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Notary Misconduct and Penalties Flashcards

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  1. A Florida notary who advertises notary services in a language other than English must include which disclaimer?

    Answer: A statement that they are not an attorney and cannot give legal advice

    Florida law requires notaries who advertise in languages other than English to prominently state that they are not attorneys and cannot give legal advice, to prevent the 'notario publico' misconception.

  2. What is the 'notario publico' problem that Florida's advertising disclaimer law addresses?

    Answer: Non-attorneys posing as lawyers because 'notario publico' implies attorney status in some Latin American cultures

    In many Latin American countries, a 'notario publico' is an attorney with advanced legal authority; Florida's disclaimer law prevents immigrants from mistakenly believing a U.S. notary has similar legal expertise.

  3. A Florida notary who is also an attorney may do which of the following that a non-attorney notary may NOT?

    Answer: Provide legal advice and prepare legal documents

    A Florida notary who is also a licensed attorney may provide legal advice and prepare legal documents in their capacity as an attorney, but not as a notary.

  4. Which action could result in a Florida notary's commission being permanently revoked (rather than suspended)?

    Answer: Criminal conviction for fraud or moral turpitude

    A criminal conviction for fraud, dishonesty, or moral turpitude can result in permanent revocation of a Florida notary's commission by the Governor.

  5. A Florida notary signs a blank notarial certificate and gives it to a third party to fill in later. This constitutes:

    Answer: Serious misconduct — pre-signing blank certificates is illegal and fraudulent

    Pre-signing blank notarial certificates is a serious violation that can expose the notary to criminal liability for fraud, as it enables false notarizations.

  6. What must a Florida notary do if they are convicted of a felony?

    Answer: Self-report the conviction to the Department of State

    Florida notaries are expected to self-report felony convictions to the Department of State, which can trigger review and potential revocation of their commission.