What You Need to Know About Florida Notary Requirements
Florida notary requirements depend on why you’re dealing with a notary. If you’re applying to become a Florida notary public, the law establishes eligibility, education, bonding, and appointment requirements. If you’re having a document notarized, the law focuses on proper identity verification, statutory certificate wording, and compliance with Florida’s notarization procedures.
Whether you’re preparing a self-proving affidavit, signing a deed, executing a power of attorney, or applying for your own notary commission, understanding these rules helps prevent rejected documents, delayed transactions, and unnecessary legal complications. Florida’s notary laws are primarily found in Chapter 117 of the Florida Statutes, which governs both traditional notarizations and Remote Online Notarizations (RON).
Candice Hayden, Legal Writer
Maria Rosso, Florida Probate, Guardianship and Estate Planning Attorney
Florida Notary Requirements: The simple Answer
If you want to become a Florida notary, you must satisfy the state’s eligibility requirements, complete the required education (if you’re a first-time applicant), obtain the required surety bond, submit an application through an approved processing agency, and receive a four-year commission.
If you simply need a valid Florida notarization, the notary must properly identify the signer, complete the required acknowledgment or jurat certificate, indicate whether the signer appeared in person or through an approved online notarization platform, and comply with Florida’s statutory requirements.
This article is designed for:
- Individuals applying to become a Florida notary public.
- Current Florida notaries performing a compliance review.
- Signers, attorneys, lenders, and document preparers who want to ensure a notarization satisfies Florida law.
What Is a Florida Notary Public?
A Florida notary public is much more than an official witness to a signature. A notary is a state-appointed public officer authorized to verify a person’s identity, confirm that the signer is acting voluntarily, administer oaths when required, and complete legally compliant notarial certificates.
One of the biggest misconceptions is that a notary verifies whether everything written inside a document is true. In most cases, they do not. Their responsibility is to verify who signed the document and under what circumstances, not whether the statements themselves are accurate. The exception is when administering an oath or affirmation, where the signer formally swears or affirms the truthfulness of the statements being made.
Florida law recognizes two methods of performing notarizations:
- Traditional paper notarizations governed by Part I of Chapter 117
- Remote Online Notarizations (RON) governed by Part II of Chapter 117
A Remote Online Notary is not a separate profession. Instead, an existing Florida notary may obtain additional authorization by satisfying the extra statutory requirements for online notarization, including additional education, registration, bonding, insurance, and approved technology.
Florida notaries are appointed by the Governor and commissioned by the Secretary of State for a four-year term. During that commission, the notary serves the public—not the signer, employer, lender, or attorney requesting the notarization. This impartial role is one of the reasons Florida law places significant restrictions on conflicts of interest and improper notarizations.
Another misunderstanding involves legal advice. Holding a Florida notary commission does not authorize someone to practice law. Unless the notary is independently licensed as a Florida attorney, they cannot explain legal rights, recommend legal documents, or advise someone on how to complete them. Florida even requires specific advertising disclosures for non-attorney notaries to prevent the public from confusing notarial services with legal representation.
Key Florida Laws That Govern Notaries and Notarizations
Florida notaries operate under one primary legal framework—Chapter 117 of the Florida Statutes. These laws regulate who may become a notary, how notarizations must be performed, what fees may be charged, what information must appear on certificates, and what conduct is prohibited. Administrative oversight is provided through the Florida Department of State and the Governor’s office.
The Core Statutory Requirements
| Topic / Issue | Florida Legal Rule | Governing Statute |
|---|---|---|
| Eligibility & Commission Qualifications | Applicant must be at least 18, a Florida resident (or qualifying permanent resident alien with a recorded Declaration of Domicile), able to read, write and understand English, and have no disqualifying felony conviction without restored civil rights. Commission lasts 4 years. | Fla. Stat. § 117.01(1) |
| Mandatory Education | First-time applicants must complete a state-approved 3-hour notary education course before appointment. | Fla. Stat. § 117.01(3) |
| Surety Bond & Insurance | Traditional notaries must obtain a $7,500 surety bond. Remote Online Notaries must maintain a $25,000 surety bond and at least $25,000 in Errors & Omissions insurance. | Fla. Stat. § 117.01(7)(a); § 117.225 |
| Official Seal Requirements | Official rubber stamp must contain the required commission information and use photographically reproducible black ink. | Fla. Stat. § 117.05(3)(a) |
| Maximum Notarial Fees | Maximum fees are $10 for most notarial acts, $30 for solemnizing a marriage, and $25 for each Remote Online Notarization. | Fla. Stat. § 117.045; § 117.05(2); § 117.275 |
These statutory requirements are not administrative formalities—they directly affect whether a notary may legally perform notarial acts. For example, failing to complete the mandatory education course or maintain the required surety bond can prevent an applicant from receiving or renewing a commission. Likewise, Remote Online Notaries face additional compliance obligations because online notarizations involve identity-proofing technology, recorded audio-video sessions, and electronic credential analysis.
