About Notary Mobile Services

Availability

Hours of Operation

Typically seven (7) days per week, 8:30AM - 8:00PM (Wed & Sat until 5:00PM) by appointment only by calling (321) 591-9658, usually the same day. We are closed Thanksgiving Day, Christmas Day and New Year's Day.

If you call and we can't get to the phone, please leave your contact information. We could be serving the needs of another. We will make every attempt to get back to you and schedule you for the earliest possible time. We bend over backwards to accommodate your needs.

The towns we serve

In alphabetical order: Eau Gallie, Grant Valkaria, Indialantic, Indian Harbour Beach, Malabar, Melbourne, Melbourne Beach, Melbourne Shores, Melbourne Village, Palm Bay, Palm Shores, Satelitte Beach, West Melbourne.

There is a flat travel charge within a 10 mile radius of the office (next to FL Institute of Technology). Additional mileage charges apply for distances beyond 10 miles.

Receipts & Recording

Our use of a Notarial Journal

We use a notarial journal to record all notarial acts. Also, journal entries are required by providers of digital credentials, in our role as Trusted Enrollment Agents (TEA's). You will be required to sign our journal if your signature will be notarized, you are the deponent in a deposition, you act as a witness on another's behalf, or if you request attested photocopies of documents.

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]
We provide receipts and we invoice

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

For title companies, mortgage brokers businesses and out of state attorneys with loan document sets, all are invoiced with return carriers' tracking number information. Invoices are net 30 days. Special billing arrangements can be made depending on prior experience, volume and frequency.

Fees

Free Services
  • Forms typically required by schools, clubs, churches, associations, etc. to limit or waive liability
  • All loyalty oaths
  • Witnessing an absentee ballot in an election

If you are within a 10 mile radius of our office, we'll come to you for the flat travel fee or you can stop by the home office to get your signature notarized and it won't cost you a thing.

Our Notary Fees

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)]. Notary Mobile Services charges discounted fees and further for repeat customers.


Notary / Service Fee Schedule
  (we come to you) (at our home office)
First Notarization
(Repeat Customer)		 $8.00
$6.00		 $8.00
$6.00
Additional
Notarizations¹		 $6.00 $6.00
Attested ("certified")
Photocopies		 N/A $8 first seal
$6 subsequent
ID for Court
Deposition Oaths		 $10.00 $10.00
Verify VIN
(e.g. HSMV 82042 / 82040)		 $8.00 $8.00
Certify Contents of
Safe-Deposit Box		 $10.00 N/A
Witnessing Absentee
Ballot in Election
[per F.S. §117.05(2)(b)]		 $0.00 N/A
Loyalty Oath
[per F.S. §116.38(3)]		 $0.00 $0.00
Travel Fee²
(10mi radius of home office)		 $10.00 N/A
These are current prices as of 11/1/2011
¹two or more notarial acts at the same location at the same time.
²$1.00 each addt'l mile up to 25 miles distant maximum.

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 $10 for the flat travel fee ($8 + $6 + $10) = $24. (Repeat customer = $22)

Example B
(Our office, 1 document)

You call and we agree on a time. You arrive at our home office with a document that has one notarial certificate on it. Your total cost would be $8 for that notarial certificate. You save the travel fee. If you are a repeat customer, your fee would be only $6.

Example C
(Loan document set)

You call and tell us that your title company, mortgage company or attorney sent you the mortgage documents to have your signature notarized. You would be charged notarial fees as in Example A or B, above. Regardless of the number of notarizations required, we never charge more than we would if a title company had sent the documents directly to us. A typical package has 2 - 5 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 quote of your specific need.

Notarial Acts in Florida

Documents Sent Overseas

What is an Apostille and how do I obtain one?

Documents that are notarized in the United States and sent to another country typically require verification or legalization of the notary's signature and his/her official capacity as a notary public prior to acceptance by the receiving country.

If certification of a notary public's commission is required by a foreign country, it must be obtained from the Department of State. Upon the receipt of a written request and appropriate fee payable to the Department of State, the Department of State will issue an Apostille or Certificate of Notarial Authority which will include a statement explaining the legal qualifications and authority of a notary public in this [FL] state. [FL Statute §117.103, 15.16]

Typical Purposes for Apostilles
  • Transacting 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

The procedure for obtaining the Apostille is outlined below:

Procedure
  1. Have your signature notarized or attested copies made by a notary.
  2. Provide a written request for the Apostille or Certificate, stating the country to which the document will be sent. The Department of State will determine which authentication is appropriate for the receiving country. Countries who are members of the Hague Conference require Apostilles and the list can be found here. If the receiving country is not a member of the Hague Conference, they will get a Certificate of Notarial Authorization as a substitute for the Apostille.
  3. Provide a check (drawn on an U.S. bank) or a money order for $10USD per notarial certificate, made payable to the Department of State. Include a self-addressed, stamped envelope in which to have your documents returned to you.
  4. Mail the request, notarized document(s), SASE and payment to: Department of State, Division of Corporations, Apostille Certification, PO Box 6800, Tallahassee, Florida 32314-6800.
  5. Documents in proper order with correct notarizations sent to the Department of State are usually processed within 10 working days and are returned by regular mail in the self-addressed, stamped envelope provided. For additional information you can contact the Department of State at (850) 245-6945.
  6. Notary Mobile Services will provide you with a pre-addressed envelope to be used to send your documents to the Department of State, along with a form letter for this purpose, free of charge, if your notarization is with us.

