About Document Authentication and Notary Services LLC

  • Free Services
    • We provide free services for the following:
    • Forms typically required by schools, clubs, churches, associations, etc. to limit or waive liability
    • All loyalty oaths
    • Witnessing an absentee ballot in an election

    Even though the notarization is free, there would still be a travel fee if the notarization required us to travel to your business, home or other location. There is a flat travel fee for destinations within 10 radial miles of our office. See our fee table under Notary and Apostille Fees on the FAQ page.

  • Days and Hours of Operation
    • Our Days and Hours of Operation
    • Please call to make an appointment:
    • Mon - Fri: 9AM - 5PM
    • Sat: CLOSED
    • Sun: CLOSED
    • Email us your Authentication/Apostille requests anytime day or night
    • Closed: Memorial, Independence, Labor, Veterans, Thanksgiving, Christmas and New Year's Days

    Call +1(321) 591-9658, FOR AN APPOINTMENT. We can usually accommodate you the same day depending on how full our schedule is. Please call for an appointment since we provide mobile services and could be out serving clients away from our office. You can call anytime to schedule an appointment in the future when you'll be in town or if documents will be arriving at a latter date.

    If you call and we can't get to the phone, please leave your contact information. We will return all calls made to us in-between appointments to schedule you for the earliest possible time. We bend over backwards to accommodate your needs.

  • Notarial Journal
    • Our use of a Notarial Journal

    We use a notarial journal to record all notarial acts. You will be required to sign our journal if your signature will be notarized, including notarized witness signatures, or you are the deponent in a deposition.

    Note: Florida law does not require the use of a notary journal; however, you may be interested to know that the Governor's Task Force on Notaries Public in 1989 recommended the mandatory use of journals. Although the Legislature did not follow that recommendation, many notaries in Florida are beginning to voluntarily use a journal. ......Even though journals are not required, any notary who is concerned with liability may want to consider this protective measure to provide a permanent record of his or her notarial acts. [Governor's Reference Manual for Notaries, State of Florida, Nov 2001, pgs 42, 43]

  • Notary Fees
    • Our Notary, Service and Travel Fees and Methods of Payment

    Excluding solemnizing the rites of matrimony, the maximum a notary can charge in the state of Florida is $10 per notarial act (one notarial certificate) [FL Statute §117.05(2)(a)]. Document Authentication and Notary Services charges discounted fees.


    Notary / Service Fee Schedule
      we come to you
    (travel fee applies)    		 at our home office
    First Notarization $8.00 $8.00
    Additional Notarizations† $6.00 $6.00
    Attested Photocopies N/A $10.00
    Deposition Oaths
    ID for Court
    (free long distance to court from our office)

    Deposition Affidavit
    (if requested by court)    		 $10
    (add any wait time)

    $10.00    		 $10
    (add any wait time)

    $10.00
    Certify Contents of
    Safe-Deposit Box    		 $10.00
    (add tvl + hrly rate)    		 N/A
    Loyalty Oath
    [per F.S. §116.38(3)]    		 $0.00 $0.00
    Liability Waiver
    Church Camp Participant    		 $0.00 $0.00
    Translation
    (includes notarized translation affidavit)    		 N/A $50 - $110
    (per page - depends on complexity)
    Travel
    (flat fee within 10mi radius of home office)

    Additional Mileage
    (beyond 10mi radius to 30mi max)     		$35.00
    (eff: 3/7/2022)

    $2.00/mi    		 N/A


    N/A
    VIN Verification
    (e.g. HSMV 82042 / 82040)    		 $10.00 $10.00
    Wait Fee†
    (eg waiting on doctor, witnesses or
    judge/attorney in 15 min increments)    		 $48/hr N/A
    Witnessing Absentee
    Ballot in Election
    [per F.S. §117.05(2)(b)]    		 $0.00 N/A
    †Additional Notarizations: two or more notarial acts at the same location at the same time.
    †Wait Fee: Signers should be present and available at time of signing.

    Example A
    (Your location, 2 documents)

    You call and we agree on a time for us to arrive at your location (within a 10 mile radius of the office). You have two documents, each with one notarial certificate. Your cost would be $8 for the first notarial certificate plus $6 for the second certificate and $30 for the flat travel fee ($8 + $6 + $30) = $44.

    Same senario but if you're located 23 miles from the office, your fees would be $52.75 tvl + $8 + $6 = $66.75.

    Example B
    (Our office, 2 documents, one which requires an Apostille)

    You call and we agree on a time. You arrive at our home office with two documents, both needing notarization and one of them (a Power of Attorney for Real Estate) needing to be sent to Spain so your attorney in Spain can transact real estate business on your behalf. Your cost would be: $8 for first document plus $82 for the POA Apostille (Standard Service). The notarization of the Power of Attorney is included in the Apostille fee. Your total would be ($8 + $82) = $90.

    Example C
    (Our office, Loan document set)

    You call and tell us that your title company, mortgage company or attorney sent you the mortgage documents to have you and your wife's signature notarized. A typical package has 2 - 5 notarizations. Within 10 miles of the office and 3 notarizations would cost ($30 + $8 + $6 + $6) = $50. If notarized at our office, it would cost $20. The number of notarizations is determined by the number of notarial certificates. If you have a 15 page mortgage, for instance, and it's being signed jointly (two signatures), it would be considered one notarization. If the two signers, however, are located at different physical addresses or are signing on different days, it would be considered two notarizations.

    Travel beyond 10 miles, up to 25 miles one way, will be assessed a mileage surcharge. See fee table. An itemized receipt for services performed is always provided. Please call for a Good Faith Estimate of fees related to your specific need.

    Payment Methods Accepted

    • Cash
    • Personal or Business Checks drawn on a US Bank
    • Note: As of September 1, 2021, we no longer accept payments via PayPal.
    • Credit Card Logos JCB Card Logo


  • Processing Payments
    • When we cash checks and charge credit/debit cards

    No checks are cashed and no debit or credit card is charged until all documents are received in our office and are in good order. This means all documents to fulfill the order requests must have been received from other agencies (Department of States, Vital Records Offices, Clerk of Courts, FBI Channelers, Clearinghouses, Colleges, etc.) or individuals, and notarized documents outside this office conform to FL notary statute before we take payment. Your check or credit/debit card information is held until we are able to process your order in full.

    Partial orders can be processed but only at the written request of the client. The client may be subject to additional charges due to multiple shipments and reduced quantity discounts.

    We accept the following credit cards: Visa, MasterCard, American Express, Discover, JCB, UnionPay, Prepaid, (cardholders billing address and postal code must have been registered with the card issuer prior to use), and most International cards that bear the above logos.

  • Receipts and Invoices
    • We provide receipts and we invoice

    You will ALWAYS get an itemized receipt for services rendered by us. You will never walk away wondering what you've paid for. If your company reimburses you for getting your documents notarized and/or authenticated, the receipt will come in handy.

    For title companies, mortgage brokers businesses, out of state attorneys with loan document sets and document authentication orders, all are invoiced with return carriers' tracking number information. Invoices are strictly net 15 days. Special billing arrangements can be made depending on prior experience, volume and ordering frequency.

  • Service Area for Mobile Notary Service
    • The towns we serve as mobile notary, in alphabetical order, are:

    Eau Gallie, Grant Valkaria, Indialantic, Indian Harbour Beach, Malabar, Melbourne, Melbourne Beach, Melbourne Shores, Melbourne Village, Palm Bay, Palm Shores, Satellite Beach, Viera and West Melbourne.

    There is a flat travel charge within a 10 mile radius of the office (next to FL Institute of Technology). Additional per mile charges apply for distances beyond 10 miles. See our fee schedule under "Notary Fees".

Document Authentication - Documents Presented Overseas

  • Apostille Process
    • Apostille Definition and Procedure for Obtaining One

    Typical Purposes for Apostilles

    • Transacting personal or corporate business overseas
    • Submitting professional or scholarly credentials to recipients overseas for employment or foreign school admission
    • Applying for marriage licenses overseas
    • Transmitting of medical records overseas
    • Translated documents with attached translation affidavit

    Documents that are notarized in the United States and sent to another country typically require validation of the signature authority, certification of his/her official capacity and validation of the document seal prior to acceptance by the receiving country. Countries which accept Apostilles are signers to the Hague Apostille Convention and are listed on this site in the right sidebar under the Apostille tab.

    Apostilles are issued by the Competent Authority which oversees authentications which originate in their jurisdiction. For the 50 US states, the Competent Authority able to issue authentication certificates (Apostilles) are the office of Secretary of State for that state in which the document originates. These documents would have statutory notarial certificates and seals for notarized signatures or documents, or those attested to and signed by elected or appointed state officials. There is a federal Competent Authority for those documents which originate at the federal level, and that is the US Department of State. The document can be in any language, and documents which require authentication by the US Department of State will require an English translation if in a language other than English.

    Remember that Apostilles do not certify the contents of the document, they validate the official signer, whether it be a notary that notarized the signature of the document signer or the signature of the person who attests to a copy, along with their seal and their capacity to perform in that capacity.

    For destination countries which are not party to the Apostille Convention, a Certificate of Notarial Authority is issued by the FL Department of State and the document must then be sent to the U.S. Department of State in Washington DC for authentication. See the Authentication tab.

    Document Types and Requirements for Authentication

    There are different rules depending on where the document originated from and what authority attested to it and signed it. These documents are listed along with requirements here.

    Document Authentication and Notary Services can assist you in acquiring your authenticated documents (State or Federal). Just give us a call at (321) 591-9658 and we can take care of all the details.

  • Brazil Apostille/Authentication
    • Brazil signs Apostille Convention

    NOTE: Brazil has signed onto the Apostille Convention and as a result, documents will be authenticated at the state or federal levels with the Apostille certificate effective 14 August 2016 without having to be presented at the Brazilian Consulate.

  • Consular Report of Birth Abroad (CBRA) Apostille
    • CBRA for use in Apostille Country

    Federal documents on forms DS-1350 or FS-240 can be Apostilled through the US Department of State. Forms DS-1350, even though no longer used, are still valid for proof of birth abroad. The individual whose name appears on a "Report of Birth Abroad" proves US citizenship. Multiple copies of the FS-240 can be issued by the Department of State, Division of Vital Records. These documents cannot be copied or attested to by a notary public but are permanent records of the US Department of State, certified copies of which can be obtained through them.

    Persons who may request a certified copy of an FS-240 include: the individual whose is named in the document (“name of child”, or subject) if 18 or older, a parent, guardian or legal representative if the individual is under 18, an authorized government agency or a person who presents a written authorization from the individual whose signature is notarized.

    If you wish to correct or amend a report of birth, you must state what correction or amendment you wish to make and include certified copies of all documents appropriate for affecting the change. Examples of these documents include:

    • foreign birth certificate
    • marriage certificate
    • court ordered adoption or name change
    • birth certificates of adopting or legitimating parents
    • any previously issued birth records or notarized affidavits attesting to their disposition

    NOTE: There is no additional charge for amending or to replace a document containing an error that was the fault of the issuing office.

    It is no longer necessary to return the originals of the DS-1350 or FS-240 certificate or to provide a notarized affidavit attesting to its loss or destruction unless you are requesting a correction or an amendment.

    INFORMATION TO PROVIDE

    To locate your document, have a certified copy created and Apostilled, the agency requires the following be provided:

    1. Subject's full name at birth,
    2. Adoptive names (if any),
    3. Subject's date and place of birth,
    4. Passport information (if any),
    5. Parent's names and dates of birth (if known),
    6. Serial Number of FS-240 (if known),
    7. Notarized letter requesting either a copy, an amendment or correction of the document with the information in 1) - 6), above and which includes a return address and daytime telephone number at which you can be reached,
    8. A copy of a current state issued Driver License or ID Card, Military ID, Passport or Veterans Administration card of the requesting party,
    9. A copy of the court order granting guardianship [legal guardian(s) only],
    10. If requesting an Apostille, specify the destination country.

    TURNAROUND TIME ESTIMATES

    • Anticipate a processing time of 4 - 6 weeks once documents are received by the USDOS
    • It could take 4 - 8 weeks if requesting amendments or corrections to existing FD-240 certificates
    • There is no expedited service available at the US Vital Records Office

    CALL our office for notarized USDOS request form, copies of required identification and current fee schedule.

  • People's Republic of China Authentication and Legalization
    • China's Jurisdictional Consulates

    UPDATE: The jurisdictional Chinese Consulate which serves FLORIDA has been closed since March 2020 and will remain CLOSED. The U.S. government has issued orders for it's permanent closure effective Friday, July 24. This being the case, we are awaiting information from Chinese officials as to what they are planning for legalization of documents which originate in the 8 states Houston served. There are quite a few people, of many nationalities, who will need their work visas renewed, requiring legalized documents in support of this renewal. Currently we are having documents which will be presented into China, authenticated at the state AND federal level and getting them legalized through the Chinese Consulate in Washington DC. Unfortunately it takes an additional 8 weeks to go through the federal authentication process during this COVID19 disruption.

    They could decide to split the jurisdictional responsibilities between the remaining 5 consulates, assign all 8 states to a single jurisdictional consulate or any number of other alternatives. The current alternative is to have documents authenticated at the state and federal level and present them to the Chinese Consulate in Washington DC. Current turnaround times due to COVID19 for documents which originate in FLORIDA are: 15 calendar days (Std Svc) or 2 days (Exp Svc) for state authentication, 6 - 8 weeks for federal authentication and 1.5 - 2 weeks for Chinese legalization in Washington DC.

    China is not a signer to the Apostille Convention so authentication certificates will be issued instead of Apostille certificates. Documents which originate in Florida are authenticated at the state level. If they originate at a federal agency they are authenticated at the federal level. We can assist in getting your document(s) authenticated in Florida and legalized through the jurisdictional Chinese Consulate. For documents which originate in other states, the will need to have their state authentication certificates attached before we can submit them to the jurisdictional Chinese Consulate on your behalf. Documents which originate in some states in the mid-west require both state and federal authentication before being presented to the Chinese Consulate. We can facilitate the federal authentication and legalization process.

    Supplemental documents need to accompany your authenticated document(s) when presenting them to the Chinese Consulate. A completed Application Form for Notarization/Legalization, a photocopy of the title page of the applicants passport, and our Authentication Order Form. For documents with more than 2 pages, the pages much be properly bound as a volume to avoid any substitutions. Sealing wax, paging seal or a steel seal should be applied to ensure the integrity of the documents. You can not mail your documents to the Consulate directly, as they must be presented in person, either by yourself or through an entrusted agent who will present your document(s) on your behalf. Our courier is that entrusted agent.

    Note that a lot of documents like background checks, health status, proof of financial status, adoption, etc. can not be dated more than 6-months prior to submission to the Chinese Consulate. Document Authentication and Notary Services can acquire Chinese legalization for your documents.

  • Embassy Legalization Services
    • Embassy Legalization Services

    Some authentication processes do require one additional step--Embassy Legalization by the Embassy representing the country in which the document will be used. After obtaining the U.S. Department of State Seal, the document is then presented to the respective Embassy to obtain the final legalization/authorization seal.

    The provides these services on behalf of the requester on a per document basis. We will provide you with a Good Faith Estimate based on the current Embassy document processing rate. We provide these services on a regular basis for foreign nationals who require their diplomas and some transcripts (from private colleges) be legalized for use in their country of employment or pursuits of higher education.

  • Notarizing Signatures on Foreign Documents
    • Documents Drafted Overseas

    The world has gotten smaller as people disperse among many continents--children move away from their parents to different countries; parents retire in a country other than the one in which they made their living; people no longer have access to their property in their country of origin due to physical limitations or government imposed restrictions. All these situations contribute to the need for documents to be signed in one country and be presented into another country half way around the world. For a notary, these situations present many challenges. How does a notary in the US notarize the signature of a person living in the US, abide by the laws of the state in which the notary resides and keep the integrity of the document intact?

    In quite a few countries, a notary is also an attorney, or even has to be an attorney to be a notary. They can make statements that a notary in the United States can not. Documents from foreign countries invariably have wording which imply that the notary/attorney has either the authority or knowledge which a U.S. notary could not possibly have. In our experience, Power's of Attorney drafted overseas are notorious for this. Not being attorney's ourselves, we would caution U.S. notaries when notarizing signatures on foreign documents. Notaries notarize signatures and to suggest that a notary has authority to act in other capacities is very problematic.

    Another issue U.S. notaries could face are documents drafted in such a way that the notary ends up actually making an attestation, and without the statutory notarial wording, ends up signing their name to the attestation and applying their seal to the statement, in effect notarizing their own signature. These are pretty prevalent on foreign Life Certificates which are signed by a pensionner residing in the United States. A good example of one is here. On it, the notary is asked to attest to facts, sign and apply their seal (official stamp). Be aware that given the wording of this form and the lack of a statutory notarial certificate, by signing the statement and applying your notarial seal, the implication could be that you are notarizing your own signature--an unlawful act in all 50 U.S. states.

    Most, if not all, applications for a notary commission require the prospective notary to attest to the fact that they have read and agree to abide by the state or territorial statutes which govern their notary commission. Doing so will enable you to understand the limitations of your authority as a notary and keep you out of hot water when executing the authority given under your state's notary law.

  • Puerto Rico Authentication
    • Puerto Rico--a possession of the US--Special Case

    Puerto Rico law follows Civil Law when it comes to family, real property, and contract law, to name a few. Common Law, which is practiced in the states, is applied to constitutional law, bankruptcy law, and criminal law in Puerto Rico.

    Within the civil law system Puerto Rico has established civil-law notaries. This type of notary differs from public notaries that you find in the states. All notaries in Puerto Rico are also practicing lawyers.


    Puerto Rico falls under the Federal Rule of Evidence 902 and holds:

    The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted:

    (1) Domestic Public Documents That Are Sealed and Signed. A document that bears:

    (A) a seal purporting to be that of the United States; any state, district, commonwealth, territory, or insular possession of the United States; the former Panama Canal Zone; the Trust Territory of the Pacific Islands; a political subdivision of any of these entities; or a department, agency, or officer of any entity named above; and

    (B) a signature purporting to be an execution or attestation.

    Even with the Federal Rule of Evidence 902, which applies to Puerto Rico as a possession of the United States, some attorneys and government departments within Puerto Rico have asked that some documents coming from the United States be authenticated (sometimes specifically requesting Apostilles).

    The FL Department of State (the authority which issues authentication certificates for documents originating in Florida) is aware of these requests from Puerto Rico and may issue Certificates of Notarial Authority (CNA) in lieu of any Apostilles being requested by Puerto Rico, as a courtesy, at their discretion.

  • US Authentication Services
    • US Authentication Services

    The US Department of State, Authentication Office is responsible for signing and issuing certificates under the Seal of the U.S. Department of State (22 CFR, Part 131) providing authentication services to U.S. citizens and foreign nationals on documents that will be presented in countries which are not signatory parties to the Apostille Convention of 1961, as amended, and for which the FL Department of State has issued a Certificate of Notarial Authority in lieu of an Apostille.



    Typical documents include, but are not limited to: company bylaws, powers of attorney, trademarks, diplomas, home studies, letters of reference, transcripts, state or federal background checks, sales receipts, patent applications, and marriage, divorce, death certificates, etc. It also ensures that the requested information will serve in the interest of justice and is not contrary to U.S. policy.

    Each US state will issue an authentication certificate in lieu of an Apostille if the country specified is no an Apostille country. Some non-Apostille countries do not require documents to proceed to the federal level for authentication, but will accept them at their regional Embassies (eg China) for legalization. Ask us about your specific needs. It can get complicated, especially when Consulates change requirements.



    Please click on the Authentication tab for more information.



  • Rejected Apostille/Authentication Requests
    • Notified of Incorrect Notarization by FL Department of State

    Unfortunately many notaries public aren't aware of all the required elements of a notarization or the differences between notarial certificates, especially the difference between a) those required when giving an oath or the taking of an acknowledgment, and, b) those required when making attested photocopies of documents.

    Documents are also rejected if it does not bear the signature of the notary, elected or appointed official. These would include documents obtained from the Clerk of the Courts, Office of Vital Statistics (Birth, Death, Marriage, Certificates), notarized FBI (Background Checks), Florida Department of Law Enforcement, FL Department of Highway Safety and Motor Vehicles documents and transcripts from public educational institutions, etc.

    When notarized documents are just stored in file cabinets and are not scrutinized for validity, invalid notarizations go undetected. However, when a document is adjudicated or needs to be authenticated for overseas use, it will be scrutinized by the courts or the Department of State for statutory compliance. People only become aware of an invalid notarization when it needs to be used in a situation where the notarization is evaluated against the state statutes.

    The validity of a notarization is dependent on the knowledge of the notary performing the notarization, not the office or business at which the notary is located.

    Unfortunately, this is prolematic for us, causing us to request that clients send us scanned images of notarized documents before sending in the originals for authentication (eg Apostilles). We do this to validate the notarization and save you time and money.

Foreign Language Documents

  • Documents in Languages Other Than English
    • Documents Written in Languages other than English

    People often ask us if we can notarize a document that is written in a foreign language (not English). The answer is yes because contrary to popular belief it's not the document that is notarized, it's the signature on the document that is notarized.

    So if you have a Power of Attorney for selling property in Columbia and it's written in Spanish for presentation in that country, just bring it in unsigned and we can notarize your signature on it. If it requires authentication, refer to the FAQ section regarding Documents Sent Overseas.

    If a preprinted notarial certificate is not on the document, one can be placed on the document if there is room, or a loose certificate can be attached to the document. A loose certificate must identify the document to which it is attached. If your document does not have a preprinted notarial certificate on the document, we will ask you if you need a jurat or acknowledgment.

    We have notarized many signatures on documents written in foreign languages for use in the signer's home country and have provided educational credentials for presentation in foreign countries with appropriate authentication.

