A Florida notary acknowledgment form serves as a crucial certification performed by a notary public to authenticate signatures on legal documents within the state. It verifies that individuals signed a document voluntarily and in the presence of a notary public. The form typically includes crucial elements such as the date, signers’ names, the county, and the notary’s signature and seal.
All involved parties must present valid photo identification unless the notary personally recognizes the signer. It is advisable for signatures to be executed in the notary’s presence rather than beforehand. Following the completion of the identification and signature verification procedures, the notary proceeds to complete the form. The document becomes valid when the notary affixes their signature and seal.
Legal Considerations
Statute: Florida Statutes, Title X, Chapter 117.
Form of Acknowledgment: According to § 695.25, the information on short form certificates for an individual acting in their own right must include the state and county, the date, the person’s name, the method used (physical presence or online notarization), and the type of identification presented.
Notary Term of Commission: Four years (§ 117.01(1)).
Notary Handbook: The Governor’s Reference Manual for Notaries Public is a valuable resource defining the duties, responsibilities and statutes associated with the profession.
Is Online Notarization Legal in Florida?
Yes, notaries are allowed to conduct remote online notarization after passing House Bill 121 at the beginning of 2022.
According to Florida Statutes, Chapter 117, Part II, an online notary public is required to maintain secure electronic journals for online notarizations. Each entry in the electronic journal must include the date and time of the notarization, the type of notarial act performed, details about the electronic record or proceeding, and the name and address of each subject involved.
The online notary public must also provide evidence of the identity of each subject and the fee charged for the notarization and take steps to ensure the integrity, security, and authenticity of online notarizations.
Additionally, the notary must keep an uninterrupted copy of the audio-video communication recording during an online notarization, including the appearance and confirmation of the identity of all parties involved. They are responsible for protecting the electronic journal, maintaining a backup record, and ensuring the security of all records. The electronic journal and audio-video communication recordings must be retained for at least ten years.
For online notarization, a notary public may charge a maximum fee of $25 for a notarial act (§ 117.275).
How to Notarize
Step 1 – Locate a Notary
Notaries can be conveniently located in various public settings. These include banks and credit unions, with Wells Fargo particularly prevalent throughout the state.
Additionally, UPS Stores and private notary services offer accessible options.
As per Florida Statutes § 117.05, the fee allowed for notarization cannot exceed $10 per notarial act.
Step 2 – Present the Paperwork
Bring the filled document to the notary, leaving the signature fields blank, and accompany it with a form of photo identification.
Alternatively, if the notary personally recognizes the individual, this recognition serves as adequate identification, eliminating the need for additional proof.
Step 3 – Sign the Document
Upon confirming the identification of all parties, the notary proceeds to include the required signatures.
While some documents may have signature fields completed beforehand, especially in the case of acknowledgments, it is advised that the notary public witnesses the signing process to enhance the credibility of the notarization.
Step 4 – Affix the Seal
Once the notary public has verified the identities and obtained the signatures, they will proceed to complete the form, certificate, or statement.
This crucial step ensures that all necessary information is documented, adding an official and legal dimension to the notarization process.
How to Verify a Notary
- Go to the Department of State website’s Notary Search database.
- Add as much information as you can to the search engine. At a minimum, enter the last name to initiate the search. Click on “Submit.”
- The results will showcase names, birthdates, notary IDs, commissions, expiration dates, bonding agencies, and addresses of notaries matching the search criteria.
How to Write (for Notary)
- Document: Download a notary acknowledgment form in PDF and Word formats.
- Place: When notarizing signature documents, a crucial detail sought is the county and state where the subject signs. While the form specifies the state for notarization, it requires the explicit reporting of the County.
- Signing Method: How the subject’s signature is executed for the notary holds significance for future reviewers requiring evidence of a valid signature. Therefore, it should be specified whether the subject signed the relevant document in the physical presence of the notary or if the signature was done online.
- Present Date: The date on which the signing is notarized should be formally presented, starting with the two-digit day of the month, followed by the name of the month, and concluded with the four-digit year.
- Subject’s Full Name: Before the notary provides their credentials, the complete name of the individual requiring notarization of their signature must be documented.
- Notary Seal and Signature: The notary must sign their name on this document, and their seal is mandatory, displaying essential details such as name, state, commission number, and expiration date. An embosser may be used in addition to a seal stamp.
- Proof of Identity: The notary may rely on personal knowledge if familiar with the subject, citing a reference like a neighbor. Otherwise, the paperwork the subject uses, such as a passport or state-issued ID, with the ID number and type recorded, serves as valid proof. After completion, the notary must provide the notarized paperwork to the subject. Keeping a record of notarial acts for themselves is advisable.