Foreign Documents

Documents Written in Languages other than English

People often ask me if I 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.

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. We have notarized many signatures on documents written in foreign languages for use in the signer's home country.

Translating Documents and Translation Affidavits

If you need a document translated from Spanish to English, 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. The translators' signature is notarized, not the person who brought the original document to Notary Mobile Services. 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 affidavit.

A notary can do the translation themselves if they are bilingual, but they will have to find another notary to notarize the translation affidavit. This is because the notary can't notarize their own signature, nor that of their spouse, father, mother, son or daughter.

General Documents

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 a custodian) can only be obtained from the Department of Vital Records in the country, state or county in which the event is recorded.

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

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. Notary Mobile Services uses "loose certificates" and will attach them to the Certificate of Title to satisfy the notarization request of out-of-state DMV.

Diplomas

If you have a school diploma and your new employer is requesting a "certified" copy of your diploma for their records, what they mean is that they need a copy "certified" by a notary.

Notaries don't certify copies—only document custodians do—notaries attest to them. Notaries can make attested photocopies and attach a statutory certificate to the copy, attesting that it was made from an original, along with their notary seal.

Notarizing 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. Notary Mobile Services uses 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.

Click here for a description of the two types of notarial certificates.

Do Last Will and Testaments need to be notarized in Florida?

No....But you can get a will notarized. It's called a "self-proving" will. Why would you want to? Making a will self-proving shortens and simplifies the steps of probate. There are four conditions to notarizing a will. They are:

  1. The document signer must be present and competent to execute the document.
  2. The signer must be personally known to the notary or able to produce appropriate identification.
  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).

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.

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 allow 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.

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.

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 (POA)

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 notarized and witnessed. It needs to be legally binding and enforceable. Even if you get the principle's signature notarized but the document is NOT legally enforceable in your state, the notarization won't change that fact.

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 principle before a notary public or as otherwise provided in s. 695.03." Notary Mobile Services notarizes signatures on POAs. The notary can also act as one of the witnesses.

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

When transferring schools, the new school typically asks for a transcript from the previous school. You might have copies of transcripts given to you after each semester from your current school in your posession. Schools typically require certified copies of transcripts which must come directly from your current school.

A FL notary can not "notarize" a transcript in your posession for submission to your new school. A FL notary can not make certified copies of transcripts you might have in your posession, nor can they make attested photocopies of school transcripts. The copies must be created by your current school and sent by them to the new school to which you are transferring.

Loan Documents

Closing in Florida

In some states only attorneys are authorized to perfom 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 Notary Mobile Services is a Signing Agent and a former FL Mortgage Broker and has done many real estate closings.

I just received my loan documents in the mail from the title company. What now?

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 tradeoff 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.

Does Brevard County, FLORIDA, accommodate the recording of electronic real estate documents?

No. 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

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 acknowlegment 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 requrements 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 statutue 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 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. Notary Mobile Services contracts with title companies and we have 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 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)]

Notarial Certificates & Seals

FL Acknowledgment and Jurat Examples

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.

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

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 action 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

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.

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

Quite a few people have been bringing documents to me 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, jurat and acknowledgment (see next question). 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

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. In these rare cases, Florida allows notaries public to attach a "loose certificate" to the document. The type of certificate would be directed by the signer and the certificate should include information pertaining to the exact document and signature to which the notarization applies.

Notary Seals in Florida

In Florida, the official notarial seal is the black-inked rubber stamp with 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 compnany is optional.

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, the notary's name should be correct and the words, "Notary Public-State of Florida" should be contained in the impression.

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

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.

Notaries Public

Can notaries be witnesses?

Yes. If the document does not require the signatures of the witness(es) to be notarized, then the notary can be one of the witnesses. The reason being that a notary can not notarized their own signature. 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. Since notaries can not notarize their own signatures, witnesses other than the notary will have to be located. [FL Statute §117.05(1)]

Notarial Authority of Florida Notaries

A notary commissioned in the state of Florida is authorized to notarize a signature on any document requiring notarization regardless of whether the document was drafted within the state or outside the state. A Florida notary can notarize signatures, make attested photocopies, etc. in any county within the state of Florida. A Florida notary can not perform notarial acts outside the state of Florida since their commission is only valid within the state.

If you moved or are visiting Florida and you are selling a home in Montana, you can have your loan 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 some transaction of your parent’s behalf. You have a Power of Attorney (POA) drawn up by an attorney in Maryland, send it to your parent in Florida, and have your parent’s signature notarized by a Florida notary along with two subscribing witnesses. The POA is then returned to you in Maryland to act upon.

What are Notaries Public?

