Florida Notary Academy

𝗡𝗘𝗪 𝗡𝗢𝗧𝗔𝗥𝗬 𝗟𝗘𝗚𝗔𝗟 𝗚𝗨𝗜𝗗𝗔𝗡𝗖𝗘: 𝗠𝗮𝗿𝗿𝗶𝗮𝗴𝗲 𝗰𝗲𝗿𝘁𝗶𝗳𝗶𝗰𝗮𝘁𝗲𝘀 𝗶𝘀𝘀𝘂𝗲𝗱 𝗯𝘆 𝗙𝗹𝗼𝗿𝗶𝗱𝗮 𝗻𝗼𝘁𝗮𝗿𝗶𝗲𝘀 𝗮𝗿𝗲 𝗮𝗰𝗰𝗲𝗽𝘁𝗲𝗱 𝗯𝘆 𝘁𝗵𝗲 𝗦𝗼𝗰𝗶𝗮𝗹 𝗦𝗲𝗰𝘂𝗿𝗶𝘁𝘆 𝗔𝗱𝗺𝗶𝗻𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗳𝗼𝗿 𝗻𝗮𝗺𝗲 𝗰𝗵𝗮𝗻𝗴𝗲 𝗽𝘂𝗿𝗽𝗼𝘀𝗲𝘀, 𝗯𝘂𝘁 𝗻𝗼𝘁 𝗰𝗹𝗮𝗶𝗺𝘀 𝗽𝘂𝗿𝗽𝗼𝘀𝗲𝘀

Today we have posted new legal guidance to our website concerning the Social Security Administration's acceptance of commemorative marriage certificates issued by Florida notaries. This and other legal guidance for notaries can be found on our website, notaryacademy.org, on the “Resources for Notaries” page.

Instructions for Florida notaries to verify a Florida Digital Driver License or Digital ID:

1. Download the “FL Smart ID Verifier: Thales” app to your smart device.

2. Instruct the signer to pull up their digital ID using the “FL Smart ID: Thales” app. Once the ID has loaded, have the signer tap “Proof of Age Verification” on their device, which will generate a QR code.

3. On your device, open the “FL Smart ID Verifier: Thales” app and tap “Click to Start”. If the app requests access to your camera, allow. You will then be able to scan the QR code on the signer’s device.

4. The notary’s device will send a Bluetooth signal to the signer’s device, requesting the signer’s consent to allow ID verification.

5. Once the signer has accepted the consent, the notary’s device should display the signer’s ID photo with a box saying “Valid Digital Document”. If the credential is expired, this will show as invalid with a red background.

𝗡𝗘𝗪 𝗡𝗢𝗧𝗔𝗥𝗬 𝗟𝗘𝗚𝗔𝗟 𝗚𝗨𝗜𝗗𝗔𝗡𝗖𝗘: 𝗗𝗶𝗴𝗶𝘁𝗮𝗹 𝗜𝗗𝘀 𝗶𝘀𝘀𝘂𝗲𝗱 𝗯𝘆 𝘁𝗵𝗲 𝗙𝗹𝗼𝗿𝗶𝗱𝗮 𝗗𝗲𝗽𝗮𝗿𝘁𝗺𝗲𝗻𝘁 𝗼𝗳 𝗛𝗶𝗴𝗵𝘄𝗮𝘆 𝗦𝗮𝗳𝗲𝘁𝘆 & 𝗠𝗼𝘁𝗼𝗿 𝗩𝗲𝗵𝗶𝗰𝗹𝗲𝘀 𝗮𝗿𝗲 𝗮𝗰𝗰𝗲𝗽𝘁𝗮𝗯𝗹𝗲 𝗳𝗼𝗿 𝗻𝗼𝘁𝗮𝗿𝗶𝘇𝗮𝘁𝗶𝗼𝗻 𝗽𝘂𝗿𝗽𝗼𝘀𝗲𝘀

Today we have posted new legal guidance to our website concerning the acceptance of Digital Driver Licenses and non-driver ID cards for notarization purposes. This and other legal guidance for notaries can be found on our website, notaryacademy.org, on the “Resources for Notaries” page.

In honor of National Notary Public Day, we are offering FREE access to our online course for existing Florida notaries. TODAY (11/7/2023) ONLY! Message us with your name and commission number for login details.

Notaries public who are not licensed attorneys may not give legal advice, nor can they prepare immigration forms while holding themselves out as knowledgeable in immigration law and practice. They cannot draw up wills, contracts, leases, deeds or other documents.

