Free FL Notary Application Process Questions and Answers — Questions and Answers
Question 1: When do fees belong to an employee-notary?
- 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). (Correct answer)
- Fees belong to the employer-notary for all acts.
- Employees must return all fees to the client.
- Notaries can keep all fees regardless of the circumstances.
Correct 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).
According to Florida Statute 117.05(2), fees for notarial acts performed by an employee-notary belong to them only when the acts are conducted outside of their regular working hours and capacity of employment. If the notarial act is performed during work hours as part of their job, the fees typically belong to the employer. This distinction clarifies ownership of notarial fees based on the context of the service.
Question 2: Is a notary allowed to notarize a copy of a birth certificate or any vital or public record?
- 24 hours, 7 days a week, for 4 years until the expiry of their commission.
- No (Correct answer)
- Yes. Such cost is deemed to be an expense of the agency. See sections 116.35 and 116.36, Florida Statutes
- No, unless they are a licensed attorney.
Correct answer: No
Florida law prohibits notaries from certifying copies of vital records, such as birth certificates, or any public record. These documents must be obtained as certified copies directly from the issuing government agency. This restriction helps prevent fraud and ensures the authenticity of official government documents.
Question 3: How many witnesses other than the notary are recommended to sign the marriage certificate?
- Only the notary is required to sign the marriage certificate.
- Two witnesses are recommended in case proof of the marriage ceremony is ever needed. (Correct answer)
- Witness signatures are not necessary on a marriage certificate.
- At least five witnesses should sign the marriage certificate.
Correct answer: Two witnesses are recommended in case proof of the marriage ceremony is ever needed.
While Florida law allows a Notary Public to solemnize marriages, it is strongly recommended that two witnesses, in addition to the notary, sign the marriage certificate. Although not always strictly mandated for the notary's part, having witnesses provides crucial corroborating evidence of the marriage ceremony. This practice helps ensure the legal validity and provides proof of the marriage should it ever be challenged or questioned.
Question 4: Can a Florida State notary solemnize marriages in different states?
- 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).
- Those who make a false oath or affirmation is subject to charges of perjury.
- 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
- No, the marriage has to be within the geographical bounds of the United States. (Correct answer)
Correct answer: No, the marriage has to be within the geographical bounds of the United States.
A Florida State notary's commission grants them authority only within the geographical boundaries of the State of Florida. Therefore, a Florida notary cannot solemnize marriages or perform any other notarial acts in different states. Their jurisdiction is strictly limited to the state in which they are commissioned.
Question 5: Is the notary responsible for securing the notary seal against misuse?
- Still no.
- No
- Yes (Correct 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).
Correct answer: Yes
A Florida Notary Public is legally responsible for securing their notary seal against misuse. Unauthorized possession or use of a notary seal by someone other than the commissioned notary is a criminal offense, as outlined in Florida Statute 117.05(7) and (8). This responsibility ensures the integrity and security of notarial acts and prevents fraudulent activities.
Free FL Notary Application Process Questions and Answers
When do fees belong to an employee-notary?