  • Document Translation & Translation Affidavit
    • Translating Documents and Translation Affidavits

    Anyone can translate a document from one language to another. Once the translation has been done, the translator then completes an affidavit attesting to the accuracy of the translation and their fluency in both languages. The translators' signature is then notarized on the affidavit by the notary.

    The notary and the translator can not be the same person since a notary can not notarize their own signature. The translator can not be the notary's father, mother, spouse, son or daughter since the notary can not notarize their signatures either.

    If you need a document translated from Spanish to English or English to Spanish, we have a number of Spanish speaking translators available. They will translate your document and the translated document will look very similar to the original in format.

    The translator will be given an oath and will sign an affidavit (see our Resources Page) stating that they have accurately translated the attached document. This could take a couple of days depending on the availability of the translator. There would be a fee for the translator in addition to the notarial fee for the affidavit.

    If, after translation the document needs to be authenticated to be presented overseas, the notary will apply for the appropriate authentication (Apostille or US State Department Authentication) by sending the translated document, the translators affidavit, cover letter, fees, SASE, etc. to the appropriate authority. If you have questions or want us to assist you in this process, please call, we do it daily.

General Documents

  • Blank Forms
    • Notarizing Signatures on Blank Forms

    State notary law prohibits a notary from notarizing a form with blanks not filled in. If the notarial certificate is a jurat, you'd be asked to swear (or affirm) that the contents are true and correct, but you can't do that if the form lacks the information you're attesting to. [FS §117.107(3)(10)]

    If a document is presented to a notary without a preprinted notarial certificate, the notary must be directed by the custodian of the document as to which certificate type to print on, or attach to, the document. This being the case, the notary should have a supply of blank notarial certificates to aid in this process.

  • Certificate of Title - Motor Vehicles
    • Certificate of Title - Motor Vehicles

    Neither the buyer or seller's signatures are required to be notarized when transferring ownership of a motor vehicle in Florida.

    However, when a motor vehicle registered in Florida is being purchased by an out-of-state buyer, it is common that the out-of-state Department of Motor Vehicles (DMV) require that signatures of the buyer and seller be notarized as part of the transaction. The out-of-state DMV is attempting to reduce fraud by having the two parties to the transaction appear before a notary public to be identified and have their signatures notarized.

    Since Florida Certificates of Title don't require notarization to transfer ownership, there isn't space on the certificate to print a notarial certificate for those who desire/require signatures to be notarized. We use "loose certificates" and will attach them to the Certificate of Title to satisfy the notarization request of out-of-state DMV.

  • Diplomas
    • Diplomas

    School diplomas are often requested by employers or other schools as evidence of acquiring academic credentials.

    School diplomas are not public records kept in school administration files like transcripts are. This being the case, notaries in FL can make attested photocopies of diplomas whether from a public school or private school. Once the attested copy is made it could be sent directly to the recipient, if located in the U.S., or, if it needs to be presented outside of the U.S., could then go through the apostille or authentication process.

    If the recipient requests a "certified" copy, they are probably referring to an attested copy made by a notary since "certified" copies of diplomas can not be acquired from the custodian of documents at educational institutions.

  • FL Birth, Death and Marriage Certificates
    • FL Birth, Death and Marriage Certificates

    Notaries are not authorized to make copies, either "certified" or attested photocopies of birth, death or marriage certificates. Certified copies (those made by the custodian) can only be obtained from the Department of Vital Records in the state in which the event is recorded.

    For a FLORIDA Apostille, the certified copy of the Certification of Birth, Death or Marriage must be siged by the current state registrar, who is Ken Jones (since 11/1/2014) or his predecessor, C. Meade Grigg (abt 1994 - 2014). Registrars before C. Meade Grigg were: Charles Mahan, Oliver Board, Edward Williams, Carton E. Prather and Wilson T Sowder. Signatures of a local health officer are not acceptable for an apostille certificate in Florida. If your certified copy is not signed by one of these individuals, you'll need to get one from the FL Vital Records Office if the event happened in this state. No other versions of Vital Records Certificates can be Apostilled (eg at the county level).

  • Handwritten Statements or Letters
    • Notarizing signatures on hand written statements or letters

    There is no difference between notarizing a written statement or a pre-printed, typed statement. The person requesting the notarization will need to determine what type of notarial act needs to be performed (jurat or acknowledgment). The notary is not authorized to make that determination.

    Once the determination is made, however, the appropriate notarial certificate can be printed on the document by the notary. We use pre-printed, permanently attached certificate labels for this purpose if there is room on the form. If there isn't room, a "loose certificate" is attached to the document per FL Statutes.

    See FL Acknowledgment and Jurat Examples for a description of the two types of notarial certificates.

  • I-9 DHS Form - Employment Eligibility Verification
    • Acting as an Authorized Representative and Notarizing Signatures on I-9 Forms

    Hiring employers must carry out full I-9 responsibilities related to completing the I-9 form. If the employee is working remotely, the employer typically requests that the I-9 be taken to a notary public and have them fill out Section 2, Employer Review and Verification, signing as an Authorized Representative, have the employees' signature notarized and the I-9 sent back to the employer. We at Document Authentication and Notary Services (DANS) can not act in the role of an Authorized Representative on behalf of the employer due to the CERTIFICATION statement we would be asked to sign.

    The attestation in the CERTIFICATION section of this form (below Section 2) can not be attested to by DANS since we have NO knowledge that "the employee is authorized to work in the United States" regardless of the types of documents presented. Signing this attestation is not a statutory function of a notary public and we wouldn't feel comfortable attesting to this even if we were given written authority by the employer. Doing so could make our company responsible for keeping copies of this form for years, which is also not a notary responsibility. Some companies that facilitate the execution of this form require the notary sign an affidavit stating that they have reviewed the employee's documents and then sign the affidavit under their own seal (notarize their own signature), a felony in Florida. For these reasons, we have elected to not become a party to the I-9 Verification process.

  • Last Will and Testament & Codicil
    • Do Last Will and Testaments need to be notarized in Florida?

    No, they must be signed in front of two subscribing witnesses. However, it is strongly suggested that you include a Self-Proof Affidavit where the testator and both witnesses' signatures are notarized. If a will is contested in court, the will will be self-proving and the witnesses won't have to be sought after.

    There are four conditions to notarizing a self-proving will. They are:

    1. The document signer must be present and competent to execute the document.
    2. The signer must be able to a) produce statutory identification, or, b) be personally known to the notary.
    3. There must be two witnesses.
    4. The document must have the proper notarial certificate.

    [FL §732.503] A will or codicil executed in conformity with §732.502(1) and (2) may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths and evidenced by the officer's certificate attached to or following the will.

    Due to serious legal problems that can result from both an invalid (doesn't comply with state statutes or invalid legal wording) and/or an incorrectly notorized will, you should have the will drawn up by an attorney and seek a competent notary. The same is true of the codicil (amendment to a will).

    The company strictly follows FL Statutes. All oaths, affirmations and acknowledgments are given, requiring verbal responses from the principal/testator and witnesses. Any competent notary can notarize signatures, but these documents need to be properly executed.

    If you have any notarial questions, call. We will answer any notarial questions we can. We are not attorney's so we can't answer your legal questions. Seek a competent attorney for will-specific questions. The company provides self-proving affidavits (directly from FL Statutes) and will notarize signatures on them, if requested.

  • Living Will / Advance Medical Directive
    • Living Wills / Advance Medical Directive

    In some states a living will might be referred to as a Natural Death Declaration or Instruction Directive. These living wills simply state the will makers' desires regarding artificial life support options when the individual is not expected to recover from extreme physical (or mental) disability. You've heard the term 'die with dignity' and this document allows the individual to express their desires regarding ongoing life sustaining treatments.

    There is a statutory example of a living will in the Florida statutes [FS §765.303(1)] which could be used in an emergency, but it is suggested that one seek a competent attorney in constructing the living will to fit an individual's specific circumstances and desires.

    Notarization and Witnesses: The living will requires the will maker's signature and that of two subscribing witnesses. It does not require any signatures be notarized. That's not to say that an attorney, putting together a living will document, couldn't suggest that the will maker's signature be notarized.

  • Out-of-State Documents
    • Can a notary notarize out-of-state documents?

    Yes. The purpose of notarization is to identify the signer of a document. Contrary to popular belief, notaries don't notarize documents, they notarize signatures. Any notary can notarize signatures on documents which were drafted outside their state. FL notaries are commissioned to perform notarial acts in any county within the state of Florida.

    If the signer is not at the same physical location where the papers are drawn up, the documents will have to be sent to the signer for their signature. A local notary is then contacted, the signature(s) are notarized and the documents returned to the originator.

    An example might be you are selling your house in Colorado but you are on a one month vacation in Florida. The closing documents are sent to you in Florida by your title company and you find a Florida notary to notarize your signature on the documents. You then send the documents back to the title company in Colorado.

    Another example could be that you live in North Carolina but need a Power of Attorney signed and notarized by your elderly mother who lives in Florida. You send the Power of Attorney documents to your mother in Florida and call a nearby Florida notary. The notary meets with your elderly mother, notarizes her signature on the documents and the documents are returned to you in North Carolina. If witnesses are required, they would be your responsibility.

  • Power of Attorney
    • Power of Attorney (POA) and their Execution

    Because there are many variations of the Power of Attorney (General POA, Limited POA, Durable POA, Springing Power POA, POA for Property, etc.) it is strongly suggested that your POA be reviewed by a practicing attorney before being notarized and witnessed. It needs to be legally binding and enforceable. Even if you get the principal's signature notarized but the document is NOT legally enforceable in your state, the notarization won't change that fact.

    The Florida "Power of Attorney for a Motor Vehicle, Mobile Home or Vessel", form #HSMV 82053 (Rev 12/11) does not require notarization. It contains a unnotarized oath as described in section 92.525, Florida Statutes. This does not preclude the recipient of the document from requesting the signature be notarized, however, if the document recipient desires identification of the signer by a notary. This request is reasonable if the signer is physically distant (another state) from the intended recipient of the document.

    Assessing Cognitive Capacity: We comply with F.S. 117.107(4), FS 117.107(5) and FS 709.2102(7) to the extent that a lay person, without medical credentials, can preceive that the principal knows that they are signing a document which gives another person the authority to act and make decisions on their behalf. We interact with the principal to the extent that we feel they have the capacity to understand in conformance with the previouly mentioned Florida statutes. We ask if they are signing the document of their own free will; to name the agents on the POA and what relation they might be; we ask routine, open-ended questions to assess their ability to interact and ask any interested parties to abstain from giving leading answers.

    Notarization and Witnesses: Here is Florida Statute §709.2105(2): "A power of attorney must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public or as otherwise provided in s. 695.03." Some store-bought and attorney-drafted POAs have preprinted notarial certificates on POAs which require the witness signatures be notarized as well as the principal. This appears to be beyond the Florida Statute requirements. In these cases, the notary can not act as a witness since the notary can not notarize their own signature.

