B) How to Notarize

    You are authorized, according to Florida Statutes, to perform the following acts:

    2.  Check the identity of the person requesting the notarization, document, on the notarial certificate, the identification used, ascertain that the person is mentally able to understand the document and the notarization.

    3.  Check that the document to be notarized is complete and falls within your  authority to notarize. It is not your responsibility to understand the contents of the document..

    4.  Record the notarization in your record book.

C) Notarial Certificates

    When notarizing a signature, a notary public shall sign and date a notarial certificate or jurat and shall specify which signature is being notarized and that the signer personally appeared before the notary public at the time of notarization. It is presumed, absent such specific notation by the notary public, that notarization is to all signatures. The jurat or certificate of acknowledgment shall contain the following elements:

i)     The venue stating the location of the notarization in the format "State of Florida, County of ______________".

ii)    The type of notarial act performed, an oath or an acknowledgment, evidenced by the words, "sworn" or "acknowledged".

iii)   That the signer personally appeared before the notary public at the time of the notarization.

iv)    The exact date of the notarial act.

v)     The specific type of identification the notary public is relying upon in identifying the signer, either based on personal knowledge or satisfactory evidence specified in s.117.05(5).

vi)    The notary's official signature.

vii)   The notary's name, typed, printed, or stamped below the signature.

viii)  The notary's official seal affixed below or to either side of the notary's signature.

a. That the person whose signature is to be notarized is the person named in the document;

b. That the person whose signature is to be notarized is personally known to the witnesses;

c. That it is the reasonable belief of the witnesses that the circumstances of the person whose signature is to be notarized are such that it would be very difficult or impossible for that person to obtain another acceptable form of identification;

d. That it is the reasonable belief of the witnesses that the person whose signature is to be notarized does not possess any of the identification documents specified in subparagraph 2.; and

e. That the witnesses do not have a financial interest in nor are parties to the underlying transaction; or

    2. Reasonable reliance on the presentation to the notary public of any one of the following forms of identification, if the document is current or has been issued within the past 5 years and bears a serial or other identifying number:

a.  A Florida identification card or driver's license issued by the public agency authorized to issue driver's licenses;

b.  A passport issued by the Department of State of the United States;

c.  A passport issued by a foreign government if the document is stamped by the United States Immigration and Naturalization Service;

d.  A driver's license or an identification card issued by a public agency authorized to issue driver's licenses in a state other than Florida, a territory of the United States, or Canada or Mexico;

e.  An identification card issued by any branch of the armed forces of the United States;

f.  An inmate identification card issued on or after January 1, 1991, by the Florida Department of Corrections for an inmate who is in the custody of the department;

g.  An inmate identification card issued by the United States Department of Justice, Bureau of Prisons, for an inmate who is in the custody of the department;

h.  A sworn, written statement from a sworn law enforcement officer that the forms of identification for an inmate in an institution of confinement were confiscated upon confinement and that the person named in the document is the person whose signature is to be notarized; or

i.  An identification card issued by the United States Immigration and Naturalization Service.

1 Fla. Stat. 117.05(5)(1)&(2), pg. 946 (1999)

"Green Cards" Updated

Resident alien cards, commonly called "green cards," have recently been updated by the U.S. Department of Justice, Immigration and Naturalization Service. Former cards identified as Form I-151 issued prior to 1978 have been replaced with cards designed to be more resistant to fraud and counterfeiting.

The new cards are designated as Form I-551 and are made of hard plastic, similar to credit cards, rather than laminated paper cards. Each card has a pink background, the words "Resident Alien" in dark blue, and a blue INS seal in the center of the card. The card also contains a photo (showing the right ear), signature and fingerprint of the resident alien. Other valid cards issued after 1978 have white backgrounds, but all valid cards will have the photo, signature and fingerprint of the bearer.

Notaries may accept the new cards as identification if the card is current (unexpired) or was issued within the past five years. The old card Form I-151 is no longer valid and should not be accepted for notary services.

i)    Foreign Language Customers - If the document is in a language that the person who is to acknowledge it does not speak or understand, you must not take the acknowledgment or affidavit unless the nature and effect of the instrument is translated into a language that the person understands. If the document is in a language that you don't understand, you may add the appropriate certificate in English. The Constitution of the State of Florida provides that English is the official language of the state. However, you must be able to communicate with the document signer in order to perform the appropriate notarial act and you must ensure that the document is complete. If the document does not have a notarial certificate, you must ask the signer which notarial act is required, i.e. an oath or an acknowledgment. If a translator must be used, it is recommended to attach an affidavit of the translator with the translator's signature affirming that he or she knows both English and the language of the customer and that the translator affirms that the attached document (or include a brief description of the document) is an accurate and complete translation.

ii)   Sight Impaired Customers - You must, according to Florida State Law, read the document to this type customer before notarizing it.

iii)  Hearing Impaired Customers - As long as a meaningful form of communication can be established, e.g. writing notes back and forth or lip reading, the notary may proceed with the notarization as usual.

iv)   Customer Who Signs by Using A Mark - You may notarize a document for this particular type person as long as you follows the following rules set forth by Florida Law:

1.  The document signing is witnessed by two disinterested persons.

2.  The notary prints the person's first name at the beginning of the designed signature line and the person's last name t the end of the designated signature line.

3.  The notary prints the words "his or her mark" below the person's signature mark.

v)    Customer Who Directs the Notary to Sign - Due to the customer having a physical challenge, he or she may direct the notary to sign on his or her behalf. You may perform a notary act for this Customer but you must indicate the unusual circumstances in the notarial certificate and in your record book. Florida law provides specific guidelines for this type of notarization:

1. The person with the physical challenge directs the notary to sign in his/her presence.

2.  The document signing is witnessed by two disinterested persons.

3.  The notary writes below the signature the following statement: "Signature affixed by notary, pursuant to s.117.05(14), Florida Statutes," and states the circumstances of the signing in the notarial certificate.

vi)   For a Customer Who is Illiterate - Although not required by law, you should read the document to the document signer before the notarization.

You may wish to add a statement in your notarial certificate: "I further certify that I read the document to (name of signer) prior to notarization."

Unless you are an attorney, you cannot advise the person about the contents of the document, however, you may re-read any portion of the document to the person.

vii)   Customer Who is a Minor - there is no prohibition of notarizing a document for a minor.

viii)  The Physically Challenged Notary - As of January 1, 1999, a notary public who cannot physically sign a document due to a physical challenge that limits or prohibits his or her ability to make a written signature may use a facsimile signature stamp.

An example of the signature stamp must be given to the Department of State along with a written notice that the notary will use a signature stamp.

    A notary public is not required to record his or her notary public commission in an office of a clerk of the  circuit court. If certification of the notary public's commission is required, it must be obtained from the Secretary of State. Upon the receipt of a written request and a fee of $10 payable to the Secretary of State, the Secretary of State shall issue a certificate of notarial authority, in a form prescribed by the Secretary of State, which shall include a statement explaining the legal qualifications and authority of a notary public in this state.

History.--s. 5, ch. 91-291; s. 7, ch. 98-246; s. 73, ch. 99-251.