Florida Notary Public Updates

Every signature notarization requires a notary public to assess if they may perform the notarization, or if they must decline it.

Can the notary identify the named principal signer?

Identification must be by personal knowledge, a satisfactory identification credential, or use of one or two credible witnesses.  All identification methods must conform to Florida law.

Does the person appear to be aware and willing to have their signature notarized?

A notary must never notarize the signature of a person who appears to be confused, unresponsive, or urged to sign against their will.

What kind of signature notarization?

Remember, your notary commission alone does not grant you an attorney’s power to give advice. Unless you are also an attorney, you cannot advise or tell a customer which notarial act should be performed. If the document does not already indicate the desired notarial act, you can only: explain each available signature notarial act and let the client choose; or advise them to call a party relying on the document, or an attorney, for clarification.

How many notarial acts?

Does the document require more than one notarial act to be performed?  You may charge the allowed fee of $10 for each notarization (completed notarial certificate) that you must perform.

Examine the Document

Next, examine the document. Check for these key things:  the document appears to be complete (you have all the pages, and there are no blanks that should be completed prior to notarization); there are no post-dated signatures on the document; the person named as the signer of the document is personally present; if the document is already signed, that the notarial act is an acknowledgment, not an oath/affirmation (otherwise it must be signed again in your presence); and, that the notarial certificate is for an act you may perform, its wording substantially complies with state law, and all the notarial certificate wording is contained on the same page.  This examination also allows you to accurately describe the document and notarial act in your record book (journal) entry.

Discuss your fee (if you decide to charge one)

Before the notarial act is performed, you should advise the customer of your fee, if you intend to charge it. If there are travel costs involved, you should have disclosed them in advance, and they should be itemized separately from the cost of the notarial act.

Complete the Steps for a Notarial Act                          

Now, you may notarize the person’s signature. Require the individual’s personal appearance, verify their identification, be assured the signer understands the document contents, seems competent, and appears willing to have their signature notarized, and complete all notarization steps.