Question 1

What are a Florida notary public’s duties?

Accepted Answer

Duties: perform notarial acts (acknowledgments, jurats, oaths/affirmations, copy certifications), verify the signer’s identity (using acceptable identification documents or personal knowledge), ensure the signer’s willingness (the signer is acting voluntarily and is mentally competent), maintain a notary journal (recording all notarial acts), maintain confidentiality (the notary must keep notary records secure and not disclose information from the notarial act), and comply with all statutory requirements (Chapter 117). The notary must NOT: notarize their own signature, notarize a document in which they have a direct financial interest (Section 117.107(11)), or notarize a document if the signer is not present.

Question 2

What is a Florida notary’s liability?

Accepted Answer

Liability: bond liability (the notary’s surety bond of $7,500 provides coverage for claims arising from the notary’s misconduct), personal liability (the notary is personally liable for damages caused by their negligence or intentional misconduct), criminal liability (Section 117.105: improper notarial acts can result in misdemeanor or felony charges), and third-party liability (if a fraudulent document is notarized, the notary may be liable to third parties who relied on the notarization). The notary should obtain errors and omissions (E&O) insurance to supplement the bond coverage.

Question 3

How does a person become a notary public in Florida?

Accepted Answer

Qualifications: be at least 18 years old, be a legal resident of Florida, complete a mandatory education course (approved by the Governor’s office), pass a background check, obtain a $7,500 surety bond, and submit an application to the Governor’s office. The commission is valid for 4 years and can be renewed. Online notary designation: requires additional training and technology requirements under Section 117.265.

Notary Public Duties and Liability

Florida Notary Public Duties and Liability

Duties

Liability

Becoming a Notary

Related Terms

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