Estate Planning Notary Service

Florida Statute Summary

Florida Statute 117.05 outlines various aspects of the use and regulation of notary commissions in the state. Here’s a summary of the key points:

• Commission in Legal Name, No Self-Notarization: A notary commission must be obtained and used in one’s legal name. It is illegal for a notary to notarize their signature. Applicants must provide proof of identity to the Department of State. Violation of this section is a third-degree felony.
• Notary Fees: Fees for notarial acts cannot exceed $10 for each stamp, except as stated in specific sections. Notaries cannot charge for witnessing a vote-by-mail ballot and must provide this service upon request.
• Notary Public Seal: The notary seal must be a rubber stamp type, include specific wording (“Notary Public-State of Florida,” the notary’s name, expiration date of commission, and commission number), and be affixed in black ink. The notary must also print, type, or stamp their name as commissioned on the document.
• Control of Seal and Commission: The seal and commission certificate are the exclusive property of the notary and should not be surrendered to an employer upon termination of employment. If the seal is lost, stolen, or in someone else’s possession, the notary must notify the Department of State or the Governor.
• Requirements for Notarization: A notary may not notarize a signature unless they know or have satisfactory evidence of the signer’s identity. The notary must also specify the type of identification used in the certificate of acknowledgment or jurat.
• Employer Liability: An employer is liable for damages caused by a notary’s official misconduct if the notary was acting within the scope of employment.
• Impersonation Penalties: Impersonating a notary or acting as a notary with an expired commission is a misdemeanor of the second degree.
• Name Change Procedure: A notary who legally changes their name must request an amended commission and submit the required documentation and fee to the Secretary of State.
• Advertising Requirements: A notary who advertises in a language other than English must include a specific statement clarifying that they are not an attorney and cannot give legal advice.
• Prohibition of Literal Translation: The phrase “Notary Public” must not be translated into another language in advertisements.
• Supervision of Copying Documents: A notary can supervise the making of a copy of a record and attest to its trueness, except for vital or public records where a custodian can make the copy.
• Certificate for Attested Copies: A specific certificate form must be used for notarizing attested copies.

This statute sets forth comprehensive guidelines for the conduct, responsibilities, and limitations of notaries public in Florida, ensuring proper and legal notarization of documents.

Notarial Certificates

These templates are based on standard practices and may need to be adjusted to comply with specific legal requirements or changes in law.

• For the Notarial Acknowledgment: The signer is not required to sign in the presence of the notary but must acknowledge that the signature on the document is theirs and that they understand and are willing to sign the document.
• For the Notarial Jurat: The signer must sign the document in the presence of the notary. The notary must also administer an oath or affirmation, and the signer must swear or affirm that the statements in the document are true.
• Use of Seal: Florida law requires the use of a seal by the notary. Ensure the seal is clear and legible.
• Identification of the Signer: The notary must either have personal knowledge of the signer or obtain satisfactory evidence of the signer’s identity.

Disclaimer and Use of Notarial Certificates:

The use of the notarial certificates is entirely at the user’s own risk. These certificates are templates and may not be fully comprehensive or up-to-date with the latest legal requirements. Users are strongly advised to review the relevant Florida Statutes for specific legal obligations and instructions. Click on the button below, you will find Ladybug Mobile Service’s Community Support notarial certificates in the State of Florida, this link will force a copy in your Google folder.