Can I perform a notarization for a minor and if so, how?

Yes, you can notarize a document for a minor. Florida does not stipulate an age limit for completing a notarization for a minor, but you are required 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 and information regarding other challenging notarizations, consider purchasing either the Notary Education Course or the ASN Florida Notary Handbook. 

Can I refuse to notarize?

Yes, if proceeding with notarization would cause you to commit a prohibited act, or if any of the required elements/criteria for performance of a proper Florida notarization are missing. Situations that may require you to refuse include when you doubt that the signer is competent or willing to execute the document; or you are being asked to bend a rule of notarization such as requiring the signer to be present before you; or the document presented for notarization is clearly incomplete.

If you are an employee-notary your employer controls how you manage your time and tasks while on the job, so you may need to refuse a notarization requested during business hours. If you must refuse for this reason, you may offer to perform the notarization during non-work hours.

Use your best judgment, and always know and follow notarial law, when weighing whether you must refuse a notarization.

My record book is complete, what should I do with it?

We want to commend you for keeping records even though it is not required in Florida-- we think it's an excellent habit!

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 7 years.

Can I notarize documents out of state?

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 a notarization in Florida and it would be valid in any other state or foreign country, so long as you followed Florida law at the time of the notarization.

You can find the full explanation of your jurisdiction in the ASN Florida Notary Handbook. 

Am I required to use a record book?

Florida notary law does not require the use of 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 of the recommendations provided by the Governor’s Office.

Can I perform a marriage ceremony for a relative?

Yes, a notary public may perform marriage ceremonies for family members in Florida since you are not notarizing anyone’s signature. The ceremony must take place in Florida and you must be a notary public commissioned in Florida.

Do I need a notary stamp?

Yes, in order to properly perform your duties as a notary public, you must use a rubber 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

Furthermore, the seal must have photographically reproducible black ink. All of Troy Fain Insurance’s notary stamps meet all requirements of law, come in a wide range of stamp case colors, and are backed by our lifetime guarantee.

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.