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A) Taking Acknowledgements, B) Administering Oaths, C) Attesting Photocopies, D) Solemnizing Marriage, E) Verifying a VIN (Vehicle Identification Number), F) Certifying the Contents of a Safe-Deposit Box, G) Prohibited Acts |
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FLORIDA NOTARIES PUBLIC - INTERACTIVE EDUCATIONAL COURSE |
Definitions Used In This Section:
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ACKNOWLEDGMENT:
ATTEST:
CERTIFYING:
JURAT:
OATH:
VERIFYING:
A) Taking Acknowledgments A notary public is authorized to solemnize the rites of matrimony and to take acknowledgments of deeds and other instruments of writing for record, as fully as other officers of this state. For solemnizing the rites of matrimony, the fee of a notary public may not exceed those provided by law to the clerks of the circuit court for like services. Florida Statutes 695.25 Short form of acknowledgment.--The forms of acknowledgment set forth in this section may be used, and are sufficient for their respective purposes, under any law of this state. The forms shall be known as "Statutory Short Forms of Acknowledgment" and may be referred to by that name. The authorization of the forms in this section does not preclude the use of other forms.
STATE OF _____ COUNTY OF _____ The foregoing instrument was acknowledged before me this (date) by (name of person acknowledging) , who is personally known to me or who has produced (type of identification) as identification. (Signature of person taking acknowledgment) (Name typed, printed or stamped) (Title or rank) (Serial number, if any)
STATE OF _____ COUNTY OF _____ The foregoing instrument was acknowledged before me this (date) by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging) , a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced (type of identification) as identification. (Signature of person taking acknowledgment) (Name typed, printed or stamped) (Title or rank) (Serial number, if any)
STATE OF _____ COUNTY OF _____ The foregoing instrument was acknowledged before me this (date) by (name of acknowledging partner or agent) , partner (or agent) on behalf of (name of partnership) , a partnership. He/she is personally known to me or has produced (type of identification) as identification. (Signature of person taking acknowledgment) (Name typed, printed or stamped) (Title or rank) (Serial number, if any)
STATE OF _____ COUNTY OF _____ The foregoing instrument was acknowledged before me this (date) by (name of attorney in fact) as attorney in fact, who is personally known to me or who has produced (type of identification) as identification on behalf of (name of principal). (Signature of person taking acknowledgment) (Name typed, printed or stamped) (Title or rank) (Serial number, if any)
STATE OF _____ COUNTY OF _____ The foregoing instrument was acknowledged before me this (date) by (name and title of position) , who is personally known to me or who has produced (type of identification) as identification. (Signature of person taking acknowledgment) (Name typed, printed or stamped) (Title or rank) (Serial number, if any) 5 Fla. Stat. 695, pg. 545 (1999)
STATE OF FLORIDA COUNTY OF __________The foregoing instrument was acknowledged before me this _____ day of __________, 19 __________, by (name of person) as (type of authority, . . . e.g. officer, trustee, attorney in fact) for (name of party on behalf of whom instrument was executed). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known __________ OR Produced Identification __________ Type of Identification Produced History.--s. 1, ch. 73-62; s. 10, ch. 91-291; s. 7, ch. 93-62; s. 772, ch. 97-102. B) Administering Oaths A notary public may administer an oath and make a certificate thereof when it is necessary for the execution of any writing or document to be attested, protested, or published under the seal of a notary public. The notary public may not take an acknowledgment of execution in lieu of an oath if an oath is required. History.—s. 1, Sept. 13, 1822; RS 219; GS 304; RGS 415; CGL 481; s. 20, ch. 73-334; s. 1, ch. 80-173; s. 2, ch. 91-291; s. 2, ch. 92-209; s. 2, ch. 93-62. 92.51 Oaths, affidavits, and acknowledgments; taken or administered by commissioned officer of United States Armed Forces.
