What Is a Notary Public?
A notary public is a public officer commissioned by the state to serve as an impartial witness to the signing of important documents. The notary's primary role is to verify the identity of the person signing, confirm that the signer is acting voluntarily, and certify the acknowledgment with their official seal and signature.
Florida Notary Law
Florida notaries are governed by Chapter 117, Florida Statutes. Key requirements:
- Commission — Florida notaries are commissioned by the Governor for a 4-year term. Applicants must be Florida residents, at least 18 years old, and pass a background check.
- Bond — Notaries must obtain a $7,500 surety bond.
- Seal — Every notarized document must include the notary's official seal showing their name, commission number, commission expiration date, and the words "Notary Public, State of Florida."
- Journal — While not required for traditional notarizations, Florida requires electronic journals for remote online notarizations (RON).
Notary Functions in Real Estate
In Florida real estate closings, the notary performs several critical functions:
- Acknowledging deeds — Every deed must be acknowledged before a notary to be recorded.
- Acknowledging mortgages — Mortgage documents require notarization.
- Witnessing powers of attorney — Florida POAs require both notarization and two witnesses.
- Administering oaths — The notary can administer oaths on affidavits signed at closing.
Remote Online Notarization (RON)
Florida was one of the first states to authorize remote online notarization under Section 117.265, Florida Statutes. RON allows a notary to perform notarial acts via secure audio-video communication. The signer appears on camera, presents identification through a credential analysis process, and the entire session is recorded and stored for at least 10 years. RON is widely used for out-of-state buyers and sellers in Florida real estate transactions.
Related Terms
- Acknowledgment — The act the notary certifies
- Deed — Requires notarization before recording
- Recording Statute — Notarized documents establish priority
- Power of Attorney — Requires notarization in Florida
Barnes Walker Notary Services
Barnes Walker Title provides in-house notary services and remote online notarization for all closing transactions. Submit a title inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC