Florida Notary Laws: Requirements, Duties, and Liabilities

Florida notaries operate under Chapter 117 of the Florida Statutes and are governed by the Florida Department of State. This article outlines the key requirements to become a notary, the duties performed in common notarization practices, and the potential liabilities notaries face. The information below reflects current Florida law and is intended to help notaries and stakeholders understand the scope, limits, and responsibilities of Florida notaries in everyday practice.

Overview Of The Florida Notary System

In Florida, notaries public are commissioned by the Governor on the recommendation of the Division of Corporations, and their authority is defined by Chapter 117 of the Florida Statutes. Commissioners serve four-year terms and must maintain an official seal and a journal to record acts. Notaries are empowered to perform certain acts, such as acknowledgments and jurats, for documents intended to be used in Florida or elsewhere, depending on the act and jurisdiction.

Requirements To Become A Florida Notary

• Age And Eligibility: Must be at least 18 years old and of good moral character. A person with certain felony convictions or convictions involving moral turpitude may be disqualified unless pardoned or otherwise authorized by law.
• Residency And Employment: Typically a resident of Florida or employed in Florida. Non-residents may be eligible if otherwise qualified under state rules.
• Identification And Citizenship: Must be a U.S. citizen or legal resident and possess a valid government-issued photo ID for verification of identity.
• Bond And Oath: Required to obtain a faithful performance bond (not to exceed $7,500) and to file an oath of office with the Florida Division of Corporations, along with fees.
• Background And Education: Applicants must disclose felony or fraudulent convictions. A notary education course is required before appointment and may be required to complete additional training after appointment.
• Appointment Process: The Governor appoints notaries upon the Division of Corporations’ recommendation. After approval, the applicant receives commissioning documents and a seal.

Notary Duties And Authorized Acts

Florida notaries perform a range of acts designed to deter fraud and ensure the authenticity of documents. Common duties include:

• Acknowledgments: Verifying the signer’s identity and willingness, and recording the acknowledgment in the journal.
• Jurats And Oaths: Administering oaths and having signers swear to the truth of statements in documents, then completing the jurat or affirmation.
• Proofs Of Execution: Verifying that signatures are genuine when documents require a proof of execution.
• Copy Certifications: Certifying copies of non-vital records or official records in certain circumstances, subject to statutory limitations.
• Sealing And Journaling: Using an official seal to affix a notarial seal and maintaining a notary journal of every notarial act, including dates, signatures, and identifications.
• Record Retention: Keeping accurate records of all acts and safeguarding the integrity of the journal and seal.

Notary Fees And Record Keeping

Notaries may charge reasonable fees for notarial acts as allowed by law. Specific fee caps or schedules are published by the Florida Department of State and may change periodically. Notaries should clearly disclose fees to signers before performing services.

Record-keeping practices are critical. The notary journal should include:

• Dates of each act
• Names of signers and witnesses, if any
• Identification methods used
• Type of notarial act performed
• Details of the document and any disclaimers

Notarization Process And Best Practices

• Identity Verification: Use acceptable forms of identification and verify the signer’s identity in person whenever possible.
• Voluntary Participation: Ensure the signer is signing willingly and understands the document’s contents.
• Document Review: Do not provide legal advice; review the document only to confirm procedural requirements.
• Signature And Acknowledgment: Obtain signatures and complete the appropriate notarial certificate with accurate details.
• Seal And Journal: Apply the official seal correctly and record the act promptly in the notary journal.
• Remote Notarization: Florida has specific rules for remote online notarizations (RON); verify eligibility, technology, and required identityproofing procedures under current law.

Liabilities And Legal Risks For Flor ida Notaries

Notaries face civil, criminal, and professional liability for improper acts or negligence. Potential risks include:

• Notarial Errors And Omissions: Mistakes in identification, execution, or certificate language can lead to civil liability or invalidate the act.
• Fraud Or Misrepresentation: Deliberate misrepresentation or assisting in fraudulent documents can trigger criminal penalties and disqualification from office.
• Unauthorized Acts: Performing a notarial act beyond the scope of authority or outside the signer’s presence can result in liability and disciplinary action.
• Record Mismanagement: Failure to maintain a proper journal or securely store documents can increase exposure to liability and compromise integrity.
• Bond And Insurance Implications: A bond or errors and omissions insurance may not cover all acts; understanding policy limits is essential for risk management.

Common Mistakes And Best Practices

• Rushing Or Skipping Verification: Always verify identity and signer capacity before proceeding.
• Inaccurate Certificate Language: Use precise, legally required wording for each notarization to avoid ambiguity.
• Journal Omissions: Record every act promptly; include all required details.
• Sealing Errors: Ensure the seal is legible, properly inked, and placed on the document where required.
• Ignoring Remote Notarization Rules: Follow all statutory and technological requirements if performing RON acts.

Resources And Further Reading

For the most current information, consult authoritative sources such as:

• Florida Department of State – Notary Public information and forms
• Chapter 117 of the Florida Statutes (Notaries)
• Notary education providers approved by the state
• Florida Administrative Code provisions related to Notaries

Checklist: Quick Reference For Florida Notaries

1. Verify eligibility and obtain necessary bond and oath.
2. Maintain an official seal and a comprehensive journal.
3. Perform identity verification and ensure informed consent.
4. Record accurate details of every act and use correct certificate language.
5. Comply with fee schedules and document retention requirements.