have attached a few pages in a PDF that will go into detail regarding electronic notarizations.

May I refuse to provide notary

services Yes, under certain conditions. Florida law actually

requires notaries to refuse in some situations. In other situations, notaries either should or may refuse to notarize.

The most common situations with statutory prohibitions occur when: The signer is not present The document is incomplete The notary is the signer The signer is the notary’s spouse, parent or child The signer has been adjudicated mentally incapacitied

and has not been restored to capacity as a matter of record.


services The notary does not personally know the

signer and the signer cannot produce acceptable identification

The notary is party to the underlying transaction or has a financial interest in it

The signer does not speak English and there is no one available to translate the document into a language they understand.


services There are other precautionary reasons for which a

notary should refuse to notarize even though a specific prohibition may not appear in FS Chapter 117 The document does not have a prepared notary

certificate, and the signer cannot tell the notary what notarial act is required.

The notary believes the signer is being coerced or does not understand the consequences of signing the document

The signer appears to be drunk, sedated, or disoriented

The notary knows or suspects that the transaction is illegal, false, or deceptive.


services In addition a notary may refuse to perform a

notarization in a variety of circumstances, when: The signer cannot pay the notary fee It is after hours It is a holiday The notary is busy with other work It would be inconvenient The notary is not comfortable with the

request***** The signer is a minor The document is in a foreign language The notary has to go to another location

Establish office policies

Establish a written policy for notarizations. Do you want to notarize for residents only? Do you want to notarize for town/city business only? Do you want to limit to specific types of documents? Do you want to charge the statutory fees?

Once you decide on your policy post it in the office so there are no questions. Be sure to include a disclaimer in your policy:

“The notary has the right to refuse to perform any notarization (Florida Statute Chapter 117)”

Questions?

Thank you and I hope this session provided you with some information you may not have been aware of.

introduction mandatory education effective july 2000, notary education was made mandatory for all...

Documents

notary public

notary education

notary errors

state of florida

florida notaries

new notary applicants

requested notarial act

fraudto act