A Florida notary is appointed by the Florida Governor. The Governor also has the authority to reject notary applications and suspend or revoke a notary commission. Florida notaries are governed by Florida notary statute Chapter 117. Before you become a notary public in Florida, you should familiarize yourself with a notary’s authorized duties outlined in the Florida Governor’s Reference Manual for Notaries.
Whenever a Florida notary notarizes a signature, they are required to perform one of two official notarial acts:
When performing a notarial act, look for the key words “acknowledged” (for an acknowledgement) or “sworn to” (for an oath) in the notarial certificate to determine which of these two acts to perform. Whichever of these two notarial acts you perform after you become a notary in Florida, you must positively identify the signer. You may do so using an acceptable government-issued photo ID (such as a U.S. passport or Florida driver’s license), using the “personally known” identification method (that is, you know the signer well enough to be certain of his or her identity), or using the oath of a credible witness (who is either personally known to you or whom you positively identify).
Florida notaries public also have the authority to:
In addition to these four duties, a notary public in Florida has two uncommon notarial powers that are not often granted to notaries in other states:
One of the most common notarial acts performed by Florida notaries public is the taking of acknowledgements. To perform this duty faithfully as a notary, you must ensure that:
In an acknowledgement act, it is not necessary that the signer actually sign the document in your presence. The document could have been signed two minutes, two days, or two years ago. The important thing is that the signer acknowledges their signature on the document. You may wish to ask the signer, “Do you acknowledge that this is your signature and that you are executing this document of your own free will?” If you have any question about the signer’s willingness to sign or understanding of the document, you should decline to perform the notarization.
A variety of documents may require an acknowledgement, including:
When a signer is required to make a sworn statement about certain facts, a Florida notary public administers an oath or affirmation. The difference between an oath and affirmation is that an oath makes reference to a deity while an affirmation does not, but both have the same legal weight.
To perform this duty as a Florida notary public, you must ensure that:
The signer personally appears before you and signs the document in your presence.
You ask the signer, “Do you affirm [or solemnly swear] that the information contained in this document is true [so help you God]?”
You complete a proper notarial certificate indicating that an oath or affirmation was taken.
Common types of oaths include:
A notary public in Florida is authorized to attest to the trueness of photocopies of certain documents. (Florida notary law calls this “attesting to” copies not “certifying” copies.) A Florida notary can only attest to photocopies of documents that meet the following criteria found in Section 117.05(12) of the Florida Statutes:
In order to attest to a photocopy, a Florida notary public must:
Some documents that can be photocopied from the original and attested to by a notary include:
Sometimes, it becomes necessary for banks and other financial institutions to open safe deposit boxes when the rental fee is past due. When this happens, Florida law requires a notary public to be present to inventory the contents of the box and make a certificate of the opening [Section 655.94(1), Florida Statutes].
When you become a notary in Florida, to certify the contents of a safe deposit box, you must:
There are only three states in the Union that allow notaries to perform marriage ceremonies, and Florida is one of them. To solemnize a marriage as a Florida notary public, you must:
When an individual applies for a used motor vehicle title in Florida, the owner of the vehicle must sign a sworn statement that the vehicle identification number (VIN) and the odometer reading on the vehicle are correct, and an authorized person must physically inspect the vehicle to certify the VIN.
A Florida notary public is authorized to certify VINs [§ 319.23(3)(a)(2), Fla. Stat]. To do so, you should:
When you become a notary in Florida, you will be authorized to perform all six of these duties.
The American Association of Notaries can handle your Florida notary application from start to finish. We are a one-stop resource for all your notary needs, and we have been serving notaries since 1994. When you are commissioned as a Florida notary, we will manufacture and ship your Florida notary stamp and notary supplies.
Legal Disclaimer: The American Association of Notaries is committed to providing accurate and up-to-date information. However, it is important to note that the information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and do not guarantee the accuracy, completeness, or reliability of the information provided. It is your responsibility to know the appropriate notary laws governing your state. You should always seek the advice of a licensed attorney for any legal matters. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions.