Notary

Florida notaries public are served by two offices – the Notary Section of the Executive Office of the Governor, and the Notary Commissions and Certificates Section within the Department of State. Both offices are involved with the appointment of notaries public, but each performs distinct functions.

The Notary Section of the Executive Office of the Governor is housed within the Office of the General Counsel because Florida notaries are public officers appointed and commissioned by the Governor. The Office of the General Counsel oversees investigations by the Notary Section based upon complaints of notary misconduct reported by the public, and recommends disciplinary action to be taken when appropriate.

The primary function of the Notary Section of the Executive Office of the Governor is to provide educational materials and assistance to Florida notaries public. Our dedicated staff responds to telephone and email inquiries from notaries and members of the public, and we welcome you to contact us if you have any notary-related questions. The Notary Section also assists the Governor by evaluating “special review” applications related to an applicant’s eligibility for appointment.

The Notary Commissions and Certifications Section of the Department of State, on the other hand, has a strictly ministerial function in receiving and processing applications, and responding to requests for commissions and certificates. The Notary Commissions and Certifications Section also maintains the online Notary Education Course, which is an online educational tool offered free-of-charge, and preserves records of actively commissioned Florida notaries public in its computer database, called Notary Search. You may access the Notary Search database by clicking on this link to search for information on commissioned notaries public in the State of Florida.

Notary FAQ [PDF]

Notary Statutes

Approved Bonding Agencies

Contact Information

The Department of State’s Notary Commissions and Certifications Section allows you to search for Florida notaries public, access the Notary Education Program, obtain a list of notary public bonding agencies, learn about Apostille certification, and more.

notaries.dos.state.fl.us

Notary Public Commission Applications

The Governor may appoint as many notaries public as he or she deems necessary, each of whom shall be at least 18 years of age and a legal resident of the state. A permanent resident alien may apply and be appointed and shall file with his or her application a recorded Declaration of Domicile. The residence required for appointment must be maintained throughout the term of appointment. Notaries public shall be appointed for 4 years and shall use and exercise the office of notary public within the boundaries of this state. An applicant must be able to read, write, and understand the English language.

1. Take the notary education course. A first time applicant for a notary commission must submit proof that the applicant has, within one year prior to the application, completed at least three hours of interactive or classroom instruction. The Department of State’s Notary Education Program satisfies this requirement, and can be taken online, free of charge, at http://notaries.dos.state.fl.us/education/index.html. A list of others can be found at approved education providers.
   If you are renewing your notary commission, you may proceed directly to the next step.
2. Contact a bonding agency. After successfully completing an education course, you must contact one of the bonding agencies that are approved to operate in Florida. Most of these companies provide “one-stop-shopping.” You make one payment to the company and they provide the application, pay the state fees, write your notary bond, and supply your notary seal. The bonding agencies provide the surety bond that is required for notaries public to obtain a commission. (Note that the bond is designed to protect the public against notarial misconduct or negligence, not the notary.) You can find a list of the approved bonding agencies. We recommend that you 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.
3. Complete the application. Provide all the information requested on the application form, which will be provided to you by the bonding agency you choose. If there is any information missing, your application will be returned to the bonding agency until all necessary materials have been submitted. If you have been convicted of a felony, had adjudication withheld, or are on probation, you must submit the following documents:
   1. A written statement regarding the nature and circumstances of the charges;
   2. A copy of the Judgment and Sentencing Order; and,
   3. If convicted, a copy of the Certification of Restoration of Civil Rights (or pardon). The name of this document may vary depending on the state where the conviction occurred.
4. Submit the application through your bonding agency. Once your application has been fully completed, you must submit your application to your bonding agency. They will forward your application to the State for review. To check the status of your application, please contact your bonding agency.

Approved Applications

If your application is approved, you will receive your commission certificate and notary seal from your bonding agency. Please confirm that the information on the seal and certificate are correct; if so, you may proceed to perform your duties as notary public. If there is any error, please contact your bonding agency for assistance.

If you possess a notary seal from your current commission, please use your current seal until the commission expires. You may not use your new notary seal until the first day of your new commission. Destroy your old seal to prevent its misuse.

Denied Applications

The decision to appoint a Florida notary public is a matter within the sole discretion of the Governor, and is not subject to subsequent review. We encourage applicants who were denied a notary public commission to re-submit an application one year after the date the application was signed.

When re-applying, you are welcome to provide any supplemental materials that demonstrate your fitness to serve in public office as a notary, such as letters of recommendation from professional contacts, but are not required to do so.

Notary Public Resignations

A notary public who wishes to resign his or her commission, or a notary public who does not maintain legal residence in this state during the entire term of appointment, or a notary public whose resignation is required by the Governor, shall send a signed letter of resignation to the Governor and shall return his or her certificate of notary public commission. The resigning notary public shall destroy his or her official notary public seal of office, unless the Governor requests its return.

Notary Public Misconduct Complaints

In Florida, notaries are public officers appointed by the Governor at his discretion. Under the Florida Constitution and Florida Statutes, it falls within the jurisdiction of the Governor’s Office to review complaints of misconduct against notaries and to take disciplinary action when deemed appropriate.

Performing Electronic Notarization

You are encouraged to review Section 117.021 and Section 668.50 of the Florida Statutes, as well as research Florida’s Uniform Electronic Transaction Act. There is no additional appointment required; if you are currently appointed as a Florida notary public, you will need to contact any certification authority and research companies that offer digital certificates. Please be advised, however, electronic notarization does not in any way exempt you from the laws governing notaries public in Florida, so you may wish to review Section 117.107(9) of the Florida Statutes before proceeding. If you need assistance interpreting the law, please consult with a personal attorney.”

