Notary Basics FAQs
What is a Notary Public?
What is a notarization?
What duties can a Notary perform?
Can I notarize my own signature?
It is prohibited by Florida law for a notary to notarize his/her own signature. To do so would pose a conflict of interest since you cannot be an impartial witness to yourself.
Can I notarize the documents of my family?
Florida law states that a notary may not notarize for a spouse, child or parent. Although notarizing for any extended family member is not prohibited, you may risk the legitimacy of the document. It is not recommended to notarize a document for any relative.
Can I perform a marriage ceremony for a relative?
Yes, a notary public may perform marriage ceremonies for family members in Florida. The ceremony must take place in Florida and you must be a notary public commissioned in Florida.
Can I notarize documents out of state?
Unfortunately, no you cannot perform a notarial act out of state. You and the signer must physically be present in Florida, even if the documents are intended for use in Florida. Your jurisdiction as a Florida notary only extends to Florida.
That being said, you can perform the notarization in Florida and it would be good in any other state or foreign country, as long as you follow Florida law. Also, be sure the venue reflects you are completing the notarial act in Florida, even if the documents where created elsewhere.
You can find the full explanation of your jurisdiction in the ASN Florida Notary Handbook.
Can I refuse to notarize?
Yes. If all of the requirements to perform a proper Florida notarization have not been met, if you question the signer's competence, or suspect they are being coerced, you should refuse to notarize.
If you are uncomfortable with what you are being asked to do, you can refuse. For example, some religions may frown on one of their members performing a marriage ceremony, or you may be unwilling to notarize a will because of liability concerns.
There may also be limitations set by your employer during office hours, and they would be within their rights to impose them. Remember, if you are notarizing as part of your job, your employer shares your liability.
Do I need a Notary seal or stamp?
Yes, in order to properly perform your duties as a notary public, you must use a rubber ink-stamp seal containing the following information:
- The words, "Notary Public - State of Florida"
- Your name, exactly as it appears on your commission certificate
- The expiration date of your commission
- Your commission number
Am I required to use a record book?
Florida notary law does not require you use a record book. However, keeping a log of your Florida notarial acts may protect you or provide evidence if a specific notarization is ever questioned at a later date. The risk of liability is enough to consider keeping a record book to provide a lasting and thorough record of your notarial acts. You can order a Florida notary record book from us, which complies with all recommendations of the Governor’s Office.
My record book is complete, do I dispose of it in a specific manner or what do I do with it?
We recommend you keep your record book indefinitely. You never know when the record of previous notarial acts will be needed. If you do not want to keep it forever, we highly recommend you hold on to it for at least 5 years.
And we want to commend you for keeping records even though it is not required in Florida-- we think it's an excellent habit!
I know we can complete a notarization for a minor, but are there any adjustments to the regulations I should follow?
Florida does not stipulate an age limit for completing a notarization for a minor, but they do require you to follow the same standards you would for any other notarization. For instance, the minor must physically be present, proper identification must be presented and you must establish the minor is not being coerced into signing and understands the document. The parent cannot sign for the child.
For full details of how to complete a notarization for a minor, please read our blog.
Where can I find the laws and rules for being a Notary?
You will find laws regarding Florida Notaries in Chapter 117 of the Florida Statues.
How much may I charge for notarizing a document?
Florida law permits you to charge up to $10 per notarization and up to $30 for marriage ceremonies. You may also charge for mileage or convenience if you are traveling to a customer. Any extra charges need to be outlined and accepted verbally or by written invoice explaining the charges before you notarize the document.