The official seal requirements also have practical consequences. County recorders, title companies, lenders, and other organizations frequently review the notarial certificate before accepting a document. If mandatory information is missing from the seal or certificate, the receiving party may require a corrected or new notarization before proceeding. While Chapter 117 specifies what the seal must contain, whether a particular document is accepted ultimately depends on the receiving agency’s review procedures.
Fee limits are another area where new notaries occasionally make mistakes. The statutory maximums regulate the notary’s conduct, not the document itself. In other words, you will not normally see the fee printed on an acknowledgment or jurat, but charging more than Florida law permits can expose the notary to disciplinary action even if the notarization itself was otherwise properly performed.
Mandatory Certificate Language: What Florida Law Actually Requires on the Page
Florida law doesn’t just require a notary’s signature and seal—it also requires specific information to appear within the notarial certificate itself. These aren’t optional formatting preferences. They help establish that the notarization complied with Chapter 117 and document how the notary verified the signer and conducted the notarization.
A missing or incomplete certificate is one of the most common reasons a document is rejected for correction before it can move forward in a real estate closing, probate matter, lender review, or other legal transaction.
Method of Appearance Must Be Disclosed
Effective Florida law requires every acknowledgment or jurat to indicate how the signer appeared before the notary. The certificate must clearly show whether the signer appeared:
- By physical presence, or
- By online notarization through an approved Remote Online Notarization (RON) platform.
The statutory certificate language is:
“Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this ____ day of [Month], [Year], by [Name of Person Making Statement].”
This language comes directly from Florida law and should appear exactly as required on the notarial certificate. It isn’t optional wording that a notary can rewrite or omit.
The Certificate Must Explain How Identity Was Verified
Florida also requires the notary to record how the signer’s identity was established.
The certificate must indicate whether the signer:
- was personally known to the notary, or
- presented an acceptable form of identification.
The statutory wording is:
“…by [Name of Person Acknowledging], who is personally known to me or who has produced [Type of Identification] as identification.”
This small sentence carries significant legal weight. It documents the basis upon which the notary verified identity. Simply writing “ID verified” or leaving the section blank does not satisfy the statutory certificate requirements. Fla. Stat. § 117.05(13)(b)
In practice, many lenders, title companies, and government agencies review this portion of the certificate before accepting a notarized document. If the identification language is incomplete, they may require the document to be notarized again rather than accepting a corrected certificate later.
When the Signer Has No Acceptable ID: Florida’s Credible Witness Rule
A surprising number of notarizations don’t fail because the signer forgot to sign. They fail because the signer has no acceptable identification available. Florida law provides a statutory solution that many people, including new notaries, overlook.
If the signer is not personally known to the notary and cannot produce satisfactory identification, Florida law provides a strict credible witness framework under Fla. Stat. § 117.05(5)(b):
-
One Credible Witness: Permitted only if the single credible witness is personally known to the notary and provides a sworn written statement verifying the signer’s identity.
-
Two Credible Witnesses: Required if the credible witnesses are not personally known to the notary. Both witnesses must present acceptable government-issued photo identification and sign sworn statements under oath.
Under either method, the credible witness must swear or affirm under penalty of perjury that: (1) the signer is the person named in the document; (2) the signer does not possess acceptable ID; (3) it would be difficult or impossible for the signer to obtain ID; and (4) the witness has no financial interest in the underlying document.
This procedure is especially useful in hospitals, nursing homes, and emergency situations where a competent signer may no longer have a driver’s license or passport available. It is not a shortcut to avoid checking identification. If the statutory conditions for using credible witnesses are not met, the notary should decline the notarization rather than improvise another method of verifying identity.
Non-Attorney Notaries Must Use a Specific Advertising Disclaimer
Florida also regulates how non-attorney notaries advertise their services.
