FL Notary Notary Duties and Responsibilities 1 — Questions and Answers
Question 1: What is a Florida notary's primary duty when performing a notarial act?
- To certify the signer's identity and willingness (Correct answer)
- To provide legal advice to the signer
- To guarantee the accuracy of the document's content
- To witness the document being drafted
Correct answer: To certify the signer's identity and willingness
A Florida notary's primary duty is to verify the signer's identity and confirm they are signing willingly and without duress.
Question 2: Which of the following is a Florida notary PROHIBITED from doing?
- Refusing to notarize a document they suspect is fraudulent
- Charging a fee for notarial services
- Providing legal advice or preparing legal documents (Correct answer)
- Administering oaths
Correct answer: Providing legal advice or preparing legal documents
Florida notaries are prohibited from practicing law, which includes providing legal advice or preparing legal documents unless they are licensed attorneys.
Question 3: A Florida notary must be physically present with the signer during which type of notarization?
- Remote Online Notarization
- Traditional in-person notarization (Correct answer)
- Electronic notarization via email
- Apostille certification
Correct answer: Traditional in-person notarization
Traditional in-person notarization requires the notary and signer to be in each other's physical presence at the time of the notarial act.
Question 4: What must a Florida notary do if a signer appears confused or does not understand what they are signing?
- Proceed and note it in the journal
- Explain the document's legal meaning
- Refuse to perform the notarization (Correct answer)
- Contact an attorney on the signer's behalf
Correct answer: Refuse to perform the notarization
A notary must refuse to notarize if the signer appears mentally incapacitated or does not understand the transaction, as this indicates lack of willingness or understanding.
Question 5: Florida notaries are required to keep which of the following updated at all times?
- A list of all clients served
- Their current mailing address on file with the Governor's office (Correct answer)
- A copy of every document they notarize
- Their legal name registered with the Florida Bar
Correct answer: Their current mailing address on file with the Governor's office
Florida notaries must notify the Department of State of any address change within a specified period to ensure official correspondence is received.
Question 6: Which statement best describes a Florida notary's responsibility regarding document content?
- The notary guarantees the document is legally enforceable
- The notary certifies only the identity and signature of the signer, not the document's content (Correct answer)
- The notary must review and approve all document language
- The notary shares legal liability for false statements in the document
Correct answer: The notary certifies only the identity and signature of the signer, not the document's content
A notary certifies the identity of the signer and the authenticity of the signature, not the truthfulness or legality of the document's contents.
What is a Florida notary's primary duty when performing a notarial act?