    If you have any questions, seek legal advice. You can also check out the Florida Power of Attorney Pamphlet provided by The Florida Bar.

  • Transcripts
    • Copies of Official Transcripts

    Some schools or employers typically ask for transcripts from a school you might have attended in the past. Typically transcripts are available from your school and certified copies can be made by the school administrator and sent to you, your new school or your employer. School administrators make "certified copies", notaries make "attested copies".

    FL notaries can not make attested copies of documents that are kept on file in public educational institutions. Florida notaries can, however, make attested copies of transcripts from PRIVATE educational institutions. If the student needs their transcript sent to a country outside the U.S., (whether from a public or private school) they can be forwarded to the appropriate state or federal agency for authentication. (See section on Documents Sent Overseas).

  • Vehicle Titles
    • "Notarized" FL Vehicle Titles -- Electronic and Paper

    Paper titles can be notarized in two ways: 1) The signature of the seller and/or buyer can be notarized on the title using a loose certificate. Some state motor vehicle departments will request this if a vehicle is sold or bought out of state and needs to be registered in that state. 2) The title itself can be copied and attest to by the notary using standard FL notarial wording. This process might be required if the owner of the vehicle is attempting to register it overseas or needs a "notarized" copy for use in the U.S.. If this notarized title is required to be presented in a foreign country, it must first be authenticated.

    Electronic titles are kept in the computer system at the FL DMV. A paper copy of the title can be obtained through the department's web site here. If the lienholder has a copy of the ELT, it can be sent to us and an attested copy made for authentication purposes. We will validate the ELT through the FL Department of Highway Safety and Motor Vehicles.

Notarial Certificates & Seals

  • Acknowledgment and Jurat Examples - New for 2020
    • Acknowledgment and Jurat Examples -- Effective with Jan 1, 2020 law change

    Many people incorrectly assume that a notarial act is the signing and stamping of a piece of paper. This is not the notarial act. The notarial act consists of identifying the signer(s) taking an oath or acknowledgment and documenting that fact within a notarial certificate. As of Jan 1, 2020 the FL notary law changed and added online notarizations; resulting in the modification of the previous notarial certificates

    Note: If you are notarizing signatures via online notarization you'd better be registered with the FL Department of State as an online notary public. You can NOT just use Skype, there are third party facilitators you must engage and keep the audio/video of the notarization for 10 years! (It appears to have been implemented predominately to expedite real estate transactions.)

    You'll find many "ready-to-use" Florida notarial certificates under the Resources tab. The two general types are the acknowledgment and jurat, as shown below:


    Acknowledgment Example - Individual Capacity


    In the Acknowledgment Example, you are acknowledging that the signature is yours and that the document was signed of your own free will. Documents typically requiring an acknowledgment include deeds, mortgages, contracts, and powers of attorney (except those pertaining to motor vehicle titles). An acknowledgment is typically used if you need to have your signature "verified" to be from the person named in the document or you are agreeing to some conditions or actions that you have done or will be required to do.

    NOTE: A notary can not use an acknowledgment certificate (take an acknowledgment) in lieu of an oath (sworn statement) if an oath is required. [FS §117.03]


    Jurat Example - Individual Capacity


    Notice that in the Jurat Example you are being asked to swear (or affirm) that the information contained in the document is true. These are used if you are making a statement of fact or attesting to the truthfulness of the documents' contents. A Jurat might be on a document which is asking for information regarding your recollection of an automobile accident or asking for a statement of your assets, net worth, etc. to ascertain qualifications for benefits, but not always.

    For jurats, the signer signs in the presence of the notary. If the document comes to the notary already signed by the signer, the notary will ask for the signer to resign the document in their presence.

    Click here for a downloadable reference sheet.

  • Attested and Electronic Copies - New for 2020
    • Attested and Electronic Copy Examples -- Effective with Jan 1, 2020 law change

    Attested Copy Example


    An attested copy is one which is presented to the notary and with which the notary makes a copy and attests to the fact that they made the copy and that a copy could be made by the notary. Documents that can NOT be copied by a notary include:

    • Clerk of Court document
    • Birth, Death, Marriage certificates from the Vital Records Office
    • Certificate of citizenship or naturalization
    • Document filed in a court proceeding
    • Record maintained in a government office
    • Income tax forms already filed
    • Professional licenses issued by the state of FL
    • Transcript from a PUBLIC university

    Tangible or Electronic Copy Example

    This notarial certificate is used when making a copy of a tangible or electronic record and attest to the trueness of the copy or of the printout, provided the document is neither a vital record in this state, another state, a territory of the United States, or another country, nor a public record, if a copy can be made by the custodian of the public record.. Some FL educational certificates are available for download from the organization providing the certificate. These can be printed out right from their download along with this notarial certificate.


    This notarial certificate has been added to the FL statute effective Jan 1, 2020.

  • Using ID and Driver License Numbers
    • Do NOT put the ID Number in Notarial Certificates


    The FL statutes specifies the types of identification notaries can use to validate a signers identity. The statutorial notarial certificate must contain wording which indicates the TYPE of ID used in identifying the signer. [FL §117.05(5)]

    Let's say that a signer is using their FL state issued Driver License for identification. Some notaries will fill out the notarial certificate and write in "Driver License" as the type of ID presented; others will write in "Driver License R555-555-55-555-0", with the Driver License Number; and still others will write in "R555-555-55-555-0", just the Driver License Number. The FL statutes say nothing about including the number on the document used for identification (eg Driver License Number), but only the TYPE of ID (eg "Driver License", "Passport", "State ID Card", etc.). Putting this additional information within the notarial certificate is not only NOT required by state statute, but could expose the signer to identity theft as their Driver License Number is now visible for anyone who reads the document.


    If your notary writes your license or ID number within the notarial certificate tell them to STOP!

  • General FL Affidavits, Acknowledgments, Jurats and Forms
    • FL Affidavits, Acknowledgments, Jurats and Forms Resource

    For a supply of general FL Affidavits, Acknowledgements and Jurats that can be filled out by the signer and presented for notarization, go to our Resources Tab. There you'll find a vast supply of examples to put on your own documents for notarization, or use the blank forms to fill in your own information.

    On the Resources Tab you will also find certificates with the statutory wording for attested photocopies as well as an affidavit for Attorney in Fact, now requested by many third parties before accepting a Power of Attorney. Also included on this page is a PDF fillable form to complete when requesting an Apostille from Florida's Department of State for documents with notarized signatures for foreign countries.

  • No Preprinted Notarial Certificate on Document
    • No Preprinted Notarial Certificate on Document

    Quite a few people have been bringing documents to us who have been asked to go "get the document notarized", "get a regular notarization", or "have a notary sign the document".

    In Florida there are two options:

    1. the document must have a notarial certificate preprinted on the document which identifies the type of notarial act to be preformed, or,
    2. the signer must specify which notarial act the document requires. Once the type of notarial act is identified, the notary can then add the appropriate notarial wording to the document and notarize signature(s).

    There are two types of notarial certificates, jurats and acknowledgments. If the document you need notarized does not have a notarial certificate preprinted on it, you can decide or the entity whose form it is can tell you. A notary in the state of Florida CAN NOT make that determination for you.

    If a Florida notary puts a notarial certificate on the document without being informed as to which one applies, they are acting in the capacity of an attorney, which they are not authorized to do. [FL Statute §117.01(4)(f)]

  • No Room for Notarial Certificate
    • No Room for Notarial Certificate

    At times someone will be asked to fill out a form and have their signature notarized, but there isn't a preprinted notarial certicate, let alone room to put one on the document (there is printing on both sides). This situation is very rare. Notarial certificates can be put on the reverse side of a document printed single-sided. In this case it is preferred to put the notarial certificate on the blank, reverse-side vs using a loose certificate. Florida, as in most states, do allow notaries public to attach a "loose certificate" to the document but it is not recommended. The type of certificate would be directed by the signer and the certificate should include information pertaining to the document it's attached to as well as the signer to which the notarization applies. (See our Resources tab for Loose Certificates if you must use them).

  • Notary Commission Expiration Dates and Validity of Documents
    • Validity of Documents

    People often question the validity of notarized documents after the expiration date of the notary's commission.

    The expiration date is used to validate that at the time of the notarization, the notary was authorized to act in their capacity based on an active commission. Once the document or signature has been attested to or notarized, that status never changes.

    For instance when a notary whose commission expires on July 6, 1999 notarizes signatures on a mortgage dated November 11, 1997, that mortgage is still a notarized mortgage in the year 2008. The notarial status of the document does not change just because the notary's commission expired after the notarial act was completed.

  • Notary Seals/Stamps and Embossers in Florida
    • Official FL Notary Seals

    For many years, Florida notaries used the embosser (raised-surface) seal to notarize signatures on paper documents. Florida passed a law that went into effect on January 1, 1992 stating that new notary commissions, and those which renew after this date, are REQUIRED TO USE A BLACK-INKED RUBBER STAMP as their lawful notary seal. Some websites are advertising embossers as notary seals for use in Florida but they can NOT be used in the place of the required black-inked rubber stamp seal.

    The rubber-stamp seal must contain at least four elements: 1) the words, “Notary Public-State of Florida”, 2) the notary's exact commissioned name, 3) the notary's commission number, and, 4) the notary's commission expiration date. Inclusion of the name of the notary's bonding company is optional. For a lawful notarization, this rubber-stamp seal with these elements must be imprinted on the paper document. [FS §117.05(3)(a)]

    The notary may use an impression seal (embosser) in addition to the rubber-stamp seal, but NOT in place of it. If using the embosser in addition to the rubber-stamp seal, the notary's name, as commissioned, should be correct on the embosser and the words, "Notary Public-State of Florida" should be contained in the impression. The commission number and expiration date are not required in the embossing since this information is already contained in the lawful rubber stamp seal.

    The use of an embosser comes in handy when the notary is creating attested photocopies for presentation overseas. Quite a few foreign entities either require an embossing or are looking for a raised-surface seal. All notarized documents produced by Document Authentication and Notary Services, destined to a foreign country, will have the embosser applied, in addition to the lawful black-inked rubber stamp seal, for presentation outside the United States.

  • Signers with Disabilities - New for 2020
    • Acknowledgment and Jurats for Signers with Disabilities -- Effective with Jan 1, 2020 law change

    Notaries are expected to make reasonable accommodations for those signers with disabilities and that includes the blind and people who can not sign their own name due to a medical or physical condition (stroke, paralysis, etc). These acknowledgment and jurat notarial certificates are made available for just these reasons.

    Note: If you are notarizing signatures via online notarization you'd better be registered with the FL Department of State as an online notary public. You can NOT just use Skype, there are third party facilitators you must engage and keep the audio/video of the notarization for 10 years! (It appears to have been implemented predominately to expedite real estate transactions.)

    You'll find many "ready-to-use" Florida notarial certificates under the Resources tab.


