Florida Notary Public Updates

Notary experts and experienced notaries agree: a highly effective practice when notarizing signatures is to follow a consistent procedure that addresses all the required steps of notarization.

Performing all the required formalities of notarization, carefully completing the notarial certificate, and entering each notarial act in a record book (journal) of notarial acts is every notary’s best defense against mistakes and possible malpractice.

Here’s a closer look at the formalities that must be performed every time a person’s signature is notarized:

1. Personal Appearance of the Named Document Signer

The named signer (the person whose signature requires notarization) must always appear in the notary’s presence. For all notarizations except those performed by a registered remote online notary, this means the signer is physically present with the notary, close enough for the notary to exchange tangible documents and ID credentials back-and-forth.

2. Identify the Signer

You can identify the present signer by personal knowledge, by identification credentials allowed by Florida’s notary law, by a sworn “credible” witness who is personally known to you and who personally knows the signer, or by two credible witnesses who personally know the signer and have proper identification for you to examine.

For important reference material, such as the forms of identification that a Florida notary may accept, and so much more, consult the Florida Notary Handbook, available on our website.

3. Examine the Document

As a Florida notary public, you are forbidden from completing notarial acts on documents that are “incomplete” at the time of notarization; for example, if there are blanks. If the signer does not know what to put in the blanks and cannot obtain help from a party that created or is relying on the document, you must refuse to complete the notarization.  (In general, a notary must not give advice or an opinion on the contents of a document.)

Scan the document to also understand which notarial act should be performed–you should be able to tell from the wording in the document’s notarial certificate. If the desired notarial act is unclear or not authorized in Florida, show the present signer notarial certificate samples of acts that a Florida notary may perform, and have them choose. If they cannot decide, the notarization must stop here. You can direct the named signer to consult with the person who issued the document, or whomever will receive the document, or an attorney.

4. Enter the Notarial Act in Your Record Book (Journal)

A record book is not required to be used by a Florida notary, but we always recommend this practice. With a record book, you are providing yourself with another layer of protection. Each record book entry you make is credible evidence of the notarizations that YOU performed, and can clear you from incorrect or false accusations of fraud or malpractice.

5. Perform the Notarial Act

Having performed all the preceding steps of notarization, now perform the verbal ceremony for the notarial act indicated in the document’s notarial certificate. For an acknowledgment, the present signer will acknowledge signing the document willingly, for its stated purposes. For an oath/affirmation, the present signer will swear or affirm that the contents of the document are true.

6. Complete the Notarial Certificate

Write in all the information pertaining to the notarization, including the exact date of the notarization, where it occurred (“State of Florida, County of ________”), the specific notarial act that was performed, the specific individual(s) whose signature(s) was notarized, and finally your official name as commissioned, official signature and commission expiration date.  Florida notaries must print, type or stamp their name exactly as commissioned below their signature on each notarial certificate. This can be satisfied by affixing your official notary ink-stamp seal below your signature (and remember, your seal must be stamped in black, photographically reproducible ink).

You must address any information that is incorrect or missing from the notarial certificate. For example, sometimes the venue will be prefilled with the location where the document was created, but remember the venue is always the location where the notarial act was actually performed.

Once you fully complete the notarial certificate, sign it with your official notary commission signature and affix your official seal, being careful not to cover up any text or information.