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Section 4 - Authorized Duties Florida notaries are authorized to perform several notarial duties. It is essential that you understand each of these duties so that you can properly handle your responsibilities. A. Terminology Before we discuss the duties of a notary public, you should understand certain terms and know that sometimes, there is a misconception. "Notarize a Signature. " The saying "notarize a signature" is a general term that is used in the notary law. Unfortunately though, most notaries and the general public use that term very loosely. Nothing is wrong with it except that it is perceived all notaries do is "witness signatures." Obviously, this is an inaccurate perception. What is really meant is that a notary performs a specific notarial act. They either administer an oath to the signer or the take an acknowledgment from the signer. These two notarial acts are known as "notarizing a signature." "Notarize a Document. " Notaries "notarize documents. " What this means is that notaries notarize signatures or perform notarial acts for the person signing a document. A document cannot take an oath or make an acknowledgment. Remember that the notary is notarizing the signer's signature and not the document. Again, it is common to hear the term "notarize documents." Though these terms are not technically correct, using them is acceptable as long as you, the notary, understand the true definition. "Notarial Certificate. " When you notarize, the notary will complete a notarial certificate. This is the wording at the bottom of the document that the notary fills out. A document that requires a notarization should have three elements:
"Notarization. " For a notarization to be proper and complete, you must follow the requirements of the law. This includes the completion of the notarial certificate and notarizing while the person is present. B. Administering Oaths and Affirmations Definition of "Oath. " An oath is a pledge made by a person signifying that he/she is responsible to a Supreme Being for telling the truth. The person is making a statement that can be either written or oral. Also, the person is swearing that the information contained in the statement is true. Affirmation. Those people, who object to taking an oath because of a religious objection, may prefer to make an affirmation. With an affirmation, the person is bound by his/her own conscience to be truthful. Note that an affirmation is legally equivalent to an oath, but instead of saying, "I swear that the information in this document is true," the person would say, "I affirm that the information is true." Perjury. If a person makes a false affirmation or a false oath, the person has committed perjury. Perjury is a crime that can result in a prison sentence and/or a fine of up to $5,000. If a person lies to you when under oath or under affirmation, he/she has committed perjury and the consequences are severe. This tells you how important your responsibility as a notary is. Administering an Oath or Affirmation. When administering an oath or affirmation, you must follow several steps that are required by law.
Feel free to use any of these examples to create your own notarial certificate. STATE OF FLORIDA COUNTY OF __________ Sworn to (or affirmed) and subscribed before me this _____ day of __________, (year) , by (name of person making statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ C. Taking Acknowledgments Definition of "Acknowledgement. " What is the difference between an oath and an acknowledgment? An oath, as we've already said, requires that the person swear that all the information is true, or the person may affirm that information. An acknowledgment does not require an oath or affirmation. An acknowledgement is a declaration that the person has executed the document voluntarily. When you take an acknowledgment, you want to make sure that the person has not been coerced and the execution of this document is a voluntary act. On some documents, you may see in the notarial certificates the phrase, "his free act and deed. " An acknowledgment demonstrates that there is an understanding of the document and a desire by the signer to fulfill the contents or the contractual agreement. Types of Documents. You usually see acknowledgments on most real estate transactions, deeds, contracts, powers of attorney or any type of document where a person has to agree to some particular terms of the document. Taking an Acknowledgement. How do you take an acknowledgment?
STATE OF FLORIDA COUNTY OF __________ The foregoing instrument was acknowledged before me this _____ day of __________, (year) , by (name of person acknowledging) . (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ Acknowledgment in a Representative Capacity. It may be necessary in some cases for someone to sign in a representative capacity. The signer may be an officer for a corporation, a partner in a general partnership, a guardian or even an attorney in fact. The following example is the type of certificate language that you would use. STATE OF FLORIDA COUNTY OF __________ The foregoing instrument was acknowledged before me this _____ day of __________, (year) , by (name of person) as (type of authority, . . . e. g. officer, trustee, attorney in fact) for (name of party on behalf of whom instrument was executed) . (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ D. Taking Depositions and Affidavits Taking Depositions. A deposition is an oral testimony where one or more attorneys question a person about his or her knowledge of certain facts in the presence of a court reporter who records the exact words of the parties involved. The deposition may be transcribed later and filed in court as part of an official proceeding. Notaries may administer an oath to the deponent who will give sworn testimony about a particular matter pending before a court. The notary asks the deponent: "Do you solemnly swear (or affirm) under the penalties of perjury that the testimony you are about to give in this matter is the truth, the whole truth, and nothing but the truth (so help you God)? " The deponent will normally answer, "yes, " "I do," or "I will," or make some gesture or written statement of agreement. Just like you do when you administer an oath for a written document, make a journal entry for an oral deposition of for an Oath of Office. These notarial acts should be recorded with a notation about the special circumstances of your notarial service. Affidavits. An affidavit is a written statement by a person who asserts the statement to be true and makes the assertion upon oath or affirmation. It is a declaration in writing, signed by the signer and sworn to or affirmed under penalties of perjury in an oral declaration. Again, this is done in the presence of the notary. Below is an example