1 Fla. Stat. 92, pg. 680 (1999) History.--ss. 1, 2, 3, ch. 61-196; s. 3, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 518, ch. 95-147. C) Attesting to Photocopies A notary public may supervise the making of a photocopy of an original document and attest to the trueness of the copy. A notary public may not supervise the making of a photocopy and may not attest to the trueness of a photocopy of a public record if a copy can be made by another public official. A notary public must use a certificate in substantially the following form in notarizing an attested copy: STATE OF FLORIDA COUNTY OF __________ On this _____ day of __________, 19_____, I attest that the preceding or attached document is a true, exact, complete, and unaltered photocopy made by me of (description of document) presented to me by the document's custodian, ____________________, and, to the best of my knowledge, that the photocopied document is neither a public record nor a publicly recordable document, certified copies of which are available from an official source other than a notary public. (Official Notary Signature and Notary Seal) (Name of Notary Typed, Printed or Stamped) D) Solemnizing Marriage Florida is one of only three states which authorize notaries public to perform marriage ceremonies. A notary public may charge up to $20.00 for solemnizing the rites of matrimony. §§117.04 1 Fla. Stat. 117 (1999) & 28.24(29) 1 Fla. Stat. 28, pgs. 367-368 (1999). A notary public may perform a wedding ceremony for a person who is related to him or her by blood or marriage. The prohibition against notarizing the signature of a spouse, son, daughter, mother, or father does not apply because the notary is not notarizing the signature of the bride and groom, but is only certifying that the couple have been joined in marriage by the notary according to the laws of the State of Florida . Op. Att’y Gen. Fla. 91-70 (1991). PROCEDURE:
SAMPLE CEREMONY Notary states "Dearly beloved, we are gathered here today (tonight) to join this man and this woman in (holy) matrimony. EXCHANGE OF VOWS Notary asks the man, "(his name)", do you take this woman to be your wife, to live together in (holy) matrimony, to love, honor, comfort her and keep her in sickness and health, and forsaking all others, for as long as you both shall live?" (Man answers "I do"). Notary asks the woman "(her name)", do you take this man to be your husband, to live together in (holy) matrimony, to love, honor, comfort him and keep him in sickness and in health, and forsaking all others, so long as you both shall live?" (Woman answers "I do").
To the Man: "I, (his name), take you (her name), to be my wife, to have and to hold from this day forward, for better for worse, for richer for poorer, in sickness and in health, to love and to cherish, till death do us part." To the Woman: "I, (her name), take you (his name), to be my husband, to have and to hold from this day forward, for better for worse, for richer for poorer, in sickness and in health, to love and to cherish, till death do us part." EXCHANGE OF RINGS Notary asks the man to place the ring on the woman’s finger and to repeat the following, "I give you this ring as a token and pledge of our constant faith and abiding love."
PRONOUNCEMENT Notary asks the couple to join hands, then declares, "By virtue of the authority vested in me under the laws of the State of Florida, I now pronounce you husband and wife. The bride and groom may now exchange a kiss." E) Verifying a VIN (Vehicle Identification Number) If a certificate of title has not previously been issued for a motor vehicle or mobile home in this state, the application, unless otherwise provided for in this chapter, shall be accompanied by a proper bill of sale or sworn statement of ownership, or a duly certified copy thereof, or by a certificate of title, bill of sale, or other evidence of ownership required by the law of the state or county from which the motor vehicle or mobile home was brought into this state. The application shall also be accompanied by: A sworn affidavit from the seller and purchaser verifying that the vehicle identification number shown on the affidavit is identical to the vehicle identification number shown on the motor vehicle; or an appropriate departmental form (Department of Motor Vehicles Form HSMV 82040 "Application for Certificate of Title With/Without Registration" - these forms can be obtained from the Tax Collector office of each County) evidencing that a physical examination has been made of the motor vehicle by the owner and by a duly constituted law enforcement officer in any state, a licensed motor vehicle dealer, a license inspector as provided by s. 320.58, or a notary public commissioned by this state and that the vehicle identification number shown on such form is identical to the vehicle identification number shown on the motor vehicle and that the odometer reading on the vehicle is correct. F) Certifying the Contents of a Safe-Deposit Box
If the rental due on a safe-deposit box has not been paid for 3 months, the lessor may send a notice by registered mail to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the box may be opened in the presence of an officer of the lessor and of a notary public who is not a director, officer, employee, or stockholder of the lessor. The contents shall be sealed in a package by a notary public who shall write on the outside the name of the lessee and the date of the opening. The notary public shall execute a certificate reciting the name of the lessee, the date of the opening of the box, and a list of its contents. The certificate shall be included in the package, and a copy of the certificate shall be sent by registered mail to the last known address of the lessee. The package shall then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the box. The lessor has a lien on the package and its contents to the extent of any rental due