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Common Questions
A Notary Public is an official of integrity appointed by state government, typically by the secretary of state, to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. These official acts are called notarizations, or notarial acts. Notaries deter fraud and establish that the signer knows what document they are signing, and that they are a willing participant in the transaction.
A Notary's duty is to screen the signers of important documents for their true identity, their willingness to sign without duress or intimidation, and their awareness of the contents of the document or transaction.
Florida statues authorize the following notarizations or notarial acts: Acknowledgements, Certified Copies, Inventorying a Safe-Deposit Box, Jurats, Marriages, Oaths and Affirmations, and Verifying a vehicle Identification Number.
A Notary may not choose the type of notarization on a signer’s behalf. This is considered the unauthorized practice of law.
Acknowledgement
A Florida Notary Public can take an Individual, Corporate, Official/Trustee, Partnership, Attorney in Fact, and a Disabled Person’s Acknowledgment.
The purpose of an acknowledgment is for a signer, whose identity has been verified, to declare to a Notary or notarial officer that they have willingly signed a document. The signer must be able to directly communicate with the Notary, without a translator.
An acknowledgment requires the following steps:
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The signer must physically appear before the Notary
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The Notary must positively identify the signer
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The signer may either sign the document before appearing before the Notary, or in the Notary’s presence
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The signer must declare (acknowledge) they are signing the document willingly and for the purpose intended
Jurat
A Florida Notary Public is authorized to notarizean Individual Jurat and a Disabled Person’s Jurat.
The purpose of a jurat is for a signer to swear to or affirm the truthfulness of the contents of a document to a Notary. The Notary administers an oath or affirmation to the affiant, who verifies the truths listed in the document, under penalty of perjury.
A jurat requires the following steps:
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The signer must personally appear (in-person or online) before the Notary and sign the document in the Notary’s presence
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The Notary must positively identify the signer.
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A spoken oath or an affirmation must be administered, and the signer must respond verbally. Non-verbal answers, such as a nod of the head or 'thumbs up" are unacceptable.
Which types of ID can I use?
A Florida Notary may identify a document signer through any one of the following listed below. The document must be VALID. If EXPIRED, it must have been issued within the past 5 years AND bear a serial or other identifying number. While one valid identification document or card may be sufficient to identify a signer, the Notary may ask for more.
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Florida driver license or identification card issued by the Department of Highway Safety & Motor Vehicles.
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U.S. passport issued by the U.S. Department of State.
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Foreign passport if stamped by the U.S. Citizenship and Immigration Services (USCIS).
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Driver license or non-driver ID issued by another U.S. state of territory.
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Driver's license officially issued in Mexico or Canada.
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U.S. military ID.
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Inmate ID issued on or after January 1, 1991, by the Florida Department of Corrections or Federal Bureau of Prisons (but only to identify prisoners in custody).
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A sworn , written statement from a sworn law enforcement officer explaining that an inmate’s IDs were confiscated upon incarceration, and that the person named in the document is the person whose signature is to be notarized.
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A veteran health identification card issued by U.S. Department of Veterans Affairs.
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A spoken oath or an affirmation must be administered, and the signer must respond out loud. Silent answers such as a nod of the head are unacceptable.
Unacceptable ID cards for identifying acknowledgers include, but are not limited to, birth certificates, Social Security cards, credit cards and driver licenses without photographs.
A Florida Notary Public is authorized to notarize Signature by Mark Jurat and a Signature by Mark Acknowledgement. Contact us for more information.
Some notarizations also require the Notary to place the signer under oath. The signer raises their right hand and declares, under penalty of perjury that the information contained in a document is true and correct, to the best of their knowledge or belief. Estate planning documents such as Last Will & Testament, Advance Care Directives and Powers of Attorney are examples of documents that may require a jurat.