    1A. Acknowledgment for Person Signing with a Mark


    In this Acknowledgment example, the notary will print the signers first name and last name on the first line at the top right and ask the signer if they are signing the document of their own free will. If the notary gets an affirmative response, the notary asks the signer to make their mark below their printed name. The notary will fill out this notarial certificate and document the names of the two disinterested persons acting as witnesses. The notary will document the type of ID used to identify the person signing with their mark.


    1B. Jurat for Person Signing with a Mark


    In this Jurat example, the notary will print the signers first name and last name on the first line at the top right. The notary will then give the oath to the signer asking them something similar to, "Do you swear, or affirm, under penalty of perjury, that the information contained in this document is true and correct to the best of your knowledge (so help you God)?" If the signer answers in the affirmative, the notary should ask the signer to make their mark under their printed name and fill out the notarial certificate. Note that this certificate, like the acknowledgment above, must be executed in the presence of two disinteresed persons acting as witnesses. Document the names of these witnesses in the notarial certificate and indicate the type of identification used to identify the signer. The notary signs their commission name, prints their name under their signature and applies their notary seal.



    If the signer can not sign their own name due to a physical limitation, the notary can sign on behalf of the person with the disability using the following two notarial certificates.

    NOTE: If using the following notarial certificates, the notary must maintain the proof of direction and authorization to sign on behalf of the person with a disability for 10 (ten) years from the date of the notarial act! [FS 117.05(14)(d)3]


    2A. Acknowledgment for Notary Signing on Behalf of Signer


    In this Acknowledgment example, the notary will ask the signer if they are directing the notary to sign on their behalf of their own free will. If the notary gets an affirative response, the notary will sign the name of the person making the acknowledgment at the top right above the disclaimer and then fill out the notarial certificate in front of two disinterested persons as witnesses, documenting the names of the witnesses. The notary will document the type of ID used to identify the person making the acknowledgment. The notary will sign their name, print their commission name under their signature and apply their notarial seal. A record of this act must be kept for 10 years according to FL statute.


    2B. Jurat for Notary Signing on Behalf of Signer


    In this Jurat example, the notary will give the oath to the signer asking them something similar to, "Do you swear, or affirm, under penalty of perjury, that the information contained in this document is true and correct to the best of your knowledge (so help you God)?" If the notary gets a postive response, the notary will sign the name of the person making the statement at the top right above the disclaimer and then fill out the notarial certificate in front of two disinterested persons as witnesses, documenting the names of the witnesses. The notary will document the type of ID used to identify the person making the statement. The notary will sign their name, print their commission name under their signature and apply their notarial seal. A record of this act must be kept for 10 years according to FL statute.

  • Signing in a Representative Capacity - New for 2020
    • Signing as a Representative -- Effective with Jan 1, 2020 law change

    Accommodation is made when a person is signing a document but they are signing on behalf of another. When someone is signing a document on behalf of a partnership, coporation, member of an LLC, a principal (attorney in fact) or public representative, the state has provided notarial certificates to specify that the individual is signing in their role as a representative of that entity. The following examples are from the Florida Statutes and should be used instead of those signing in a individual capacity:

    You'll find many "ready-to-use" Florida notarial certificates under the Resources tab. There are specific ones for people signing in different capacities based on their role within an organization or as they represent individuals.


    1A. Acknowledgment in Representative Capacity


    In the Acknowledgment example, you are acknowledging that the signature is yours and that the document was signed of your own free will. You are signing as a representative on behalf of another.


    1B. Jurat in Representative Capacity


    The jurat is used if you are affirming the information contained in a document on behalf of another. Your name, your role and the party on behalf of whom the instrument was executed, are elements of the notarial certificate.

    For jurats, the signer signs in the presence of the notary. If the document is already signed before presenting it to the notary, the notary should ask you to sign again (above your previous signature) since the notary is signing an affidavit documenting the fact that you signed (subscribed) the document in their presence.


    2A. Acknowledgment as Partner in Partnership


    The acknowledgment is used when a partner of a partnership is signing on behalf of the partnership and is acknowledging that they are signing the document of their own free will. The required elements are the date, printed name of the partner, the name of the partnership and the type of ID presented to the notary to identify the signer.


    2B. Jurat as Partner in Partnership


    The jurat is used if the partner of a partnership is attesting to the facts, as presented in the document, as being true and correct to the best of their knowledge. The required elements are the date, printed name of the partner, the name of the partnership and the type of ID presented to the notary to identify the signer.


    3A. Acknowledgment as Officer in a Corporation


    The acknowledgment is used when an officer of a corporation is signing on behalf of the corporation and is acknowledging that they are signing the document of their own free will. The required elements are the date, printed name of the officer, the title of the officer, the name of the corporation, the state or place of incorporation and the type of ID presented to the notary to identify the signer.


    3B. Jurat as Officer in a Corporation


    The jurat is used if the officer of a corporation is attesting to the facts, as presented in the document, as being true and correct to the best of their knowledge. The required elements are the date, printed name of the officer, the title of the officer, the name of the corporation, the state or place of incorporation and the type of ID presented to the notary to identify the signer.


    4A. Acknowledgment as Manager of an LLC


    The acknowledgment is used when a manager of a limited liability company (LLC) is signing on behalf of the LLC and is acknowledging that they are signing the document of their own free will. The required elements are the date, printed name of the manager, the title of the member, the name of the limited liability company, the state or place of formation and the type of ID presented to the notary to identify the signer.


    4B. Jurat as Manager of an LLC


    The jurat is used if the when a manager of a limited liability company (LLC) is attesting to the facts, as presented in the document, as being true and correct to the best of their knowledge. The required elements are the date, printed name of the manager, the title of the member, the name of the limited liability company, the state or place of formation and the type of ID presented to the notary to identify the signer.


    5A. Acknowledgment as Attorney in Fact (POA)


    The acknowledgment is used when an attorney in fact (POA) is signing on behalf of the principal and is acknowledging that they are signing the document of their own free will. The required elements are the date, printed name of the attorney in fact, the type of ID presented by the attorney in fact and the printed name of the principal on whose behalf they are signing

Notaries Public

  • Definition and Authority of a FLORIDA Notary Public - NOTARY MISFEASANCE
    • Definition and Authority of a FLORIDA Notary Public

    A notary public is a public state officer commissioned by the appointed authority in the state of residence. Florida notaries are commissioned (not licensed or certified) by the Governor and run four (4) year terms and must hold a $7,500 bond. Bonds protect the signer and not the notary. Florida notaries have authority to notarize signatures and perform other statutory notarial acts anywhere within the state--they are NOT restricted by county. Florida notaries are authorized to perform these six functions by state law:

    • Administer oaths and affirmations
    • Take acknowledgments
    • Attest to photocopies of certain documents
    • Solemnize marriage
    • Verify vehicle identification numbers (VINs) and mileage
    • Certify the contents of a safe-deposit box

    Notaries notarize signatures and some documents (VIN, Marriage License, Safe-Deposit Boxes) and are required to do the following:

    • Examine the document for completeness
    • Check the notarial certificate, if there is one preprinted
    • Identify the document signer
    • Confirm the signers' capacity to understand the document
    • Administer the Oath/Affirmation or take the Acknowledgment
    • Complete the Notarial Certificate

    Beware of Invalid Notarizations - Notary Misfeasance

    Not all notaries are the same. Make sure the notary you select is knowledgeable of Florida notary law. Common complaints to the Governor's Office are incomplete notarial certificates and signers not personally appearing before the notary. Many notaries public are guilty of misfeasance simply because they do not bother reading and applying the FL statues which govern the duties and responsibilities of their office which they have sworn (on their notary application) to uphold. Most people do not know if their notarizations aren't valid or not since they aren't aware of notary law and simply assume that the notarization if lawful. If the notarization is never challenged during a court proceeding or scrutinized by the FL Department of State when applying for a notary authentication certificate, it will never be known. It is typically too late once the document is actually needed in a legal capacity to get it corrected.

    Remember that the physical location where a notary notarizes signatures has no relevance to the validity of the notarization. Just because the notary is located in a bank, lawyer office or government office does NOT guarantee a statutory notarization. The knowledge of the notary themself is the determining factor as to whether you will be getting a statutory notarization or not, not the building in which they do business!

    A lot of invalid notarizations go undetected because the notarized documents sit in file cabinets in business offices. All that needs to happen is for that document to become evidence in a court of law, identified as invalid and all actions for which that notarized document was dependent upon could be determined to be null and void. Think about the consequences if that document was a Power of Attorney and financial transactions like an estate settlement were dependent on the signatures on that document being notarized pursuant to statute!

  • Mobile Notary
    • Definition of a Mobile Notary

    A mobile notary is one who travels around the local area, providing notarial services. Instead of you having to run around town looking for an available notary, we come to your home, place of business or agreed upon meeting place.

    Hospitals, nursing homes and assisted living facilities can certainly benefit since the clientele they serve tends to be less mobile.

    Just call and make an appointment. We'll put you on that day's schedule if we are not already booked. Travel fees will be added to any notarial fees collected. See the fee table.

  • Notarizing Signatures on Out-of-State Documents
    • Signatures Notarized on Out-of-State Documents

    Frequently people sell their home in their home state and move to Florida. Let's say you have moved to Florida or are temporarily in Florida to look at real estate. With a buyer for your home in Montana, you can have your real estate documents sent to you in Florida, have your signature notarized on them by a Florida notary and have them sent back to Montana to be recorded.

    Another frequent situation is that of an adult child who lives out of state (e.g, Maryland) and your elderly parent lives in an adult living facility here in Florida. You need to do a number of transactions on your parent's behalf. You can have a Power of Attorney (POA) drawn up by an attorney in Maryland, send it to your parents in Florida, and have your parent's signatures notarized by a Florida notary along with two subscribing witnesses. The POA would be returned to you in Maryland for you to act upon.

  • Notaries As Witnesses
    • Notaries as Witnesses

    Since a notary can not notarize their own signature, if the document does not require the signatures of the witness(es) to be notarized, the notary can be one of the witnesses. Typically, witness signatures aren't notarized on mortgage documents, so notaries can, and often do, act as one of the two witnesses.

    Some documents require that the signature(s) of the witness(es) be notarized (eg self-proving affidavits). Since notaries can not notarize their own signatures, or those of their close family members, witnesses other than the notary or their family will have to be located. [FL Statute §117.05(1)]

  • Remote Online Notary - New for 2020
    • Commissioning as an Online Notary

    Senate Bill 409 became law (FS Part II of Chapter 117) on January 1, 2020 and allows FL notaries to perform notarizations online. Requirements of an online notary in FL are:

    • Be a commissioned notary under Part 1, Chapter 117, Florida Statutes (or a FL Civil Law Notary or a FL Commissioner of Deeds),
    • Submit a copy of your existing FL notary commission (or appointment as a FL Civil Law Notary or FL Commissioner of Deeds),
    • Submit proof of successful completion of an approved remote online notary course,
    • Pay the required registration fee of $10.00 by check to the Department of State,
    • Submit a registration form signed and sworn to by you. (Form No. DOC 1N7 obtainable from the Department of State website). The form must be submitted by US mail to the address at the top of the form. The form can also be submitted in person or by courier to 2415 North Monroe Street, Suite 810, Tallahassee FL 32303,
    • Identify the RON Service Provider you intend to use for online notarizations. For RON services through this provider, there typically are monthly fees as well as other fees, per transaction, for knowledge-based signer identification services. You must certify that the RON Service Provider has technology and processes that satisfy FL law. This certification can be obtained from the selected RON Service Provider,
    • Provide proof of a $25,000 bond. This higher bond amount will also satisfy the bond requirement under Part 1, Chapter 117, FL Statutes. If you are not currently a commissioned notary public, obtain your bond in this amount to cover you for both Part 1 and Part 2 of FL Statutes 117,
    • Provide proof you are covered by an errors and omissions insurance policy in the minimum amount of $25,000.