A notary public is a public state officer commissioned by the appointed authority in the state of residence. Florida notaries are commissioned by the Governor and run four (4) year terms. Notaries have authority to notarize signatures in any county in the state in which they are commissioned. Florida notaries can perform these six functions authorized 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

Contrary to popular belief, notaries don't notarize documents, they notarize signatures. They 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

Not all notaries are the same. Make sure the notary you select is knowledgeable of Florida notary law and statutes. Common complaints to the Governor's Office are imcomplete notarial certificates and signers not personally appearing before the notary.

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 dependend 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 that document being notarized correctly!

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, Notary Mobile Services comes 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.

Notarial Acts

Attested ("certified") copies

People get the terms "certified" and "attested" confused.

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 copy. Certified copies are only obtained by 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
  • Marriage Certificate
  • Death Certificate
  • Certificate of Citizenship or Naturalization
  • Document filed in a court proceeding
  • Document recorded by the Clerk of the Court (mortgages, deeds, etc)
  • Documents maintained by government offices
  • Student records (kept in public education offices)
  • Federal or state income tax forms (already filed)
  • Professional licenses issued by the State of Florida
  • Document for which a photocopy is prohibited

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 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.)
  • 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
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 truth, the whole truth, and nothing but the truth?"

Some attorney's require a notarized affidavit be sent to the court or the attorney and some don't.

Arrangements can be made to meet in our office to take the deposition oath. Calls from our office to the court are free of charge anywhere in the U.S. An appointment must be made that satisfies the court schedule. There is a service fee of $10 for each deponent plus a notarial fee if an affidavit is requested by the court or attorney.

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.

Notary Mobile Services does not perform wedding ceremonies or sign and notarize marriage licenses and can't, at this time, refer you to a local notary who performs this function.

Notarizing your own documents

If you are a notary yourself and your tempted to notarize your own documents (like a lease, power of attorney, etc.) DON'T. It's unlawful. [F.S. §117.05(1)] The notary also can not notarize the signature of their spouse, son, daughter, mother, or father. [F.S. §117.107(11)]

Prohibited acts of a notary in Florida

Notary Public's can NOT:

  • charge more than $10 for a single notarial act
  • notarize signatures without the signer personal appearing
  • notarize photographs
  • notarize birth certificates as being authentic or originals
  • make certified copies of birth certificates, tax returns, or any other vital or public record
  • notarize their own signatures nor the signatures of a spouse, son, daughter, father or mother
  • 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 in the underlying transaction
  • provide signature guarantees--see your bank
  • certify the authenticity of objects
  • judge contests or certifying contest results
  • certify a person's residency 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
  • take an acknowlegment if an oath is required
Proper notarization in the state of Florida

The notarial act is not one of signing and stamping documents. Notarial certificates are areas on a document in which the notary is mandated to record the particulars of a 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 are:

  1. the venue (state and county of notarization)
  2. type of notarial act
  3. personal appearance of the signer
  4. date of notarization
  5. names of person(s) whose signature is being notarized
  6. type of identification relied upon
  7. notary's signature
  8. notary's printed name
  9. notary's official seal

Also, the notary must interact with the signer to both access the signers cognitive state and 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 if cases where a notary doesn't administer either an acknowlegment or an oath, as appropriate.

So 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. For a notarization to be valid, it must be COMPLETE. [FL Statute §117.05(13)]

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)

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 parites 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 nonlawyer 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.

Webcam Notarization

A big controversy has developed around notarizations being solicited and performed through appearance via a webcam. A new website has been identified that claims that a citizen could receive instant notarization services if he or she had access to a webcam and that notarization services could be provided through this video conferencing session between the client and the notary.

When the American Association of Notaries contacted the various Secretarties of State for the 50 states, the email response from Florida's Secretary of State was, "Thank you for contacting the Governor's Notary Section. The physical presence requirement at the time of notarization is still in effect per section 117.107(9), Florida Statutes and there are no exceptions to the presence requirement."

Similar responses have been received from many other states. All states have a presence requirement. Don't jeapodize the validitiy of your notarization—see a notary in person.

Signer Requirements

Will I be asked to take an oath?

Yes. Depending on the notarial act that's being performed, you MUST be administered the proper oath or have an acknowledgment taken. It is required by Florida Statute. [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) that the information contained in this document is true and correct to the best of your knowledge?"

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 forms of identification for the signer

Acceptable Identification for Notarizations (FL)
[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 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).

No Identification 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
Do I have to raise my right hand and take an oath?

Yes and No. 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 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 notarization. You must sign the document in the presence of the notary.

This is no different than a clerk of the court asking you to raise your right hand prior to administring 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.

Are thumbprints or fingerprints required in Florida for notarizations?

No. 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.

Witness Requirements

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

Since notaries can not notarize their own signatures, any document on which the witnesses signatures must be notarized 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.

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

A living will must have two subscribing witnesses present at the signing of the living will by the principle--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

A power of attorney must be signed by the principle 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

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.

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

.
Witnesses in Hospitals or Nursing Homes

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!