Requirements for valid notarization in Florida
Short answer
A valid Florida notarization generally requires that the notary be properly commissioned, personally verify the signer’s identity, and complete the correct notarial certificate with the required elements. For paper notarizations, Florida also requires the notary’s official seal and signature; for online notarizations, the notary must comply with Florida’s online-notarization statute and applicable rules.[1][2][3][4][7]
Core Florida requirements
1. The notary must be properly commissioned and acting within authority
Florida notaries are appointed for a 4-year term and must be at least 18, a Florida legal resident, and able to read, write, and understand English.[2] A notary may not use a commission in any name other than the legal commissioned name, and may not notarize his or her own signature.[1][5]
2. The signer must personally appear before the notary
Florida generally requires the signer to be in the notary’s presence at the time of notarization. Florida’s prohibited-acts statute states that a notary may not notarize a signature if the person is not in the notary’s presence.[6]
For traditional notarizations, “presence” means physical presence.[4] For online notarizations, Florida permits appearance by audio-video communication technology, but only under Part II of Chapter 117.[3][4]
3. The notary must identify the signer with sufficient certainty
A notary may not notarize unless the notary personally knows the signer or has satisfactory evidence of identity.[1][5] Florida’s statute requires the notary to certify the type of identification relied on in the acknowledgment or jurat.[1][5]
Florida’s statute defines “personally knows” and “satisfactory evidence” and lists acceptable forms of ID and witness-based identification methods.[5]
4. The notarial act must be completed in proper certificate form
Florida requires a jurat or acknowledgment certificate in substantially the statutory form, and it must include the required elements, including venue, type of act, date, signer’s name, identification used, notary signature, printed name, and seal.[5]
5. The notary must sign and affix the correct seal
For paper documents, the seal must be the rubber stamp seal and must include:
The notary’s printed, typed, or stamped name must appear below the signature on the paper document.[1][5]
6. The document cannot be blank or incomplete, and the notary cannot have a disqualifying interest
Florida prohibits notarizing a blank or incomplete document, and a notary may not notarize a document involving the notary’s spouse, parent, or child, or where the notary has a disqualifying financial interest or is a party to the transaction.[6]
7. The notary must follow special rules for special circumstances
Florida imposes additional requirements for:
- signers who are blind,
- signers who sign by mark,
- signers with a disability who direct the notary to sign for them,
- photocopies and attestations of copy,
- online notarizations.[5][4]
Practical checklist
| Requirement | Paper notarization | Online notarization |
|---|---|---|
| Proper commission | Yes | Yes, plus online registration |
| Signer appearance | Physical presence | Audio-video communication technology |
| Identity verification | Personal knowledge or satisfactory evidence | Statutory online ID procedures |
| Certificate | Jurat or acknowledgment in statutory form | Same, with online notation |
| Seal | Rubber stamp seal required | Electronic seal/signature format under online rules |
| Notary’s signature | Required | Required electronically |
| Disqualifying interest | Prohibited | Prohibited |
Key statutes and rules
Florida’s core notary statute is Fla. Stat. § 117.05, which governs commission use, seal requirements, identity verification, certificates, and many practical requirements.[1][5]
Other important provisions include:
- Fla. Stat. § 117.01 for appointment and qualification of notaries.[2]
- Fla. Stat. § 117.05 for seal, identification, and certificate requirements.[1][5]
- Fla. Stat. § 117.107 for prohibited acts, including notarizing absent signers and blank documents.[6]
- Fla. Stat. § 117.201 for definitions used in online notarization.[4]
- Fla. Stat. § 117.021 and Fla. Stat. § 117.295 for electronic and online notarization standards.[3]
- Fla. Admin. Code R. 1N-5.002 for electronic signature requirements.[7]
Important caveat
A notarization can still be technically defective even if the underlying document remains enforceable in some contexts. Conversely, a properly notarized document may still have other substantive problems unrelated to notarization. The validity question often turns on the exact type of notarization, whether it was paper or online, and whether the certificate was completed correctly.