If a Florida notary is not licensed to practice law in Florida and advertises notary services in any language, the following disclaimer must be displayed in English and every other language used in the advertisement:
“I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”
The purpose of this requirement is consumer protection. In some countries, the term “Notario” refers to a legal professional with authority similar to an attorney. Florida law prevents the public from being misled into believing a notary can provide legal services simply because they perform notarizations. Fla. Stat. § 117.05(10)
When Florida’s Notary Rules Actually Come Into Play
Many people assume every legal document requires notarization, but Florida law doesn’t work that way. A notarization is generally required only when a statute, government agency, court, lender, or receiving party specifically requires one.
Some of the most common situations include:
- Self-proving affidavits attached to Florida wills, where notarization works alongside witness requirements to strengthen the probate process.
- Real estate documents, including deeds and certain property-related instruments presented for recording.
- Remote signings, where a signer cannot appear in person but qualifies for a Remote Online Notarization performed through an approved RON platform.
Not every agreement needs a notary. Many everyday contracts—such as service agreements, consulting contracts, independent contractor agreements, or simple sales contracts—remain legally enforceable once properly signed by the parties, even without notarization. Having those documents notarized may add evidentiary value, but Florida law does not automatically require it.
This distinction matters because unnecessary notarizations cost time and money while creating additional procedural steps. Before scheduling a notarization, it’s worth confirming whether the document actually requires one or whether the receiving party simply prefers it.
For situations involving Remote Online Notarization, Florida law imposes additional safeguards beyond a traditional face-to-face notarization. The online session must be conducted through an approved platform that satisfies the state’s identity verification, credential analysis, and audio-video recording requirements before the notarization can be completed. These additional protections are designed to provide the same level of confidence as an in-person appearance while allowing signers to complete transactions from another city, state, or even another country when Florida law permits.
How to Become a Notary Public in Florida, Step by Step
Florida has a structured appointment process for notaries. Unlike some professional licenses, you don’t apply directly to the Governor’s office. Instead, applications are submitted through an approved notary processing or bonding agency, which forwards the required materials to the Florida Department of State for review before the Governor issues the commission.
Following each step carefully helps avoid delays, rejected applications, and unnecessary resubmissions.
Step 1: Confirm You Meet the Eligibility Requirements
Before investing time in the application process, make sure you satisfy Florida’s statutory qualifications.
You must:
- Be at least 18 years old.
- Be a legal resident of Florida, or a permanent resident alien who has recorded a Declaration of Domicile.
- Be able to read, write, and understand English.
- Have no disqualifying felony conviction unless your civil rights have been restored.
Once appointed, your commission is valid for four years, provided you continue meeting the residency requirements. These qualifications are established by Florida law and are reviewed before a commission is issued.
Step 2: Complete the Required Education
If you’re applying for your first Florida notary commission, state law requires completion of a state-approved three-hour notary education course before your application can be processed.
The course covers topics such as:
- Florida notary duties
- Proper identification procedures
- Acknowledgments and jurats
- Ethical responsibilities
- Common violations and prohibited conduct
You’ll need proof of course completion as part of your application package.
Step 3: Obtain the Required Surety Bond
Every traditional Florida notary must obtain a $7,500 surety bond.
The bond does not protect the notary. Instead, it protects members of the public who suffer financial loss because a notary breached their legal duties.
Many applicants mistakenly believe this bond works like professional liability insurance. It doesn’t. If the bonding company pays a claim, the notary may ultimately be responsible for reimbursing the bonding company depending on the circumstances.
If you later decide to become a Remote Online Notary (RON), additional financial protection is required:
- $25,000 surety bond
- Minimum $25,000 Errors & Omissions (E&O) insurance
These higher requirements reflect the additional risks associated with online notarizations.
Step 4: Submit Your Application
Your application package generally includes:
- Completed application
- Proof of the required education course
- Signed surety bond
- Required state filing fee ($39)
Florida requires applications to be submitted through an approved notary processing agency, not directly by individual applicants. These approved processors electronically transmit applications to the Florida Department of State for review.
Submitting incomplete paperwork is one of the most common reasons applications are delayed. Double-check that every required document is included before submission.
Step 5: Receive Your Commission
After your application is approved:
- The Governor of Florida appoints you as a notary public.
- The Secretary of State issues your commission.
- Your commission remains valid for four years.
Only after your commission becomes effective may you begin performing notarial acts using your official seal.
Being approved doesn’t simply authorize you to stamp documents. Every notarization you perform must comply with Chapter 117, including proper identification, certificate completion, fee limits, and prohibited conduct.