    Once your application is process through the Department of State, you will receive confirmation that your online notary commission is approved. Once that has been established, your RON Service Provider will provide you with your electronic notary seal, which will be the same as the commission number that your regular notary commission was issued. Between the RON course you took and the information provided by your RON Service Provider, you should understand the process you have go to through to identify signers, valided knowledged-based ID, witness requirements for "regular" document and estate planning documents, as well as how to use your techology in conjunction with the RON Service Provider's technology to perfom the online notarization(s).

Notarial Acts

  • Assessing Cognitive Capacity of Signers
    • Cognitive Capacity of Signers

    The main reason for getting a notary public involved in a transaction is to validate the identity of the person(s) whose signatures are sought by the person or entity to whom the document will be presented. Secondarily, to make sure the signer(s) are competent to sign, understand what they are about to sign and are signing of their own free will. Thirdly, to identify any required witnesses to the transaction.

    Document Authentication and Notary Services takes this responsibility very seriously and will ALWAYS assess the cognitive capacity and desire of the signer to proceed with the transaction. In rare cases we've had to decline notarizations due to the signer being medicated, too tired or wants more time to think about it, the latter could be an indication that they don't like the circumstances under which they are being asked to sign.

    The state wants to make sure that people are not being coerced into signing if they don't understand the document or are being pressured into signing a document. This is especially sensitive for elderly or disabled people who have been asked to sign a Power of Attorney for any number of reasons--financial transactions, health care decisions, adding a joint owner onto a bank account, adding beneficiaries onto life insurance policies or mutual fund accounts, etc.--and who lack awareness for one reason or another. The notary's interaction with the signer(s) is vital in making sure the signer(s) are acting with full cognitive capacity.

  • Attested Photocopies vs Certified Copies
    • The difference between Attested Photocopies and Certified Copies

    People get the terms "certified" and "attested" confused. Notaries public can make attested copies whereas clerk of courts, state and federal agencies and public academic institutions create certified copies. See the list below to help differentiate which documents can be attested to by a notary public and which ones cannot.

    Attested Photocopies

    If a document:

    1. is NOT a public record, or
    2. is NOT a vital record in Florida, another state, a territory of the U.S., or another country, or
    3. IS a public record, but the custodian can not make copies [F.S. §117.05(12)(a)]

    a FLORIDA notary CAN make attested photocopies of the document. The following are examples of these documents:

    • Florida Driver's Licenses
    • Florida Vehicle Titles
    • Social Security Cards
    • Diploma (School, Standard Award, etc.)
    • Transcripts from PRIVATE academic institutions
    • Medical Records
    • U.S. Passport
    • Bill of Sale
    • Contract
    • Lease Agreement
    • Resident Alien Card issued by the U.S. Department of Justice, Immigration and Naturalization Service
    • Personal Letter

    Our company will emboss all attested photocopies of documents which are to be presented to countries outside the United States. Many foreign countries desire to see an embossing from the originating country.


    Certified Copies

    If a document:

    1. is a vital record, or,
    2. is a public record, AND,
    3. a copy can be made by the custodian of that public record,

    that copy is called a certified ("true") copy. Certified copies are only obtained from the custodian of that record.

    This is a list of documents for which you'd have to go to the custodian of that document to get a certified copy.

    • Birth Certifcate (must obtain "certified copy" from Office of Vital Records)
    • Marriage Certificate (must obtain "certified copy" from Office of Vital Records)
    • Death Certificate (must obtain "certified copy" from Office of Vital Records)
    • Certificate of Citizenship or Naturalization (must obtain "certified copy" from DHS/CIS)
    • Document filed in a court proceeding
    • Document recorded by the Clerk of the Court (mortgages, deeds, etc) (must obtain certified copy from Clerk of Courts)
    • Documents maintained by government offices.
    • Student records--kept in public education offices (must have signature of registrar notarized)
    • Federal or state income tax forms (already filed)
    • Professional licenses issued by the State of Florida
    • Document for which a photocopy is prohibited
  • Deposition Oaths
    • Taking Deposition Oaths

    Deposition oaths are taken of people who are called to testify but, for one reason or another, can't physically appear in court, due to time, money or distance constraints. A foreclosure court in MN, a family court in NJ or a trial court in CA might contact a notary in Florida and ask them to meet with the deponent, or contact the deponent and ask them to locate a notary, so that they can be identified and given the oath prior to the telephone deposition.

    The oath will be similar to the following:

    "Do you swear (or affirm) that the testimony you are about to give in this matter is the truth, the whole truth, and nothing but the truth?"

    Appointments can be made to meet in our office to take the deposition oath. Once scheduled, arrive at least 10 minutes prior to your court scheduled deposition for identification of deponent. Bring an unexpired state driver license, passport, or state issued identification card with you. The hourly deposition rate provides unlimited calls from our office to any court or third party in the continental U.S. and is billed in 15 minute increments or fraction thereof.

    Some attorney's and/or judges require a notarized affidavit be sent to the court. There is a notarial fee to satisfy this requirement, if requested.


    Example: Court tells you to call in at 1:30PM Fees
    Time Activity At Our Office At Your Location
    1:20PM We meet at our office or your home/business. $0.00 $Travel Fee
    Notary checks ID of deponent, makes note in journal, deponent signs journal $10.00 $10.00
    1:28PM Deponent calls court and the clerk informs you that the judge got delayed; call back in 15 mins.
    1:43PM Deponent calls court and they ask you to call back in 10 mins.
    1:46PM Charge for next 15 mins or fraction thereof $12.00 $12.00
    1:53PM Deponent calls court, clerk forwards your call to the court, attorney asks questions of notary and notary swears in deponent. Deposition begins. Notary collects fees and leaves your residence or business. $22 + $Tvl
    2:01PM Charge for next 15 mins or fraction thereof $12.00
    2:07PM Deposition concludes. Invoice provided deponent. $34


  • Marriage Licenses - Solemnizing Marriage
    • Marriage Licenses - Solemnizing Marriage

    Florida is one of the few states (Maine & South Carolina being the others) in which a notary can solemnize marriage between a bride and groom. Completion of the marriage certificate portion of the marriage record is NOT the same act as performing the marriage ceremony, which is required by Florida law.

    When a notary completes the Certificate of Marriage section on a FL marriage license, the notary is certifying that they performed the required ceremony (e.g. "...joined by me in marriage in accordance with the laws of the state of Florida"). So for a notary to "sign and stamp" the marriage license without conducting the required ceremony, would be an unlawful act.

    The ceremony does not have to be elaborate, but there must be an agreement by words of present assent. The words used or the ceremony performed are mere evidence of a present intention and agreement of the parties.

    Document Authentication and Notary Services does not perform wedding ceremonies or sign and notarize marriage licenses. Call us for a referral to a business partner who might be able to assist you in this regard.

  • Notarizing Your Own Signature
    • Notaries can NOT notarize their own signature

    If you are a notary yourself and you're tempted to notarize your own documents (like a lease, power of attorney, Notary Attestation Forms, etc.) DON'T. It's unlawful. [F.S. §117.05(1)] If you do so, you would be committing a felony in the third degree which is punishable up to 5 years in prison and a $5,000 fine. The notary also can not notarize the signature of their spouse, son, daughter, mother, or father. [F.S. §117.107(11)]

    Also be careful of forms provided by title companies to obtain notary information in conjunction with a real estate closing. May times it appears that the title company has a space to imprint a notarial seal on this "information" page. Just applying your seal to this page could be a violation of notary law since they ask you, as a notary, to also sign the form. This could be construed as notarizing your own signature. The seal must be used for an official notarial act with a proper notarial certificate.

    If you are woring with documents that were drafted in foreign countries be aware that the laws are not the same over there as here. There are a lot of notaries in Europe who are also attorneys who can make declarations that a notary in the states can not. Also, some documents from various countries will ask a notary in the U.S. to fill out a "Notarial Affidavit" where the notary is asked to make a declaration or affirmation, sign the form and place their notary seal at the bottom. This would be a direct violation of F.S. §117.05(1). Be careful

  • Notarized Signatures in Florida
    • Proper notarization of a signature in Florida

    The notarial act is not one of signing and stamping documents. Notarial certificates are statements which are preprinted on the document (or put on the document if one does not already exist), describing the notarial act. If a preprinted notarial certificate is not on the document, the signer has two options: a) ask the person who authored the document to identify the correct type of notarial act, or, b) the signer can identify which certificate type they desire after having them described by the notary.

    The required elements of a notarial certificate in FLORIDA are:

    1. the venue (state and county of notarization)
    2. type of notarial act (acknowledgment, jurat, attested copy, etc.)
    3. personal appearance of the signer ("before me")
    4. date of notarization
    5. names of person(s) whose signature is being notarized
    6. type of identification relied upon (ID numbers are NOT required by statute)
    7. notary's signature
    8. notary's printed name under the signature
    9. notary's official seal

    Also, the notary must interact with the signer to a) assess the signers cognitive state, and, b) to administer an oath or acknowledgment. Simply remaining silent and signing and stamping paper is NOT the function of a notary. Notarizations have been deemed invalid in cases where a notary didn't administer an oath or take an acknowledgment, as required.

