A) Notary and Employer Liability

     The notary public official seal and the certificate of notary public commission are the exclusive property of the notary public and must       be kept under the direct and exclusive control of the notary public.         The seal and certificate of commission must not be surrendered to an employer upon termination of employment, regardless of whether           the employer paid for the seal or for the commission.

     The employer of a notary public shall be liable to the persons involved for all damages proximately caused by the notary's official misconduct, if the notary public was acting within the scope of his or her employment at the time the notary engaged in the official misconduct.

     A government agency may or may not be held liable for the misconduct of their employee-notaries depending on the circum-            stances and the laws governing such issues.

B) Use of a Journal

     Florida law does not require its notaries to keep a record of their notarizations but it is strongly recommended for the following reasons: 

i) Your record book can serve as a reminder of the steps you should take in performing a notarization, such as requiring acceptable identification for the person requesting the notarization.

ii) A record of all your notarizations could protect you against a claim of negligence or impropriety. A record of the type of documents notarized, the forms of identification you were shown, and other key information about your notarizations can help prove that you acted properly.

iii) A record can help prove that you notarized a document where the notarial certificate has been torn off or destroyed in some way.

iv) A record of a particular notarization can help prove that a signature on a document is yours. You may be unsure about whether a signature is your own. An entry in your record book showing that you notarized the same type of document on the date shown will tend to prove that the signature is yours.

     With the above in mind, you should record the following                     information in your record book:

1. Printed name, address and phone numbers of the person requesting the notarization.
2. Signature of the person who requested the notarization
3. Notarial service performed (affidavit, acknowledgment,              attested copy, etc.).
4. Fees collected.
5. Type of document notarized (deed, contract, application for loan, title, etc.)
6. Date and time of the notarization
7. Type of identification used - personally known to you, or the description of the evidence on which you based the identification.
8. Number of copies notarized
9. Names, addresses and signatures of witnesses, if any were involved.

C) Governor’s Office Complaint Process

     Because notaries are appointed by the Governor, it is the responsibility of the Governor's Office to investigate allegations of misconduct by notaries. The Notary Section investigates hundreds of complaints each year and takes disciplinary action against those notaries found to have been negligent in their duties. Most complaints involve business deals gone awry, persons involved in legal disputes, or friends who asked the notary for a special favor.

     The majority of the complaints, about 75 percent, are violations          of the presence requirement, and most of those also involve allegations of forgery or fraud. Although the notaries are not usually involved in       the forgery or fraud, they facilitate the commission of these crimes by not requiring the document signer to be present. Other common complaints are related to incomplete notarial certificates.

     Once a complaint is received, a copy is forwarded to the notary requesting a sworn written response to the allegations. The notary's response is then sent to the complainant, giving him or her an opportunity to reply. The Notary Section may find it necessary to request additional information from either party or from other sources. Once all information is gathered, the complaint file is reviewed in its entirety by the Governor's legal staff.

     If the allegations against the notary are unfounded, the complaint      is dismissed. If the allegations prove to be true, the Governor's Notary Section recommends disciplinary action. The most common actions include a letter of advice in which the notary is advised of his or her improper action and the method for correcting the error; a written reprimand in which the notary is informed of the findings and issued      a warning that any further violation or negligence of duties will result     in stronger disciplinary action; and a request for the notary's                   resignation. When the notary resigns, the complaint is closed without any further action. However, in most cases, the notary will not be            appointed again.    If the complaint allegation involves a criminal             violation, the complaint is referred to the appropriate State Attorney's Office for investigation.

     A rarer, but stronger, form of disciplinary action is suspension from office by the Governor. Suspensions are typically done when a notary      is convicted of a felony while commissioned, when the notary refuses      to resign when requested by the Governor's Office, or when the notary cannot be contacted for a response. The process to accomplish a suspension requires the Governor to issue an executive order, filed         with the Secretary of State, and the notary to appear before The              Florida Senate for a hearing or trial. The Senate makes the final determination as to whether the notary should be permanently               removed from office.

     If you ever have a complaint filed against you, it is best for you to provide a timely and honest response to any request from the                  Governor's Office. Of course, the best way to avoid a complaint is to know and comply with the notary laws.