Step 6: Complete Additional Requirements for Remote Online Notarization (Optional)
Traditional notaries who want to perform online notarizations must complete several additional steps before offering Remote Online Notary services.
These include:
- Completing the required RON education.
- Obtaining the higher statutory bond.
- Purchasing the required Errors & Omissions insurance.
- Selecting an approved online notarization technology provider.
- Filing the required RON registration with the Florida Department of State.
Receiving a traditional notary commission does not automatically authorize you to perform Remote Online Notarizations. Separate registration is required before conducting any online notarization.
Practical Compliance Tip
Many experienced notaries don’t lose their commission because of improper notarizations—they encounter problems after failing to keep their commission information current.
Florida law requires notaries to notify the Department of State within 60 days after certain changes, including:
- Legal name changes
- Home address changes
- Business address changes
- Telephone number updates
- Criminal charges or convictions
Missing this reporting deadline can create avoidable compliance issues, particularly during commission renewals or official investigations. A simple calendar reminder after receiving your commission can help ensure future updates are reported on time.
What a Florida Notary Is Legally Prohibited From Doing
Florida law gives notaries significant authority, but it also places clear limits on how that authority may be used. Most disciplinary actions don’t arise because a notary misunderstood the law—they happen because the notary ignored basic conflict-of-interest rules, failed to verify identity, or performed a notarization they were legally prohibited from completing.
Understanding these restrictions is just as important as learning how to perform a proper notarization.
Notarizing Your Own Signature
A Florida notary cannot notarize their own signature under any circumstance.
This prohibition exists because a notary must remain an impartial public officer. If the notary is also the person signing the document, there is no independent verification of the signing process.
The same principle applies when the notary has a direct financial interest in the transaction or is a named beneficiary of the document. In those situations, Florida law provides that the document is void ab initio, meaning it is legally void from the beginning rather than merely containing a technical defect.
For example:
- A notary cannot notarize a quitclaim deed transferring property to themselves.
- A notary cannot notarize a document naming themselves as a beneficiary.
- A notary should avoid any notarization where they personally benefit from the transaction.
Allowing another commissioned Florida notary to perform the notarization is the proper solution.
Certifying Copies of Public or Vital Records
Many people mistakenly assume a notary can certify any document as a true copy.
Florida law specifically prohibits notaries from certifying copies of public records when certified copies are available from the official custodian.
Examples include:
- Birth certificates
- Death certificates
- Marriage certificates
- Court orders
- Recorded deeds
- Other government-issued public records
If an agency maintains the original record and issues certified copies, the requester must obtain the certified copy directly from that agency rather than asking a notary to certify a photocopy.
This rule protects the integrity of official government records and prevents unofficial copies from being mistaken for authentic certified records.
Using “Notario” or “Notario Publico”
Florida has strict advertising rules designed to prevent consumer confusion.
A non-attorney Florida notary may not advertise using the terms “Notario” or “Notario Publico.”
In many Spanish-speaking countries, those titles describe legal professionals with authority similar to attorneys. Using those terms in Florida could incorrectly suggest that a notary is qualified to provide legal advice or legal representation.
The prohibition applies regardless of whether the wording appears on:
- Business cards
- Websites
- Social media
- Storefront signs
- Printed advertisements
- Other marketing materials
This rule works together with Florida’s mandatory advertising disclaimer for non-attorney notaries to reduce the risk of misleading the public.
Notarizing Without the Signer’s Required Presence
Perhaps the most serious violation involves notarizing a signature without the signer properly appearing before the notary.
For a traditional notarization, the signer must be physically present.
For a Remote Online Notarization, the signer must appear through an approved and recorded RON platform that satisfies Florida’s statutory requirements.
Skipping either requirement—even if the signer later confirms they signed the document—is not simply a paperwork mistake. Under Florida law, knowingly performing a notarization without the required appearance may constitute a third-degree felony, can result in revocation of the notary’s commission, and may expose the notary to both civil and criminal liability.
What It Actually Costs When a Notarization Goes Wrong
Many notarization mistakes aren’t discovered until weeks or months later—often when someone tries to record a deed, close a loan, probate an estate, or present a sworn affidavit in court.
By that point, correcting the problem can be significantly more expensive than performing the notarization correctly the first time.
Missing Method of Appearance
Florida now requires every notarial certificate to indicate whether the signer appeared by physical presence or online notarization.
