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Application Process Flashcards

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  1. When do fees belong to an employee-notary?

    Answer: For any notarial act outside of regular working hours and capacity of their employment. See sections 117.05(2), 117.045, and 28.24(29).

    According to Florida Statute 117.05(2), fees for notarial acts performed by an employee-notary belong to them only when the acts are conducted outside of their regular working hours and capacity of employment. If the notarial act is performed during work hours as part of their job, the fees typically belong to the employer. This distinction clarifies ownership of notarial fees based on the context of the service.

  2. Is a notary allowed to notarize a copy of a birth certificate or any vital or public record?

    Answer: No

    Florida law prohibits notaries from certifying copies of vital records, such as birth certificates, or any public record. These documents must be obtained as certified copies directly from the issuing government agency. This restriction helps prevent fraud and ensures the authenticity of official government documents.

  3. How many witnesses other than the notary are recommended to sign the marriage certificate?

    Answer: Two witnesses are recommended in case proof of the marriage ceremony is ever needed.

    While Florida law allows a Notary Public to solemnize marriages, it is strongly recommended that two witnesses, in addition to the notary, sign the marriage certificate. Although not always strictly mandated for the notary's part, having witnesses provides crucial corroborating evidence of the marriage ceremony. This practice helps ensure the legal validity and provides proof of the marriage should it ever be challenged or questioned.

  4. Can a Florida State notary solemnize marriages in different states?

    Answer: No, the marriage has to be within the geographical bounds of the United States.

    A Florida State notary's commission grants them authority only within the geographical boundaries of the State of Florida. Therefore, a Florida notary cannot solemnize marriages or perform any other notarial acts in different states. Their jurisdiction is strictly limited to the state in which they are commissioned.

  5. Is the notary responsible for securing the notary seal against misuse?

    Answer: Yes

    A Florida Notary Public is legally responsible for securing their notary seal against misuse. Unauthorized possession or use of a notary seal by someone other than the commissioned notary is a criminal offense, as outlined in Florida Statute 117.05(7) and (8). This responsibility ensures the integrity and security of notarial acts and prevents fraudulent activities.

Application Process Flashcards โ€” FL NOTARY Study Cards with Answers