FL Notary Notary Duties and Responsibilities 2 — Questions and Answers
Question 1: What action must a Florida notary take if asked to notarize a document in a language they do not understand?
- Use an interpreter to translate the document
- Notarize it if the signer explains the contents verbally
- Refuse to notarize unless they can identify the type of document (Correct answer)
- Proceed as long as acceptable identification is presented
Correct answer: Refuse to notarize unless they can identify the type of document
A notary may decline to notarize a document in an unfamiliar language if they cannot determine whether it is appropriate to notarize, though they can proceed if able to identify the document type and act.
Question 2: When may a Florida notary notarize a document for a family member?
- Never, under any circumstances
- Only if the notary has no financial interest in the transaction (Correct answer)
- Always, as long as proper ID is presented
- Only for immediate family such as spouses
Correct answer: Only if the notary has no financial interest in the transaction
Florida law does not prohibit notarizing for family members, but a notary should not notarize any document in which they have a direct financial or beneficial interest.
Question 3: What is a Florida notary's obligation when a signer cannot physically sign their name?
- Refuse the notarization entirely
- Allow a mark or signature by another person at the signer's direction in the presence of two witnesses (Correct answer)
- Accept a verbal oath only
- Have the signer's attorney sign on their behalf
Correct answer: Allow a mark or signature by another person at the signer's direction in the presence of two witnesses
Florida law allows a notary to notarize a document signed with a mark, or signed by another at the physically-impaired signer's direction, in the presence of two witnesses.
Question 4: A Florida notary who performs a notarial act knowing the signer is using a false name may face which consequence?
- A written warning from the Governor's office
- Civil liability and possible criminal charges (Correct answer)
- Suspension of notary fees only
- Mandatory retraining with no other penalty
Correct answer: Civil liability and possible criminal charges
Knowingly notarizing for a signer using a false identity exposes the notary to civil liability and potential criminal prosecution for fraud or official misconduct.
Question 5: Florida notaries are authorized to certify copies of which type of document?
- Birth certificates issued by the state
- Passports
- Non-recordable documents such as private contracts (Correct answer)
- Vital records kept by the county clerk
Correct answer: Non-recordable documents such as private contracts
Florida notaries may certify copies only of non-recordable documents; certified copies of vital records (birth, death, marriage) must be obtained from the issuing government agency.
Question 6: What is the correct term for a notary's act of confirming that a signer personally appeared and swore an oath?
- Acknowledgment
- Jurat (Correct answer)
- Apostille
- Attestation
Correct answer: Jurat
A jurat is the notarial act in which the notary certifies that the signer appeared, was administered an oath or affirmation, and signed the document in the notary's presence.
FL Notary Notary Duties and Responsibilities 2
What action must a Florida notary take if asked to notarize a document in a language they do not understand?