On Becoming A Florida Notary Public What Is A Notary Public?
I often get asked what one has to do to become a Notary in Florida. It really isn't that hard.
Fill out an application, Pass a test that anyone who can read can pass and you are done.
To apply for an appointment or reappointment as a notary public, you may
obtain an application and information from a bonding company approved to submit
applications electronically to the Department of State, Notary Commissions and
Certifications Section.
Most of these companies provide "one-stop-shopping"they furnish an application,
pay the state fees, write your notary bond, and supply your notary seal. You
make one payment to the company. You will probably want to check with several
companies to compare services and prices. The state fees of $39 are fixed by
law, but the bond premium and the notary seal are competitively priced. Please
note that the State does not give out applications or provide notary seals.
Your completed application is submitted electronically and in paper format to
the Department of State, and if approved without further review by the
Governor's Office, your commission should be issued within just a few days. The
notary commission certificate is printed by the Department of State and mailed
to your bonding agency. Typically, the company will forward it to you, and your
notary seal will follow within a few days. The entire process should be
completed within 2-3 weeks, unless your application requires special handling.
When you submit your application for appointment as a notary public to a bonding
agency, we suggest that you keep a copy of your application and the name and
phone number of the bonding agency. With this information, you can easily check
the status of your pending application, if necessary.
Attached is a list of
bonding
agencies who electronically transmit notary applications to the Department
of State.
Effective July 1, 2000, all first time notary applicants are required to
complete a three hour notary education course by an approved provider. For a
list of approved providers please go to
Notary Education
WHAT IS A NOTARY PUBLIC?
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A notary public (sometimes called a notary or a public notary) is an individual authorized by state or local government to officially witness signatures on legal documents, collect sworn statements and administer oaths. A notary public uses an embossing tool to verify his or her presence at the time the documents were signed. Most states issue a unique identifying number to each notary public in order to prevent fraudulent use of the embosser. An attorney or other public figure can be granted notary public status, but no legal training is required to apply for the position. Certain legal documents are required to be 'notarized' in order to be recognized in court, so a notary public spends most of his or her time observing routine signatures. Because identities are critical, a notary public may also spend some time verifying the names of the parties involved in the signing. Generally, all parties provide some form of official identification (driver's license, birth certificate, passport, etc.) in order for the notary public to feel comfortable about certifying the signatures. A notary public can charge a nominal fee for his or her services, but this fee cannot be seen as excessive. A large law firm or a government office may have a need for a full-time notary public, but it's more common for licensed notaries to offer a number of other services as well. If the owner of a local grocery store happens to be a certified notary public, for example, he or she can legally post a sign stating that notary services are available. One misconception about a notary public is that his or her official signature and/or embossing stamp automatically makes a document 'true and legal'. The truth is, a notary public cannot give legal advice to anyone unless he or she also happens to be a licensed attorney. What a notary public does is witness the signing of the documents and ask each party for a sworn oath of authenticity. The document itself could still be declared fraudulent or unenforceable later in court proceedings. A notary public can only attest to the identities of the signatories and their own affirmations of authenticity at the time of notarization. The process of becoming a notary public varies from state to state. Some states request applicants take a proctored test on policies and procedures before certification. Others allow anyone over the age of 18 with only one day of residency to apply, as long as local references can be obtained. There are national organizations which oversee the notary public profession, but participation in these groups is voluntary. In general, a notary public candidate should have a high level of integrity and respect for the legal process. Several organizations offer courses on the legal and social aspects of becoming a notary public. Notaries cannot discriminate on the basis of race, sex, creed or religion, for example. A notary public can reject a client if fraud is suspected or identification cannot be verified.
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Notary Commissions and Certifications / Apostilles
Online access to information about notaries public whose commissions were issued within the last five years.
Becoming a Notary
To be eligible to become a notary public, one must be at least 18 years of age and a legal resident of Florida. If granted a commission, legal residency must be maintained throughout the four-year term of the commission.
Anyone interested in becoming a notary public needs to complete an application packet which may be obtained from one of the bonding agencies that has been approved to electronically submit application information to the Division of Corporations, Notary Commissions Section or downloaded from our site.
Completed forms DS-DE 77 and DS-DE 76 from the application packet must be returned to the Division through one of the approved agencies, along with a $39 check or money order made payable to the Department of State. We do not accept cash. Once the notary public commission is issued, it will be returned to the sending agency for distribution to the notary.
Furthermore, Florida Law now provides that 'A first-time applicant for a notary commission must submit proof that the applicant has, within 1 year prior to the application, completed at least 3 hours of interactive or classroom instruction, including electronic notarization, and covering the duties of the notary public. (Ch. 2000-164, F.S.) This requirement may be satisfied by completing, at no cost, the course offered by the Florida Department of State and the Governor's Office on the internet at http://notaries.dos.state.fl.us/education/index.html. The course is also offered by certain state-authorized private organizations. After completing the course, you will receive an individual certificate of completion which can be submitted with the application.
Changing Name During Term of Notary Commission
Any notary public who lawfully changes his name during the term of the commission must request an amended commission from one of the bonding agencies that has been approved by submitting
A notice of name change form must be sent to the Division via electronic transfer.
Note: Once an amended commission has been requested, the notary public may continue to perform notarial acts in his former name until the amended commission is received.
Requesting an Apostille
or Certificate of Notarial Authority
Upon request and receipt of notarized documents and accompanying funds, the Division of Corporations, Apostille/Certification Section issues Apostilles and Certificates of Notarial Authority. An apostille is a simplified certification issued by the Secretary of State which can be attached to public documents that are to be used in any country that has signed the 1961 Hague Convention. With the apostille, the document is entitled to recognition in the country of intended use, and no further authentication or legalization by the embassy or consulate of the foreign country where the document is to be used is required.
Florida Law Governing Notaries Public
Online |
CLICK HERE
Chapter 117, Florida Statutes, covers appointment, application, suspension, revocation, application fee, bond, and oath; administration of oaths; marriages; acknowledgments; use of notary commission; unlawful use; notary fee; seal; duties; employer liability; name change; advertising; photocopies; penalties; validity of acts prior to April 1, 1903; law enforcement officers and correctional officers; certification of notary's authority by Secretary of State; false or fraudulent acknowledgments; penalty; prohibited acts; and validity of acts, seals, and certificates prior to January 1, 1995. Chapter 118 covers Florida international notaries.
The Notary Section of the Governor's Legal Office
The Notary Section of the Governor's Legal Office is responsible for educating and assisting notaries throughout the State of Florida and is located in Room 209 of the Capitol Building.
Their office publishes The Notary View newsletter, which can be downloaded in Adobe Acrobat PDF format for viewing or printing at your site.
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