If that required checkbox or statutory wording is omitted, the receiving office may reject the certificate and require a completely new notarization before accepting the document.
This can delay:
- Real estate closings
- Probate filings
- Court submissions
- Financial transactions
- Government filings
In many cases, the inconvenience falls on both the signer and every other party waiting for the transaction to proceed.
Weak Identity Verification
Identity verification is one of a notary’s primary legal responsibilities.
If a notary incorrectly states that a signer was “personally known” when they were not, or fails to document the identification presented, the notarization may later become the subject of legal scrutiny.
Although the underlying document is not automatically invalid simply because someone challenges the identification process, inadequate identity verification can expose the notary to civil liability and create evidentiary issues if the document’s authenticity is later disputed.
Properly recording how identity was verified helps protect both the signer and the notary.
Conflict-of-Interest Notarizations
Conflict-of-interest violations carry some of the most severe consequences under Florida law.
When a notary notarizes a document in which they have a prohibited personal financial interest or are a named beneficiary, the issue goes far beyond a licensing violation.
Florida law treats certain prohibited notarizations as void ab initio, meaning the notarization has no legal effect from the outset rather than simply requiring a technical correction.
For the signer, this can jeopardize the enforceability of an otherwise valid legal document.
For the notary, it can result in disciplinary action, civil liability, and the loss of public trust.
Acting After Your Commission Has Expired
A Florida notary’s authority exists only while the commission remains active.
Using an expired commission, outdated seal, or performing notarizations after losing authority creates serious legal problems because the individual is no longer authorized to perform notarial acts.
Likewise, attempting to bypass Florida’s appearance requirements—whether by stamping a document someone left on a desk or notarizing a signature that was never properly acknowledged—can expose the notary to criminal penalties in addition to administrative discipline.
For that reason, maintaining an active commission, updating required information with the Department of State, and following every statutory procedure is far less expensive than defending an avoidable complaint or attempting to repair a defective notarization months later.
Frequently Asked Questions
If my notary forgot to check the physical presence or online notarization box, is my document still valid?
Florida law requires every notarial certificate to indicate whether the signer appeared by physical presence or through online notarization. Omitting this required disclosure creates a defect in the notarial certificate and may cause the document to be rejected by a county recorder, title company, court clerk, or another receiving agency during review.
The safest solution is usually to have the document re-notarized with a properly completed certificate, rather than attempting to modify the certificate after the notarization has been completed. A corrected notarization is generally faster and reduces the risk of future challenges to the document’s validity.
Can a Florida notary charge more than $10 to notarize my affidavit?
For most traditional notarial acts—including acknowledgments, jurats, oaths, and copy certifications—Florida law limits the notary’s fee to no more than $10 per notarial act.
There are two notable exceptions:
- A notary may charge up to $30 for solemnizing a marriage.
- A commissioned Remote Online Notary may charge up to $25 for each online notarial act.
Charging more than the statutory maximum may subject the notary to administrative discipline, even if the notarization itself was otherwise performed correctly. The fee limitation regulates the notary’s conduct, not the validity of your underlying legal document.
What happens if a notary notarizes a document where they’re also a named beneficiary?
Florida law prohibits a notary from notarizing a document in which they have a prohibited direct financial interest or are a named beneficiary.
This is one of the most serious violations under Chapter 117 because the notarization is not treated as a harmless technical error. Under the statutory rules summarized in this guide, the document is considered void ab initio, meaning it is treated as legally void from the beginning rather than merely requiring correction.
If a conflict of interest exists, the proper course is to have the document notarized by another impartial Florida notary who has no personal interest in the transaction.
Does the notary have to personally know me, or is my ID enough?
No. A Florida notary does not have to personally know you.
Florida law allows a notary to establish your identity in one of two ways:
- The notary personally knows you; or
- You present an acceptable form of identification, and the notary records that identification in the notarial certificate.
The certificate must clearly indicate which method was used. Simply presenting an ID without the notary documenting it on the certificate does not satisfy the statutory certificate requirements. Likewise, a notary should never state that a signer is “personally known” unless that statement is actually true. Accurate identity verification protects both the signer and the notary if the document is ever questioned in court or during a transaction.
Disclaimer: This guide is intended for educational purposes and provides general information about Florida notary requirements based on Chapter 117 of the Florida Statutes. It is not legal advice and does not create an attorney-client relationship. If your situation involves a disputed notarization, litigation, or document-specific legal questions, consult a qualified Florida attorney.
