Are There Guidelines for Notary Publics in Florida?

Florida law governs licensing requirements and sets certain restrictions and maximum fees for notary publics.

Laws affecting notary publics in Florida are enumerated beginning in Section 117.01 of the Florida Statutes Annotated, or FSA. These laws detail what a notary must do to obtain a license, maximum fees a notary public may charge, formats for acknowledgements and administering oaths, and other legal considerations.

License & Bond Requirements

The Florida Secretary of State's Office regulates the issuance of notary licenses and handles general administration and enforcement of notary laws. Notary public applicants must be at least 18 years old and a Florida resident. All notary applicants must be able to read, write, speak and understand English. FSA Section 117.01(2) sets notary license fees, and all notaries also must obtain and maintain a surety bond.

Performance of Duties

A notary public in Florida must maintain a journal containing a chronological signature and document log. A notary cannot notarize a document or administer an oath unless the person signing the document in question has provided "satisfactory evidence" of identification, such as a valid passport or driver's license. Notaries also must follow general guidelines for formatting documents such as acknowledgements.

Fee Limits

FSA Section 117.05(2)(a) sets the maximum fee that a notary can charge at $10.00 per document. A notary is prohibited, under FSA Section 117.05(2)(b), from charging a fee to notarize an absentee ballot in an election, because such a fee could be construed as an unconstitutional and unlawful poll tax.

References

• State of Florida: 2010 Florida Statutes -- Notaries Public