FL Notary Notary Misconduct and Penalties 1 — Questions and Answers
Question 1: Under Florida law, which government official has the authority to suspend or revoke a notary's commission?
- The Florida Attorney General
- The Governor of Florida (Correct answer)
- The Florida Supreme Court
- The county sheriff
Correct answer: The Governor of Florida
The Governor of Florida has the authority to suspend or revoke a notary's commission for misconduct, malfeasance, or failure to comply with notary laws.
Question 2: Which of the following acts by a Florida notary constitutes 'official misconduct'?
- Charging a fee higher than the statutory maximum (Correct answer)
- Refusing to notarize for a customer during business hours
- Closing their notary office early
- Notarizing a document without requiring ID if the signer is well-dressed
Correct answer: Charging a fee higher than the statutory maximum
Charging fees above the maximum set by Florida law is a form of official misconduct that can result in discipline of the notary's commission.
Question 3: What is the maximum fee a Florida notary may charge for a single notarial act (as of the current statute)?
- $5.00
- $10.00 (Correct answer)
- $20.00
- $50.00
Correct answer: $10.00
Florida Statutes Section 117.05(2) sets the maximum notary fee at $10.00 per notarial act; charging more constitutes overcharging and is prohibited.
Question 4: A Florida notary who fails to require a signer to personally appear before them for a traditional notarization has committed which violation?
- A minor procedural error with no consequences
- Notarization without personal appearance — a serious statutory violation (Correct answer)
- An infraction only if the document causes harm
- A violation only if the notary charged a fee
Correct answer: Notarization without personal appearance — a serious statutory violation
Performing a notarial act without the signer's personal appearance is a serious violation of Florida law that can result in commission revocation and criminal charges.
Question 5: Under what circumstances may a Florida notary be found guilty of a third-degree felony related to notarial acts?
- Charging $15 instead of $10 per act
- Knowingly notarizing a forged or fraudulent document (Correct answer)
- Failing to record an act in a journal
- Using an outdated seal design
Correct answer: Knowingly notarizing a forged or fraudulent document
Knowingly notarizing a forged signature or fraudulent document can constitute a third-degree felony under Florida law due to participation in fraud.
Question 6: A complaint about a Florida notary's misconduct is initially filed with which entity?
- The county clerk's office
- The Florida Department of State, Division of Corporations (Correct answer)
- The Florida Bar
- The local police department
Correct answer: The Florida Department of State, Division of Corporations
Complaints about Florida notary misconduct are filed with the Department of State, which investigates and may refer serious cases to the Governor for commission action.
FL Notary Notary Misconduct and Penalties 1
Under Florida law, which government official has the authority to suspend or revoke a notary's commission?