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Florida Notary Public Updates

Can a Florida Notary Refuse to Notarize?

 

The answer is yes. At some point in your career, you may find yourself in a situation where refusing to notarize a document is necessary. Florida law requires that a notary should refuse a notarization under the following circumstances:

  • The document is incomplete or blank (not filled out)
  • The signer is not present
  • The notary is also the signer
  • The signer is related to the notary (parent, child, spouse or sibling)
  • The notary is a party to the document or could benefit from it financially
  • The document is not in a language that the signer understands
    • Additionally, the conversation between the Notary and signer, especially the verbal ceremony, must be in a language that both the principal and Notary can speak and understand
  • The signer does not have proper identification and the notary does not personally know the signer
  • The signer is mentally incapacitated
  • The signer refuses to sign the document
  • The signer does not know what type of notarial act is required and there is no notarial certificate prepared on the document
  • The signer appears to be intoxicated, sedated or disoriented
  • The notary suspects that the document is illegal, forged or deceptive

Ultimately, it is up to the notary to make the final decision regarding whether or not to proceed with a notarization. Always use your best judgment and ensure that all conditions are met before notarizing a document. Being cautious in these situations protects you and your commission.