    As you can see, for documents to be properly notarized in Florida, all these elements must exist. If they don't, the document could be declared invalid in a court of law or rejected when attempting to have your document authenticated by the Department of State for presentation overseas. For a notarization to be valid, it must be COMPLETE. [FL Statute §117.05(13)]

  • Prohibited Acts
    • Prohibited acts of a notary in Florida

    Notaries Public can NOT:

    • charge more than $10 for a single notarial act (excluding marriages). [FS §117.05(2)(a)]
    • use your notarial seal for anything other than notarization of documents per statute [FS § 117.05(3)(a)]. Some companies will request that you place your seal impression on a paper so they can "validate" your commission or to "certify" something. This would not be a lawful use of your notarial seal.
    • charge a fee for notarizing loyalty oaths which are required by law. [FS §116.38(3)]
    • notarize signatures without the signer personal appearing. A violator is guilty of a civil infraction, punishable by penalty not exceeding $5,000. The notary is also guilty of violating FS 117.105, "False or fraudulent acknowledgments". [FS §117.107(9)]
    • simply sign, stamp and date documents, but MUST complete a jurat or notarial certificate with all 9 of the required notarial elements. [FS §117.05(4)]
    • not use a name or initial in signing certificates other than that by which the notary public is commissioned. [FS §117.107(1)]
    • notarize photographs
    • notarize birth certificates as being authentic or originals
    • make certified copies of birth, death or marriage certificates, tax returns, or any other vital or public record (only custodians of those records can made certified copies). [FS §117.05(12)(a)]
    • make attested copies of transcripts from a public university or college. [FS §117.05(12)(a)]
    • notarize their own signatures [FS §117.05(1)] nor the signatures of a spouse, son, daughter, father or mother. [FS §117.107(11)]
    • notarize translated documents--an affidavit of translation can be attested to by the translator, however.
    • notarize a signature on a document where there is a financial interest [of the notary] in the underlying transaction. [FS §117.107(12)]
    • take the acknowledgment of or administer an oath to a person whom the notary public actually knows to have been adjudicated mentally incapacitated by a court. [FS §117.107(4)]
    • provide signature guarantees--see your bank.
    • amend a notarial certificate after the notarization is complete. [FS §117.107(8)]
    • certify the authenticity of objects
    • judge contests or certifying contest results
    • certify a person's residency, employment or citizenship status
    • prepare legal documents or immigration papers--see an attorney. We can notarize signatures on these documents once prepared, however.
    • notarize blank documents; including blank power of attorney forms to facilitate the sale of a motor vehicle. [FS §117.107(10)]
    • take an acknowledgment if an oath is required.
  • Safe-Deposit Boxes
    • Certifying the contents of safe-deposit boxes

    Yes. A notary is authorized and required to be present for the opening of the safe-deposit box. Remember, prior conditions have to be met prior to opening a safe-deposit box. The law authorizing notaries to perform this function became effective on July 3, 1992. [FL Statutes §655.94(1)].

  • Unauthorized Practice of Law (UPL)
    • What Could Constitute the Unauthorized Practice of Law (UPL)

    Many requests are made of notaries without the general public understanding the limited roles notaries play. Unless the notary is a licensed attorney, they can not draw up, modify existing, add to, subtract from, suggest client wording on, or recommend that there be witnesses to a document. All these acts would be considered acting in the capacity of an attorney and therefore engaging in the unlicensed or unauthorized practice of law (UPL). Once a notary is found out "assisting" in this capacity, there are heavy fines and worse.

    Notaries are authorized to identify the signer and fill out a notarial certificate to that fact. The contents of the document is determined by the parties to the document and has nothing to do with the notarial act.

    Documents are drawn up for many purposes, some needing correct legal wording to enable them to be enforceable in a court of law and only a licensed attorney can do that. Typically, documents establish an understanding or agreement between parties and a notary public couldn't possibly know what those conditions are in order to make recommendations to its wording or the wording entered by the respondent.

    Notaries who do contribute their input on documents could be acting in a UPL capacity, setting the parties to the document up for disaster as well as themselves. Questions about the content of a document should always be addressed to the person who gave you the document to act upon or a licensed attorney. [Governor's Reference Manual for FL Notaries, 2001, p13, 14]

    Another example of unauthorized practice of law would be for a non-lawyer notary to take a deposition in Florida. Giving the deposition oath is a notarial act, however. Once the oath is given to the deponent, the attorneys conduct the deposition itself.

Real Estate Documents

  • Affidavit for Squatter Eviction
    • Statute for Squatter Eviction sans Court Order

    There has been a lot of news recently regarding the issue of squatters occupying unoccupied homes (whether it is for sale, awaiting permits for improvements, in the middle of contract negotiations, etc.). Many jurisdictions require the owner to go through the court process to, eventually, reaquire access to their property. Please bring this FL Statute to the attention of your local law enforcement officials and obtain the requisite affidavit to evict unlawful squatters. (NOTE: This is not legal advice, simply a reference to a news article article which brings this issue to the forefront.)

  • Closing in Florida
    • Closing Real Estate Transactions in Florida

    In some states only attorneys are authorized to perform real estate closings. In Florida this is not the case. Any commissioned notary in the state who is familiar with real estate documents can perform the closing for the buyer/seller. Glenn Taylor of Document Authentication and Notary Services was a former FL Mortgage Broker and has done many real estate closings.

  • Documents from Title Company / Lender
    • Loan Documents received from Title Company, Lender or Attorney

    Typically Notary Signing Agents will work directly with the Title Companies, Mortgage Broker Businesses or Attorneys who draw up the loan documents, as we do. They then provide full service to the title company for a fee. Those services could include: printing of original documents (2 sets), reviewing the document set, scheduling a time with the borrower, walking the borrower through the document set, showing the signer where to sign and initial, collecting identification information, notarizing signatures, shipping the doc package back to the title company, etc. This charge might or might not show up on your loan documents, depending on the title company, but it's paid by the borrower nonetheless.

    More recently title companies and lenders are sending the loan documents directly to the borrower and asking the borrower to locate a local notary. The notary would then only notarize signatures on the relevant pages of the document (set typically 2 - 5), leaving the borrower to figure out what to do with the rest of the paperwork and returning the documents themselves. For some simple loan packages, that's not a problem.

    Selecting the right notary for these loan packages is important since an invalid notarization could cause your loan documents to not be recorded with the county clerks office. But that's the trade-off for reduced service and related cost.

    For this service, we charge a per notarial certificate fee for each notarization ($14 to $32 for a typical loan package plus any travel fees). In our capacity as a Signing Agent and previously licensed FL Mortgage Broker, we're familiar with correct notarization of these documents.

    Typical Modified Loan and/or Settlement Agreement documentation packages are very minimal and only require one or two notarizations--the agreement being one and an additional affidavit, another. This will be dependent on the requirements of the lender servicing your loan or the title company's requirements.

    If your loan package requires letter and legal paper sizes, we can print the document set out in our office for a nominal fee.

  • Electronic Recordation
    • Availability of Electronic Recordation of Real Estate Documents in Brevard County, FLORIDA

    Even though the FL statutes went into effect on January 1, 2008 that allow electronic notarization of documents, the system to receive loan documents for electronic recording in Brevard county does not currently exist. When inquired about timeframes, the county clerk said, "There haven't been any set."

  • Mortgages, Deeds and Notes
    • Mortgages, Deeds and Notes

    A mortgage is a pledge of real property given as security for the payment of a debt. A deed is a written document that transfers an ownership interest in real property from a seller (grantor) to a buyer (grantee). A note is a written promise to pay a sum of money at a stated interest rate during a specified term—legal evidence of a debt—sometimes referred to as a "mortgage note".

    Notarization and Witnesses: The notarial certificate on a FL mortgage is an acknowledgment and the borrower's signature is witnessed by two subscribing witnesses. Florida mortgages don't require witnesses because they don't convey property in Florida as deeds do, BUT title companies and/or lenders typically go beyond the state requirements and insist on two witnesses to the borrower's notarized signature.

    An acknowledgment is taken from the grantor of a deed and deeds need to be witnessed by 2 subscribing witnesses (F.S. §689.01). Typically the borrower's signature is not notarized on notes. Mortgages and deeds are recorded with the county clerk's office in which the real property is located pursuant to F.S. §696.01. Both mortgages and deeds, or any document concerning real property to be recorded in Florida, must conform to the recording statute in this state. (F.S. §695.03)

    Since the notary can act in the capacity of a witness on these documents requiring witnesses, you will need to find one other witness with proper identification. Since the witness will be witnessing the execution of these documents, they would have to physically appear during the signing, naturally!

  • Printing Requirements
    • Printing of Loan Documents

    Title companies and lenders typically send PDF documents if they are sent to the borrower electronically. The PDF file typically has flags built in which switches a dual-drawer printer between letter size paper and legal size paper. Of course, your printer has to have this capability to be able to print the documents on the correct paper sizes.

    If your printer is set up for letter size only, you could get legal sized documents printed in sections between two letter pages and then the whole documentation set will be skewed—notarizations won't exist on the page they are supposed to be on, etc. In short—a mess.

    We can help you with that. Our company contracts with title companies and has a dual-draw laser printer expressly for this purpose. We charge a nominal fee for printing the loan document set on correct paper sizes as dictated by the PDF file encoding

  • Recording Requirements
    • Recording requirements directly related to notarization

    The name of any notary public or other officer authorized to take acknowledgments or proofs whose signature appears upon the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such notary public or other officer authorized to take acknowledgment or proofs. [FL §695.26(1)(d)] This is not the only recording requirement, but the only one that is directly related to the notarization of documents affecting the conveyance of real property in this state.

    Signing witnesses are also required to legibly print, type or stamp their names immediately beneath their signatures. [FL §695.26(1)(c)]

Signer Requirements

  • Oaths
    • Were you given an oath or attestation?

    Depending on the notarial act that's being performed, you MUST be administered the proper oath or have an acknowledgment taken. [F.S. §117.05(4)(b), 92.50(1)] You should be asked one of two questions similar to these:

    • "Do you acknowledge that this is your signature and that you are executing this document of your own free will?", or,
    • "Do you swear (or affirm), under penalty of perjury, that the information contained in this document is true and correct to the best of your knowledge (so help you God)?"

    IMPORTANT! If you have gotten your signature notarized previously and one of these questions were not asked of you, your document could be invalidated in a court of law. [Amerisial of North East Florida, Inc. v. Leiffer (673 So. 2d 68 [Fla. 5th D.C.A. 1996])]

  • Proper Identification
    • Proper Identification for the Signer

    Acceptable identification for notarizations in FLORIDA: [FL Statutes §117.05(5)(b)]

    Driver's Licenses

    1. Issued by the FL Department of Highway Safety and Motor Vehicles
    2. Issued by a territory of the United States, another state, Canada or Mexico

    Passports

    1. Issued by the U.S. Department of State
    2. Issued by a foreign government, if stamped by the U.S. Department of Justice, Immigration and Naturalization Service

    Identification Cards

    1. Issued by the FL Department of Highway Safety and Motor Vehicles
    2. Issued by a territory of the United States or a state other than Florida
    3. Issued by any branch of the U.S. armed forces
    4. Issued by the US Department of Veterans Affairs - Health Card (eff 7/1/2017)
    5. Issued by the U.S. Department of Justice, Immigration and Naturalization Service, "Resident Alien", Form I-551, after 1978

    Inmate Cards

    1. Issued on or after 1/1/1991 by the FL Department of Corrections for an inmate who is currently in custody of the Department
    2. Issued by the U.S. DOJ, Bureau of Prisons, for an inmate who is in the custody of the department
    3. 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 (see the Resources tab for this affidavit)
  • Raising of the Right Hand
    • Do I have to raise my right hand?

    No you don't have to but we will ask you to if your document requires a jurat or you ask us to put a jurat on your document. We do not ask you to raise your right hand if we are taking an acknowledgement--asking you to verify that your signature is the one on the document and that you are signing of your own free will.

