Notary Sources & Regulations

Florida / Federal / Uniform Notary Regulation Sources:

2016 Florida Statutes, Title X, Chapter 117 – Notaries Public

Electronic Notarization, Florida Administrative Code

Florida Civil-law Notary, Florida Administrative Code

Electronic Authentification Guideline by the National Institute of Standards and Technology,  U.S. Department of Commerce

Uniform Electronic Transactions Act (1999), Uniform Law Commission

Florida Governor’s Reference Manual for Notaries

Article, Lori S. Holcomb, Assistant Unlicensed Practice of Law Counsel, The Florida Bar, appeared in The Notary View, 1996, Issue 1

 

Elements of a Florida Notarizations:

Florida Statutes, Title X – Notaries

117.03 Administration of 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 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.

 

117.04 Acknowledgments.

A notary public is authorized to take the acknowledgments of deeds and other instruments of writing for record, as fully as other officers of this state.

 

117.05 (4) When notarizing a signature, a notary public shall complete a jurat or notarial certificate in substantially the same form as those found in subsection (13). The jurat or certificate of acknowledgment shall contain the following elements:

  • (a) The venue stating the location of the notarization in the format, “State of Florida, County of .”
  • (b) The type of notarial act performed, an oath or an acknowledgment, evidenced by the words “sworn” or
    “acknowledged.”
  • (c) That the signer personally appeared before the notary public at the time of the notarization.
  • (d) The exact date of the notarial act.
  • (e) The name of the person whose signature is being notarized. It is presumed, absent such specific notation by the notary public, that notarization is to all signatures.
  • (f) 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 subsection (5).
  • (g) The notary’s official signature.
  • (h) The notary’s name, typed, printed, or stamped below the signature.
  • (i) The notary’s official seal affixed below or to either side of the notary’s signature.

 

117.05 (13) The following notarial certificates are sufficient for the purposes indicated, if completed with the information required by this chapter. The specification of forms under this subsection does not preclude the use of other forms.

(a) For an oath or affirmation:

STATE OF FLORIDA
COUNTY OF
Sworn to (or affirmed) and subscribed before me this day of , (year), by (name of person making statement).
(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

(b) For an acknowledgment in an individual capacity:

STATE OF FLORIDA
COUNTY OF

The foregoing instrument was acknowledged before me this day of , (year) , by (name of person acknowledging) .
(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
(c) For an acknowledgment in a representative capacity:

STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , (year) , 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

 

ELECTRONIC SIGNATURES:

117.021 Electronic notarization.

(1) Any document requiring notarization may be notarized electronically. The provisions of ss. 117.01, 117.03, 117.04, 117.05(1)-(11), (13), and (14), 117.105, and 117.107 apply to all notarizations under this section.

(2) In performing an electronic notarial act, a notary public shall use an electronic signature that is:

(a) Unique to the notary public;
(b) Capable of independent verification;
(c) Retained under the notary public’s sole control; and
(d) Attached to or logically associated with the electronic document in a manner that any subsequent alteration to the electronic document displays evidence of the alteration.

(3) When a signature is required to be accompanied by a notary public seal, the requirement is satisfied when the electronic signature of the notary public contains all of the following seal information:

(a) The full name of the notary public exactly as provided on the notary public’s application for commission;
(b) The words “Notary Public State of Florida”;
(c) The date of expiration of the commission of the notary public; and
(d) The notary public’s commission number.
(4) Failure of a notary public to comply with any of the requirements of this section may constitute grounds for suspension of the notary public’s commission by the Executive Office of the Governor.
(5) The Department of State may adopt rules to ensure the security, reliability, and uniformity of signatures and seals authorized in this section.

 

* Disclaimer:  Although a commissioned Notary Public and a Paralegal, I am not an attorney licensed to practice law in the state of Florida, and I  cannot give legal advice, accept fees for legal advice or advise whether a person should or should not sign a document.  Further, I am not authorized by law to prepare legal documents except under the supervision or direction of an attorney licensed to practice law.   No content of any page on this website is to be taken or construed as legal advice

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