and owing plus the actual, reasonable costs of removing the contents from the safe-deposit box. 5 Fla. Stat. 655, pgs. 233-234 (1999) G) Prohibited Acts - i) Any person who acts as or otherwise willfully impersonates a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. ii) Any notary public who knowingly acts as a notary public after his or her commission has expired is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. iii) Any person who unlawfully possesses a notary public official seal or any papers or copies relating to notarial acts is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. iv) No person shall obtain or use a notary public commission in other than his or her legal name, and it is unlawful for a notary public to notarize his or her own signature. Any person applying for a notary public commission must submit proof of identity to the Department of State if so requested. Any person who violates the provisions of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 5 Fla. Stat. 839.18, pg. 1219 (1999) 1) A notary public may not use a name or initial in signing certificates other than that by which the notary public is commissioned. A notary public may not notarize his/her own signature. 2) A notary public may not sign notarial certificates using a facsimile signature stamp unless the notary public has a physical disability that limits or prohibits his or her ability to make a written signature and unless the notary public has first submitted written notice to the Department of State with an exemplar of the facsimile signature stamp. 3) A notary public may not affix his or her signature to a blank form of affidavit or certificate of acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or acknowledgment. 4) A notary public may not take the acknowledgment of or administer an oath to a person whom the notary public actually knows to have been adjudicated mentally incapacitated by a court of competent jurisdiction, where the acknowledgment or oath necessitates the exercise of a right that has been removed pursuant to s. 744.3215(2) or (3), and where the person has not been restored to capacity as a matter of record. 5) A notary public may not notarize a signature on a document if it appears that the person is mentally incapable of understanding the nature and effect of the document at the time of notarization. 6) A notary public may not take the acknowledgment of a person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand. 7) A notary public may not change anything in a written instrument after it has been signed by anyone. 8) A notary public may not amend a notarial certificate after the notarization is complete. 9) A notary public may not notarize a signature on a document if the person whose signature is being notarized is not in the presence of the notary public at the time the signature is notarized. Any notary public who violates this subsection is guilty of a civil infraction, punishable by penalty not exceeding $5,000, and such violation constitutes malfeasance and misfeasance in the conduct of official duties. It is no defense to the civil infraction specified in this sub- section that the notary public acted without intent to defraud. A notary public who violates this subsection with the intent to defraud is guilty of violating s. 117.105. 10) A notary public may not notarize a signature on a document if the document is incomplete or blank. However, an endorsement or assignment in blank of a negotiable or nonnegotiable note and the assignment in blank of any instrument given as security for such note is not deemed incomplete. 11) A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public. 12) A notary public may not notarize a signature on a document if the notary public has a financial interest in or is a party to the underlying transaction; however, a notary public who is an employee may notarize a signature for his or her employer, and this employ- ment does not constitute a financial interest in the transaction nor make the notary a party to the transaction under this subsection as long as he or she does not receive a benefit other than his or her salary and the fee for services as a notary public authorized by law. For purposes of this section, a notary public who is an attorney does not have a financial interest in and is not a party to the underlying transaction evidenced by a notarized document if he or she notarizes a signature on that document for a client for whom he or she serves as an attorney of record and he or she has no interest in the document other than the fee paid to him or her for legal services and the fee authorized by law for services as a notary public. 1 Fla. Stat. 117.107, pg. 949 (1999) History.--s. 7, ch. 91-291; s. 4, ch. 92-209; s. 749, ch. 95-147; s. 19, ch. 95-280; s. 8, ch. 98-246. OTHER PROHIBITED ACTS
DON'T NOTARIZE PHOTOGRAPHS Occasionally, you may be asked to "notarize" a photograph. Please be aware that certifying or notarizing photographs is not an authorized notarial act under Florida law. You may, however, notarize a person's signature on a written statement concerning the photograph. CORRECTIONS When necessary to correct information already printed in the notarial certificate, i.e., the date, the name of the person whose signature is being notarized, do not use correction fluid. Simply mark through the incorrect information and make the change before you complete the notarization. You should probably initial that change, also. Once you "complete" the notarization and return it to the document signer, you may not amend your certificate. For instance, if you forgot to state the type of identification or affix your seal and the document is returned to you on a later date by the receiving party, you may not correct your error. The document will require re-notarization, including the presence of the document signer.
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