Unless a notary is also a licensed attorney, he or she may not give legal advice or accept fees for legal advice. Non-attorney notaries should not advertise that they give advice in matters such as immigration, divorce or probate. In addition, a notary may never translate the phrase "notary public" into any other language. § 117.05(11), Fla. Stat. Immigration matters involve various important rights defined in the federal Immigration and Nationality Act, and competent legal advice from a licensed attorney is needed to understand these matters.

So what services can a non-lawyer notary provide in Florida? The Florida Supreme Court has generously defined that for us in The Florida Bar v. Brumbaugh, 355 So. 2d 1186 (Fla. 1978). A non-lawyer can sell blank legal forms and printed material explaining legal procedure, and can act as a typist, completing blank forms based on information given in writing by the non-lawyer’s client. A non-lawyer can also advertise that he or she provides secretarial and notary services and sells legal forms.

The Florida Bar’s Unlicensed Practice of Law department has offices in Tallahassee, Fort Lauderdale, Orlando, Miami and Tampa. If you or someone you know has been misled or harmed by a person who is not a licensed Florida attorney, contact The Florida Bar, Unlicensed Practice of Law Division, at 850-561-5840.

Florida Notary Academy, established 2010, is one of only 21 notary education providers approved by the Executive Office of the Governor. Please contact us or visit our website, notaryacademy.org, for more information.

If you ever have questions regarding your powers and duties as a Florida notary public, Florida Notary Academy is here to help!

Have you checked out our website lately? Free certificate forms, quick links to Florida Statutes, educational materials, and more! www.NotaryAcademy.org

Although they cannot perform any other notarial acts, regularly ordained ministers of the gospel and elders in communion with a church, and all other ordained clergy, are authorized to solemnize the rites of matrimony (perform a marriage ceremony) in the State of Florida. s. 741.07, Fla. Stat.

Florida law was amended in 1978 to “specifically, by statute, authorize all ordained clergy to solemnize matrimony -- thus eliminating any questions concerning their authority to do so.” Fla. S. Judiciary-Civil Comm., HB 200 (1978) Staff Analysis (Jun. 1, 1978) (available at Fla. Dep’t of State, Fla. State Archives, Tallahassee, Fla.).

The Florida Office of the Attorney General has construed Florida law “so as to permit any religious society or denomination to prescribe its own criteria as to which of its adherents may perform the marriage rites.” Op. Att’y Gen. Fla. Informal (Aug. 17, 1964).

Florida Notary Academy updated their address.

Thank you Barrios Notary Services for hosting Saturday’s free notary networking event. FNA director Robert Koehler gave a seminar on Notary Basics & Ethics.

Assembling handouts for this Saturday’s Notary Networking Event hosted by Barrios Notary Services. Looking forward to seeing you all there!

ATTESTATION OF COPIES

A notary public may supervise the copying (or printing, as the case may be) of a “record” and attest to the trueness of the resulting copy or printout. This is referred to in the Florida Statutes as “notarizing a copy of a tangible or an electronic record” (or “notarizing a printout of an electronic record”). This act is also referred to as “attesting to tangible or electronic records”. The record being copied (or printed) cannot be a vital record, nor can it be a public record (if a copy can be obtained from the custodian of the public record). In notarizing a copy or printout of a record, a notary must use a certificate which, in substance, matches the form provided by the statute.

The term “record” here includes any data, text, image or other similar representation of knowledge which is inscribed on a tangible medium, or which is stored in an electronic medium and is retrievable in perceivable form , but specifically excludes records in government custody , and certificates or reports of birth, death, marriage, divorce, or name change . If the record was issued by a governmental entity, it should be verified that a copy cannot be obtained from that entity. Examples of public records for which copies cannot be obtained from the entity from which it issued include:
• Florida driver license (record is held by the licensed driver named therein, not the Florida Department of Highway Safety and Motor Vehicles)
• Florida vehicle title (paper title is held by the owner of the vehicle, not the Florida Department of Highway Safety and Motor Vehicles; however, electronic titles cannot be copied and attested to by a notary public, because the original is held by the Department)
• Social Security card (record is held by the account holder, not the Social Security Administration)
• Diploma (record is held by the graduate, not the school; transcripts on the other hand are held by the school, and copies cannot be attested to by a notary public – rather, the school registrar should sign the transcript and have his or her signature notarized, per the Florida Department of State)
• U.S. passport (record is held by the national/citizen named therein, not the U.S. Department of State)
• Resident alien card (record is held by the resident alien, not the U.S. Department of Homeland Security)
• Florida Medical Ma*****na Use Registry identification card (record is held by the patient/caregiver, not the Florida Department of Health)

In addition to the above types of records, medical records, bills of sale, contracts, leases, and personal letters are examples of records which can be copied and attested to by a notary.

