Free FL Notary Application Process Questions and Answers

Question 1

When do fees belong to an employee-notary?

Accepted 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).

Answer

Fees belong to the employer-notary for all acts.

Answer

Employees must return all fees to the client.

Answer

Notaries can keep all fees regardless of the circumstances.

Question 2

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

Accepted Answer

No

Answer

24 hours, 7 days a week, for 4 years until the expiry of their commission.

Answer

Yes. Such cost is deemed to be an expense of the agency. See sections 116.35 and 116.36, Florida Statutes

Answer

No, unless they are a licensed attorney.

Question 3

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

Accepted Answer

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

Answer

Only the notary is required to sign the marriage certificate.

Answer

Witness signatures are not necessary on a marriage certificate.

Answer

At least five witnesses should sign the marriage certificate.

Question 4

Can a Florida State notary solemnize marriages in different states?

Accepted Answer

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

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).

Answer

Those who make a false oath or affirmation is subject to charges of perjury.

Answer

Yes. Florida law provides that certain law enforcement officers or correctional officers may act as notaries in some instances. These officers are limited in what they are authorized to do in fact, they may only administer oaths "when engaged in the performance of official duties." See §117.10, Florida Statutes. For example, if they are conducting an investigation, they may take sworn statements from witnesses.

This law is applicable to the following officers:
Law enforcement officers
Correctional officers
Correctional probation officers
Traffic accident investigation officers
Traffic infraction enforcement officers

Question 5

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

Accepted Answer

Yes

Answer

Still no.

Answer

No

Answer

Yes. Any unauthorized use of a notary seal by a person who is not the lawfully commissioned notary public is a criminal offense. It is also unlawful for a person to possess a notary seal or commission certificate when that person is not the lawfully commissioned notary public. See sections 117.05(7) and (8).