    If, however, you ask us to notarize your signature with a jurat, we will ask you to raise your right hand and swear (or affirm) under penalty of perjury that the information contained in the document is true and correct to the best of your knowledge. [FL Statute §117.03] In order for you to affirm the information, the document has to be filled out, with no blank spaces, prior to the oath being given and signature notarized. Obviously you can't attest to the truthfulness of the information on a document if there isn't any information to attest to! You must sign the document in the presence of the notary. If you present a document to us with a jurat and the signer has already signed the document, you will be required to resign in front of the notary per Florida statute.

    This is no different than a clerk of the court asking you to raise your right hand prior to administering an oath before seating you on the witness stand. Technically, there are no statutes that require the raising of the right hand when giving an oath, but the act does impress upon people the seriousness of the oath being given.

  • Signers with Disabilities
    • Signers with Disabilities

    Florida makes accommodations for all persons who are physically limited or incapable of signing their name for the purposes of having their signature notarized. Those accommodations include people who are blind, do not speak English, are deaf, are illiterate and those who are physically unable to sign their name.

    The following are special circumstances in which the notary can assist the signer who is unable to sign their name or who are challenged with the English language:

    Blind Signers

    • The document is read to the signer by the notary before notarization
    • The notary will make note that the document was read to the signer in the notarial certificate and journal

    Non-English Speakers

    • An oral translation of the document is required by one literate in English and the native language of the signer
    • Certification of translation and translator identity is documented by the notary in the journal, along with the signature of the translator

    Deaf Signers

    • The notary will communicate with the signer via notes
    • The notary will make note regarding how the acknowledgment or oath was taken and document in the notarial journal

    Illiterate Signers

    • The document is read to the signer by the notary
    • Signer can sign by way of a mark provided two uninterested witnesses are present and their signatures, printed names and addresses are recorded on the statutory notarial certificate provided by the notary and documented in the notarial journal
    • Notation is made in the notarial journal that the signer had the document read to them

    Physically Disabled

    • If physically able, the signer may sign by a mark in front of two uninterested witnesses using a statutory notarial certificate provided by the notary
    • If the signer is physically unable to sign, the notary can sign the signers name at the signers' direction, in front of two uninterested witnesses on a statutory notarial certificate provided by the notary
    • In either case, the two uninterested witnesses will sign their names and include their printed names and addresses on the notarial certificate provided
    • The notary will make note of the circumstances and record such in the notarial journal
  • Signers without Identification
    • What if the Signer/Principal does not have statutory identification?

    People who no longer drive will let their state issued driver license expire. Some people residing in nursing homes don't have identification and rely on the staff to vouch for them. When it comes time for their relatives to get legal papers signed and notarized however, identification is required by Florida statute.

    So what to do? The signer could (and should) have a valid, unexpired state issued Identification Card issued to them when they no longer drive. A less frequently used alternative is to have a Credible Witness Affidavit executed in lieu of the ID. The stiplulation of a Credible Witness Affidavit is that the two witnesses will be attesting to the fact that the person who is having their signature notarized does not possess the required identification AND THAT IT WOULD BE DIFFICULT OR IMPOSSIBLE FOR THE PERSON TO OBTAIN SUCH IDENTIFICATION. Just about everyone can get a state issued Identification Card from the Florida Department of Highway Safety and Motor Vehicles. So using these Credible Witness Affidavits are very rare. Here are the requirements:

    Credible Witness Alternatives:

    1. Sworn written statement of a credible witness who is personally known to the notary and who personally knows the signer
    2. Sworn written statement of two credible whitnesses whose identities are proven to the notary and who personally know the signer, and,
      • The person whose signature is to be notarized is the person named in the document
      • The person whose signature is to be notarized is personally known to the witnesses
      • 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 form of identification
      • The person whose signature is to be notarized does not possess any of the identification documents specified herein, and,
      • The witnesses do not have a financial interest in nor are parties to the underlying transaction
  • Thumbprints and Fingerprints
    • Thumbprints and Fingerprints in Florida

    Florida law does not require, nor authorize, notaries to take thumbprints from persons whose signatures they notarize. Recording a thumbprint is at the discretion of the signer.

    Exception: Persons enrolling in a program to acquire digital credentials for their employ, are required by the service provider to imprint their right thumbprint in the notarial journal. This is problematic since FL does not require that notaries public keep journals.

  • Two or More Signers Signing at Different Locations
    • Two or More Signers Signing at Different Locations

    Sometimes a document has to be signed by two or more individuals, each having their signatures notarized. If the individuals are located at the same place and can present themselves before the notary at the same time, no problem.

    But what if the signers are physically located across town, across the state or across the country? No problem again. Each signer would present themselves before a local notary at their respective locations and have their individual signatures notarized. Obviously, the document would have to be passed between the two signers. The notarial certificate used would depend on the statutory language/elements required of the state in which the notarization took place.

    We've had to get realty paperwork notarized by up to 6 individuals (a partnership) who were located throughout the county. Each one has to sign in the presence of the notary and a notarial certificate was provided for each signer. There were three pages of notarial certificates! Multiple notarial certificates make a complicated process easy since each notarization could be done on a different day and each signer could use a different form of identification pursuant to Florida statute.

  • Two or More Signers Signing at the Same Time
    • Two or More Signers Signing at the Same Time

    At times two or more signers are required to sign a document at the same time. Mortgage documents are a good example. Look at the notarial certificate near the end of the document to see if the document author requires both signers to have their signatures notarized. It should be evident by the wording used in the preprinted notarial certificate (eg "...by (first person) who produced ________ as identification and (second person) who produced ________ as identification...") See the Resources Tab for certificates identifed as "2 Signers" for examples of wording.

    Sometimes documents will have multiple preprinted certificates near the last page, one for each of the signers separately. This helps if the two signers are going to have their signatures notarized on different days/time or at different locations.

Witness Requirements

  • General Witness Recommendation
    • General Witness Recommendation

    My first recommendation is to talk to the company, attorney or custodian who provided you the document to have witnessed regarding their witness requirements. If it's a mortgage, talk to your lender or title company who is asking you to get the documents notarized and witnessed. If it's a will, talk to your attorney or paralegal to find out what their requirements are regarding witnesses.

    Generally speaking, witnesses could be anyone EXCLUDING your: spouse, father, mother, son or daughter or anyone who has an interest in any way with the transaction, including beneficiaries. It goes without saying that the witnesses need to be present at the notarization to witness the signature.

  • Notaries as Witnesses
    • Notaries as Witnesses

    Since notaries can not notarize their own signatures, any document on which the witnesses signatures must be notarized (eg self-proving affidavits) precludes the notary from performing in this capacity. Since the notary can not notarize the signatures of their spouse, father, mother, son or daughter, [FS §117.107(11)] it precludes these relatives from standing in as witnesses as well. This is problematic on self-proved wills, where by statute, witness must take an oath in the presence of the testator and have their signatures notarized. [FS §732.503(1)] The solution is to identify friends, neighbors or coworkers to help as witnesses.

    For those situations where the witness signatures are not required to be notarized (like mortgages), the notary can, and often does, assist in this role. When this is the case, one would need to identify another impartial witness if two witnesses are required. The witnesses should print their name under their signature. The notary should request a copy of their identification to identify the witness.

    There will be some documents which require witness signatures which are not notarized, but for which the drafter of the document (eg attorney) explicitly states they do not want the notary to act in this capacity if they will also be notarizing the signature of the principal. They are the best people to determine this since they usually have knowledge regarding local statutes or might be aware of judicial situations which preclude the notary acting both as a witness and the notary on a document. It's always up to the custodian of the document or the person who drafted the document to decide who they want as witnesses, or who might be excluded from performing in this capacity.

  • Witnesses for FL Mortgages
    • Witnesses for FL Mortgages

    If your documents arrived in the mail and there aren't instructions from your title company, lender, attorney or mortgage broker, call them regarding the witnesses you're allowed to use.

    Generally speaking, Florida mortgages don't require witnesses BUT even though there isn't a state requirement, there could be a county recording or title company requirement. The state requires witnesses on documents that convey real property (deeds), but title companies and county recording requirements are generally more strict.

    So, you'll find that those two subscribing witnesses required of deeds, will also be required of mortgages by title companies or your county recorder. This being the case, these witnesses aren't required to have their signatures notarized so the notary can be one of the witnesses. We typically perform that role unless the title company explicitly states in their instructions that they don't want the notary to act in this capacity. We've seen this situation only once. Witnesses must print their name immediately below their signature to have the document recordable. [FS §695.26(1)(c)]

    If we are going to act as a witness for you, you'll need to find another person for the second witness signature. If we are notarizing your mortgage document at our office, we will usually have another who can act as a witness for you.

  • Witnesses for Living Wills
    • Witnesses for Living Wills

    A living will must have two subscribing witnesses present at the signing of the living will by the principal--the person whose living will it is. [FS §765.303(1)] This document is not required to be notarized. A sample statutory living will is available under the Resources tab in the Forms and Templates section.

  • Witnesses for Power of Attorney
    • Witnesses for Power of Attorney

    A power of attorney must be signed by the principal and by two subscribing witnesses and be acknowledged by the principle before a notary public or as otherwise provided in s. 695.03. [FS §709.2105(2)] The notary can act as one of the witnesses.

    Check out the Florida Power of Attorney Pamphlet provided by The Florida Bar.

  • Witnesses for Last Will and Testament
    • Witnesses for Last Will and Testament

    Get in touch with the person who drafted your will to find out about witness requirements. Typically, for a STATUTORY WILL, there is one testator and two subscribing witnesses whose signatures are not notarized. The notary can be one of the witnesses but ask the attorney who drafted the document, they might desire it to be someone other than the notary.

    If your attorney has provided you with a SELF-PROVING WILL, the signatures of the testator and the two subscribing witnesses are notarized. Typically, the testator's signature is notarized with an acknowledgement and the witnesses signatures are notarized using a jurat with the witnesses and testator taking an oath in each others' presence. [FL Statute §732.503]

    For a self-proving will, the notary can not act as one of the witnesses (and neither can the notary's spouse, son, daughter, mother or father). It is best to find two people unrelated to the testator to act as witnesses. Identification will be required of all parties and they will be entered in the notarial journal.

    Oaths MUST be administered to the testator and witnesses--get a competent notary. Call (321) 591-9658

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  • Witnesses Needed in Hospitals or Nursing Homes/Assisted Living Facilities
    • Witnesses in Hospitals or Nursing Homes/Assisted Living

    Many people attempt to get wills and Powers of Attorney (POA) notarized in hospitals, nursing homes and adult living facilities. Unfortunately, my experience over the years is that the administrators of these facilities have given instructions to their staff to not be involved with any legal documents associated with their patients. It could be a perceived conflict of interest since these practitioners give aid and welfare to patients.

    Whatever the reason, you will be hard pressed to find someone on staff to act in the capacity of a witness. It is in your best interest to locate your witnesses ahead of time before calling a notary to come out. It avoids the panic in finding someone willing or able to help in that capacity. It will save you and the notary a lot of aggravation--believe me!