Our updated course curriculum (in accordance with Ch. 2021-137, Laws of Fla.) has been approved. Visit notaryacademy.org to sign up today!

REMOTE ADMINISTRATION OF OATHS

Effective 1/1/2022, traditional pen-and-paper Florida notaries can administer oaths for official proceedings (court hearings and depositions) using audio-video communication technology (including Zoom, Skype, etc.). You do not need to be registered as an “online notary public” nor are you required to use a RON (remote online notarization) service provider.

This is only for the oral administration of oaths in official proceedings (such as swearing in a witness) – it does NOT allow for remote notarization of documents by traditional pen-and-paper notaries, except for Oaths of Admission to the Florida Bar.

The notary and witness must be able to communicate in real-time via electronic means that enable them to see, hear, and communicate with one another. (§ 117.201(2), Fla. Stat.) The notary must still be able to positively identify the witness. (§ 117.05(5)(b), Fla. Stat.) If the witness is located outside of the State of Florida at the time of the swearing-in, consent from the witness must be obtained to take his or her oath using audio-video communication technology. However, regardless of the location of the witness, the notary must be physically located within the State of Florida at the time of the swearing-in. Florida notaries cannot act as such while outside the official boundaries of the state. (§ 117.01(1), Fla. Stat.)

You can read the new law in its entirety here: https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0121er.docx&DocumentType=Bill&BillNumber=0121&Session=2021 (Chapter 2021-137, Laws of Florida). The pertinent section is on page 6.

Our updated curriculum has been submitted to the Governor’s office and is waiting approval.

Good morning fellow notaries 🌤
Thank you for your service

SEAL MUST BE AFFIXED IN PRESENCE OF SIGNER

In Florida, it is required that the entire notarial act be performed in the presence of the person signing. This includes the affixing of your notarial seal and official signature. Florida Attorney General Opinion 073-185 (dated May 24, 1973) states that the affixing of the notary's seal is a part of the notarial act, and that, because the notarial act must be performed in the presence of the signer, the seal must likewise be affixed in the signer's presence.
http://www.myfloridalegal.com/histago.nsf/0/C4325B2C542562CE85257A2F0057D425/$file/73-185.pdf

Have you checked out our new website?? NotaryAcademy.org

Our website has been updated to make it mobile-compatible. Same great info, with a new design. Check out notaryacademy.org 😁

Check out our new publication "Florida Marriage Guide", a summary of the statutes regarding marriage licenses and the solemnization of marriage - a great resource for Florida notaries, judicial officers, and clergy. https://archive.org/details/guide-to-marriage-licenses

Florida Marriage Guide: A summary of the laws governing marriage licenses and solemnization of marriage in the State of Florida : Robert T. Koehler : Free Download, Borrow, and Streaming : Internet Archive A summary of the laws governing marriage licenses and solemnization of marriage in the State of Florida.

Don’t pay for blank certificates. Go to notaryacademy.org, click on “Resources for Notaries” and download them free! Plus get quick access to statutes and more.

Fun fact: When the Legislatice Council of the Territory of Florida created the office of Notary Public in 1822, notaries could charge $1 for taking an affidavit. In today’s money, that would be $19.72. (Florida law now caps the fee at $10).

Q: If the client only needs me to witness their signature, can I just affix my stamp and signature on the document without any notarial certificate?

A: No. Witnessing of signatures is not an authorized duty of a notary public, except in correlation with another notarial act. If a customer presents you with a document that has no notarial certificate already printed, you should explain the difference between an acknowledgment and a jurat and ask the customer which one they want you to add. You may then print, type, or stamp the appropriate certificate on the document. If there is no room on the document, you may attach a second page with the appropriate wording. However, if you attach a "loose" certificate, you should notate in the certificate what document the certificate is attached to, to prevent your notarial certificate from being attached to another document. A notary may NEVER “sign and stamp” a document without a proper notarial certificate.

In Florida, it is required that the entire notarial act be performed in the presence of the person signing. This includes the affixing of your notarial seal and official signature. Florida Attorney General Opinion 073-185 (dated May 24, 1973) states that the affixing of the notary's seal is a part of the notarial act, and that, because the notarial act must be performed in the presence of the signer, the seal must likewise be affixed in the signer's presence.
http://www.myfloridalegal.com/histago.nsf/0/C4325B2C542562CE85257A2F0057D425/$file/73-185.pdf

Happy St. Patrick’s Day from Florida Notary Academy! 🍀🇮🇪