of an affidavit. STATE OF FLORIDA COUNTY OF __________ Sworn to (or affirmed) and subscribed before me this _____ day of __________, (year) , by (name of person making statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ E. Attesting Copy Certifications Florida notaries may only "attest" (attest means witness) to copies of original documents. Often, your customer will ask you to "certify a copy. " That is the generic phrase used when someone wants you to use your notary seal to "let the world know" that the document copy they are presenting is an authentic copy. You will be asked to "certify a copy" of a birth certificate, college diploma, school records, job applications, bank loan applications, and etc…There are any number of requests that you could receive in which the customer wants you to "certify" their copy. The reality is that notaries in Florida are NOT allowed to make certified copies of documents in which the "original" document is held by a governmental or other entity, a so-called vital record or public record. It's best to explain this using a real life example. For example, when a customer presents you his/her birth certificate and they ask for a certified copy, you must refuse. The document in their possession is more than likely a certified copy of their birth certificate. The only "original" birth certificate would be in their state's Office of Vital Statistics or perhaps the Clerk's office in the county they were born. Sometimes explaining to the customer that law prohibits you from certifying a copy of their birth certificate can be difficult. You can suggest that they contact the state Vital Statistics office in which they were born to find the easiest method to get the copy they need. Only governmental entities, Clerk's offices, or private corporations using their private seal can truly "certify" copies. It's best to think before you act in the case of attesting to copies of documents. Think about "who has the original" of the document that is being presented to you. The following list should serve as a guide to assist you in directing your customers. Driver's License – The customer has their original so it's ok for you to attest to copy. Birth Certificate – The original is in the Vital Statistics office where the customer was born, so refer customer to that office either online or through telephone information. If the customer is foreign born, they can contact their embassy office. Death Certificate – This is the same as the Birth Certificate. College or High School Diploma- The customer has their original so it's ok for you to attest to copy. College or High School Transcripts- The school has the original, so refer your customer to the school registrar's office Medical Records- The doctor's office has the original, so refer your customer to the doctor's office. Real Estate Deed-The clerk's office has the original, so refer your customer to the Clerk's office. Certified Copies of Passports. The U. S. Department of State will not issue a certified copy of a passport and advises individuals to obtain a certified copy from a notary public. The Department of State also advises that the notary must have a notarized affidavit from the bearer of the passport stating that the passport to be copied actually belongs to the bearer. The notary may notarize the signature of the bearer on the sworn statement or accept a statement that has been notarized by another notary. The notary must photocopy every page of the original passport and complete the notarial certificate for making a certified copy. Remember to make two copies so that you can retain a copy for your own notarial records. Then, record the notarial act in your journal. The following Passport Affidavit and Certificate of Certified Copy should be sufficient in properly certifying a photocopy of an U. S. Passport. STATE OF FLORIDA COUNTY OF __________ On this _____ day of __________, (year) , I attest that the preceding or attached document is a true, exact, complete, and unaltered photocopy made by me of (description of document) presented to me by the documents custodian, ____________________, and, to the best of my knowledge, that the photocopied document is neither a vital record nor a public record, certified copies of which are available from an official source other than a notary public. (Official Notary Signature and Notary Seal) (Name of Notary Typed, Printed or Stamped) F. Solemnizing Marriage (Performing a Marriage Ceremony) Notaries in Florida, South Carolina and Maine are authorized to perform marriages. You will learn about the procedures of performing a marriage in Section V. G. Verifying a Vehicle Identification Number (VIN) Florida Law allows notaries to verify a vehicle identification number as a means to prevent fraud when vehicles change owners. The Florida Department of Highway Safety and Motor Vehicles has a specific form that must be completed by the owner of the car ensuring the VIN and the odometer reading at the time of the car sale. Most notaries that work with car titles have experience in the usage of these forms and performing this task. It is our recommendation that if you are not experienced with using this form, that you refer your customer to the closest law enforcement agency or tax collector office. H. Opening Safe Deposit Boxes and Other Duties Opening Safe Deposit Boxes. Notaries have an additional duty that they can perform when it is necessary to open a safe deposit box. Occasionally, people who rent a safe deposit box will fail to pay the rental fees on time and the law provides a procedure that allows safe deposit companies (or the lessor) to have the box opened, remove the contents and rent it to somebody else. The way that the law ensures that this procedure remains honest is to require a neutral notary along with another witness to be present when the box is opened. The notary cannot be an employee, officer, director or stockholder of the lessor (bank). The other witness must be an officer, manager, or assistant manager of the lessor (bank). Procedure. A locksmith opens the box. Then the contents of the box are removed and placed in a sealed envelope or container bearing the name of the lessee and the date of the opening. An inventory form is completed and signed by all the parties present and the notary notarizes all signatures. Each of the individuals will swear or affirm in an affidavit on the inventory record form that the statement of circumstances and list on contents are accurate. The notary should add a copy of this certificate to the package. Florida law says that the lessor retains the box contents for up to two years and may then auction the contents. Also, remember to record this act in your journal. We suggest that you have the officer or manager and the locksmith sign your journal.
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