FL Notary Notary Misconduct and Penalties 2 — Questions and Answers
Question 1: A Florida notary who advertises notary services in a language other than English must include which disclaimer?
- A statement that fees are charged per act
- A statement that they are not an attorney and cannot give legal advice (Correct answer)
- A statement that services are available to all persons regardless of nationality
- A translation of the state seal into the advertised language
Correct answer: A statement that they are not an attorney and cannot give legal advice
Florida law requires notaries who advertise in languages other than English to prominently state that they are not attorneys and cannot give legal advice, to prevent the 'notario publico' misconception.
Question 2: What is the 'notario publico' problem that Florida's advertising disclaimer law addresses?
- Notaries overcharging for bilingual services
- Non-attorneys posing as lawyers because 'notario publico' implies attorney status in some Latin American cultures (Correct answer)
- Notaries practicing immigration law without a license
- Notaries using foreign seals in U.S. documents
Correct answer: Non-attorneys posing as lawyers because 'notario publico' implies attorney status in some Latin American cultures
In many Latin American countries, a 'notario publico' is an attorney with advanced legal authority; Florida's disclaimer law prevents immigrants from mistakenly believing a U.S. notary has similar legal expertise.
Question 3: A Florida notary who is also an attorney may do which of the following that a non-attorney notary may NOT?
- Charge higher notary fees
- Provide legal advice and prepare legal documents (Correct answer)
- Notarize their own documents
- Perform RON without registering with the state
Correct answer: Provide legal advice and prepare legal documents
A Florida notary who is also a licensed attorney may provide legal advice and prepare legal documents in their capacity as an attorney, but not as a notary.
Question 4: Which action could result in a Florida notary's commission being permanently revoked (rather than suspended)?
- Overcharging by $5 on two separate occasions
- Criminal conviction for fraud or moral turpitude (Correct answer)
- Forgetting to update their address with the state
- Performing a notarization for a family member
Correct answer: Criminal conviction for fraud or moral turpitude
A criminal conviction for fraud, dishonesty, or moral turpitude can result in permanent revocation of a Florida notary's commission by the Governor.
Question 5: A Florida notary signs a blank notarial certificate and gives it to a third party to fill in later. This constitutes:
- A standard practice when the notary is unavailable for a follow-up
- Serious misconduct — pre-signing blank certificates is illegal and fraudulent (Correct answer)
- An acceptable shortcut for trusted clients
- A minor procedural violation with only a written warning penalty
Correct answer: Serious misconduct — pre-signing blank certificates is illegal and fraudulent
Pre-signing blank notarial certificates is a serious violation that can expose the notary to criminal liability for fraud, as it enables false notarizations.
Question 6: What must a Florida notary do if they are convicted of a felony?
- Nothing — criminal convictions do not affect notary commissions
- Self-report the conviction to the Department of State (Correct answer)
- Immediately cease all notarial acts and surrender their seal
- Request a hearing before the Governor within 30 days
Correct answer: Self-report the conviction to the Department of State
Florida notaries are expected to self-report felony convictions to the Department of State, which can trigger review and potential revocation of their commission.
FL Notary Notary Misconduct and Penalties 2
A Florida notary who advertises notary services in a language other than English must include which disclaimer?