Notary Laws2018-11-21T06:42:40+00:00

Notary Laws

Laws Related to Florida Notaries Public (Selected Laws)

Florida Statutes Chapter 117
Chapter 117, Florida Statutes, covers appointment, application, suspension, revocation, application fee, bond, and oath; administration of oaths; marriages; acknowledgments; use of notary commission; unlawful use; notary fee; seal; duties; employer liability; name change; advertising; photocopies; penalties; validity of acts prior to April 1, 1903; law enforcement officers and correctional officers; certification of notary’s authority by Secretary of State; false or fraudulent acknowledgments; penalty; prohibited acts; and validity of acts, seals, and certificates prior to January 1, 1995.

  • 117.01 Appointment, application, suspension, revocation, application fee, bond, and oath.
  • 117.03 Administration of oaths.
  • 117.04 Acknowledgments.
  • 117.045 Marriages.
  • 117.05 Use of notary commission; unlawful use; notary fee; seal; duties; employer liability; name change; advertising; photocopies; penalties.
  • 117.06 Validity of acts prior to April 1, 1903.
  • 117.10 Law enforcement and correctional officers.
  • 117.103 Certification of notary’s authority by Secretary of State.
  • 117.105 False or fraudulent acknowledgments; penalty.
  • 117.107 Prohibited acts.
  • 117.108 Validity of acts, seals, and certificates prior to January 1, 1995.

Electronic Notarization & Related Information (Chapter 668, Florida Statutes)
668.50 Uniform Electronic Transaction Act.–

  • (1) SHORT TITLE.–This section may be cited as the “Uniform Electronic Transaction Act.”
  • (2) DEFINITIONS.
  • (3) SCOPE.
  • (4) PROSPECTIVE APPLICATION.
  • (5) USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES; VARIATION BY AGREEMENT.
  • (6) CONSTRUCTION AND APPLICATION.
  • (7) LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS.
  • (8) PROVISION OF INFORMATION IN WRITING; PRESENTATION OF RECORDS.
  • (9) ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE.
  • (10) EFFECT OF CHANGE OR ERROR.
  • (11) NOTARIZATION AND ACKNOWLEDGMENT.
  • (12) RETENTION OF ELECTRONIC RECORDS; ORIGINALS.
  • (13) ADMISSIBILITY IN EVIDENCE.
  • (14) AUTOMATED TRANSACTIONS.
  • (15) TIME AND PLACE OF SENDING AND RECEIVING.
  • (16) TRANSFERABLE RECORDS.
  • (17) CREATION AND RETENTION OF ELECTRONIC RECORDS AND CONVERSION OF WRITTEN RECORDS BY GOVERNMENTAL AGENCIES.
  • (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES.
  • (19) INTEROPERABILITY.
  • (20) SEVERABILITY.

THE CONSTITUTION OF THE STATE OF FLORIDA
NOTARIES ARE PUBLIC (STATE) OFFICERS
ARTICLE II
SECTION 5. Public officers.–
GOVERNOR’S AUTHORITY TO SUSPEND NOTARIES
ARTICLE IV
SECTION 7. Suspensions; filling office during suspensions.–
DISQUALIFICATION DUE TO FELONY CONVICTION
ARTICLE VI
SECTION 4. Disqualifications.–
ARTICLE X
SECTION 10. Felony; definition.–

Additional Florida Statutory References to Notaries Public
CHAPTER 695, Florida Statutes
RECORD OF CONVEYANCES OF REAL ESTATE
695.26 (Florida Statutes) Requirements for recording instruments affecting real property.–
WITNESSES, RECORDS, AND DOCUMENTS
92.50 (Florida Statutes) Oaths, affidavits, and acknowledgments; who may take or administer; requirements.–

NOTARIES AUTHORIZED TO PERFORM MARRIAGE CEREMONIES
DOMESTIC RELATIONS – MARRIAGE
741.07 (Florida Statutes) Persons authorized to solemnize matrimony.–
741.08 Marriage not to be solemnized without a license.–

NOTARIES AUTHORIZED TO VERIFY A VEHICLE IDENTIFICATION NUMBER (VIN)
MOTOR VEHICLES – TITLE CERTIFICATES
319.23 Application for, and issuance of, certificate of title.–

NOTARIES AUTHORIZED TO CERTIFY THE CONTENTS OF A SAFE-DEPOSIT BOX
BANKS AND BANKING
655.94 Special remedies for nonpayment of rent.–

NOTARIZING A WILL WITH A SELF-PROOF AFFIDAVIT
ESTATES AND TRUSTS
732.503 Self-proof of will.–

CRIMES; PENALTIES AND FINES FOR VIOLATION OF NOTARY LAWS
OFFENSES BY PUBLIC OFFICERS AND EMPLOYEES
839.13 (Florida Statutes) Falsifying records.–
FORGERY AND COUNTERFEITING
831.01 (Florida Statutes) Forgery.–
831.02 (Florida Statutes) Uttering forged instruments.–
PENALTIES AND FINES FOR VIOLATION OF NOTARY LAWS
775.082 (Florida Statutes) Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.
-Excerpts from Statute:
·       (3) A person who has been convicted of any other designated felony may be punished as follows:
o  (d) For a felony of the third degree, by a term of imprisonment not exceeding 5 years.
·       (4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:
o  (a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;
o  (b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.
775.083 (Florida Statutes) Fines.-

INTERNATIONAL NOTARIES
CHAPTER 118, Florida Statutes
Chapter 118 covers Florida international notaries.
118.10 (Florida Statutes) Civil-law notary.–
118.12 Certification of civil-law notary’s authority; apostilles.–
AUTHORITY OF SECRETARY OF STATE TO ISSUE APOSTILLES
15.16 (Florida Statutes) Reproduction of records; admissibility in evidence; electronic receipt and transmission of records; certification; acknowledgment.–
Procedure for Document Authentication
http://notaries.dos.state.fl.us/notproc7.html

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