Remote Online Notary Public

On June 7, 2019, HB 409 “Electronic Legal Documents” was signed into law (Chapter 2019-71, Laws of Florida). This law is in effect as of January 1, 2020. Additionally, 1N-7001, Florida Administrative Code outlines the duties and responsibilities of online notaries as well as the procedures for applying. This law authorizes Florida notaries to perform online remote notarizations after the completion of an application and training requirements.

Below are the steps listed by the Department of State, which must be taken for a notary to register as a Remote Online Notary Public through the Department of State’s Division of Corporations:

1. You must be an existing notary public, a civil-law notary appointed under chapter 118, or a commissioner of deeds appointed under part IV of chapter 721.
Only those who are currently an active notary public may register to become an online notary public.  If you do not know your current status you may check it on our website here: http://notaries.dos.state.fl.us/not001.html

2. You must complete the online education training course and receive a certificate to be submitted with your registration.
To register as an online notary public, you must first complete the online education training course and receive a certificate of completion to be attached to your registration application. Applicants are required to complete an Application Registration for Online Notary Public which can be found at the bottom of the page. This application must be mailed to Florida Department of State, Division of Corporations, PO Box 6327, Tallahassee, FL 32314 or in person or courier service to: 2415 North Monroe St., Suite 810, Tallahassee, FL 32303. There is an initial fee of $10 payable by check to the Florida Department of State.

Remote Online Notary Public Education Providers:
https://dos.myflorida.com/sunbiz/other-services/notaries/remote-online-notary-public/
 

3. You are required to contract with the appropriate third party vendors BEFORE applying.
To apply to be an online notary public, you must first have a contract with a company that will provide you with the technological support needed to perform online notarizations. This company must provide you with:

1. The technology to be used in attaching or logically associating an electronic notarial certificate, signature and seal to an electronic document;
2. The technology to be used in conducting identity proofing and credential analysis;
3. The technology to store and maintain a recording of the video and audio conference of the online notarization session.

The Florida Department of State does not recommend nor endorse any particular third party vendors. The basic requirements for vendors’ technology are found under Chapter 117, Florida Statutes, and Chapter 1N-7001, Florida Administrative Register.

4. You must review the applicable statute and rules before applying.
Remote Online Notaries Public are governed by several new rules and statutes as well as the existing notary rules. The enacting statute is the “Electronic Legal Documents” was signed into law (Chapter 2019-71, Laws of Florida). This law is in effect as of January 1, 2020. Additionally, 1N-7001, Florida Administrative Code outlines the duties and responsibilities of online notaries as well as the procedures for applying.

5. Your remote online notary public commission expires with your notary public commission.
In your application you are required to provide the dates of your current notary public commission and expiration. These must match those on file with the Secretary of State. Your online notary public registration will run concurrently with your existing notary public commission and will expire on the same day, regardless of when the online notary public registration was filed. Should you successfully reapply to be a notary public, you will then be allowed to reapply to be an online notary public.

6. Registration.
All applications are submitted through the Department of State’s Division of Corporations. Use this link to the Department of State’s Division of Corporations website to access the RON-Application: https://dos.myflorida.com/sunbiz/other-services/notaries/remote-online-notary-public/

Performing Marriage Ceremonies

General Procedure [PDF]
Sample Wedding Ceremony (English) [PDF]
Sample Wedding Ceremony (Spanish) [PDF]
Completing the Marriage Record [PDF]
Laws Related to Solemnizing Marriage [PDF]

Public Records Exemptions

Public Record Exemption List [PDF]

Notary Education

Notary Education Resources

National Organizations

Florida notaries are fortunate to have numerous opportunities for education and support. In addition to the Governor’s Notary Section, two national, non-profit, membership organizations offer educational publications and other services to our state’s notaries. The National Notary Association (NNA) was established in 1957 and is based in Chatsworth, California. The chief goal of the NNA is to provide information on notarial laws, customs, and practices, and to support the nation’s 4.5 million notaries with a wide variety of instructional programs, professional services, and advocacy efforts. The Association produces several publications of interest to Florida notaries, including The National Notary magazine, the Notary Bulletin online, The Florida Notary Law Primer, and The Notary Public Code of Professional Responsibility.

The American Society of Notaries (ASN) is the oldest non-profit educational organization for notaries in the United States. Its primary aims are to educate notaries, to protect the office of notary public in America, and to inspire a high ethical code of conduct in our nation’s notaries. ASN is now based in Tallahassee after moving to the Sunshine State in 1994 from Washington, DC. The Society publishes a bi-monthly newsletter, The American Notary, and notary manuals for various states, including Florida. ASN is also dedicated to the historic preservation of the contribution of notaries to America and has an extensive collection of notarial memorabilia, antique documents, seals, and artifacts.

Both organizations hold annual conferences for their members which feature workshops on a variety of issues conducted by experts on notarial practices. Additionally, state officials who regulate notaries gather at these conferences to discuss topics of common interest.

NNA and ASN also assume an advocacy role for notaries. State legislators and officials across the nation often rely upon them for their expert assistance in understanding the complex issues concerning notaries. As a result, these organizations have influenced the development of current notarial laws and practices in Florida and other states. They are well respected for their expertise and valuable service.

If you interested in membership in either or both organizations, you may contact them directly for additional information about their benefits and membership fees.