Notary Laws
SELECTED LAWS FROM THE FLORIDA STATUTES AND THE CONSTITUTION OF THE STATE OF FLORIDA
Topics Covered in Chapter 117 “Notaries Public”
- Appointment, application, suspension, revocation, application fee, bond, oath (117.01)
- Administration of oaths (117.03)
- Marriages (117.045)
- Acknowledgments (117.04)
- Use of notary commission, unlawful use, notary fee, seal, duties, employer liability, name change, advertising, photocopies, penalties (117.05)
- Validity of acts prior to April 1, 1903 (117.06)
- Law enforcement officers and correctional officers (117.10)
- Certification of notary’s authority by Secretary of State (117.103)
- False or fraudulent acknowledgments, penalty (117.105)
- Prohibited acts (117.107)
- Validity of acts, seals, and certificates prior to January 1, 1995 (117.108)
Topics Covered in Chapter 668 “Electronic Commerce”
Chapter 668.50 “Uniform Electronic Transaction Act”
- Use of electronic records and electronic signatures (5)
- Construction and application (6)
- Legal recognition of electronic records, signatures, and contracts (7)
- Provision of information in writing, presentation of records (8)
- Attribution and effect of electronic record and signature (9)
- Effect of change or error (10)
- Notarization and acknowledgment (11)
- Retention of electronic records and originals (12)
- Admissibility of evidence (13)
- Automated transactions (14)
- Time and place of sending and receiving (15)
- Creation and retention of electronic records and conversion of written records by governmental agencies (17)
- Acceptance and distribution of electronic records by governmental agencies (18)
- Interoperability (19)
- Severability (20)
Additional Notary References in the Florida Statutes
- Requirements for recording instruments affecting real property (695.26)
- Oaths, affidavits, and acknowledgments, who may take or administer, requirements (92.50)
- Persons authorized to solemnize matrimony (741.07)
- Marriage not to be solemnized without a license (741.08)
- Application for and issuance of certificate of title (319.23)
- Special remedies for nonpayment of rent (655.94)
- Self-proof of will (732.503)
Penalties for Violation of Notary Laws
Penalties for Felonies and Misdemeanors (Chapter 775.082)
A person who has been convicted of any other designated felony may be punished as follows:
- For a felony of the third degree, by a term of imprisonment not exceeding five years A person who has been convicted of a designated misdemeanor may be sentenced as follows:
- For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding one year
- For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days
Topics Covered in Chapter 118 “Florida International Notaries”
- Civil-law notary (118.10)
- Certification of civil-law notary’s authority (118.12)
- Apostilles (118.12)
- Reproduction of records (15.16)
- Admissibility in evidence (15.16)
- Electronic receipt and transmission of records (15.16)
- Certification (15.16)
- Acknowledgment (15.16)
Topics Covered in the Constitution of the State of Florida
- Notaries are public (state) officers (Article II)
- Governor’s authority to suspend notaries (Article IV)
- Disqualification due to felony conviction (Article VI)
- Definition of “felony” (Article X)
