How to Notarize a Power of Attorney in Florida: IDs, Steps, and Cost

To notarize a power of attorney in Florida, the principal signs the document in a single session in front of two witnesses and a commissioned Florida notary, who verifies the principal’s identity, watches the signing (or takes an acknowledgment of the signature), and completes the notarial certificate with a seal. All three elements — the principal’s signature, two witness signatures, and notarization — must happen together for the document to be valid under Chapter 709 of the Florida Statutes.1Online Sunshine. Florida Statutes 709.2105 – Execution of Power of Attorney

Who Has to Be in the Room

Four people, at minimum: you (the principal), two witnesses, and the notary. The witnesses sign in the presence of the principal and each other, and the notary handles the acknowledgment at the same time. This is not a document you can sign at home and drop off later. The signing has to be a single event.

The two witnesses cannot be the notary. As a matter of good practice, they should not be the agent named in the document either. Anyone you bring as a witness needs to be present for the actual signing, not just available to sign afterward.

If you are physically unable to sign, the notary can sign your name on your behalf under Florida’s notary statute. Even in that situation, the two-witness requirement still applies.1Online Sunshine. Florida Statutes 709.2105 – Execution of Power of Attorney

What Identification You Need

The notary must confirm your identity before performing the acknowledgment, either through personal knowledge or through acceptable ID. Florida’s notary statute accepts a current Florida driver’s license, a U.S. passport, a military ID, a driver’s license from another state or U.S. territory, or several other government-issued documents. The ID must be current or issued within the past five years and carry a serial or identifying number.2Online Sunshine. Florida Statutes 117.05 – Use of Notary Commission

Bring the physical card. A photocopy or an expired document won’t satisfy the statute.

The Steps in Order

  1. Have the document drafted with all the provisions you need, including durability language if you want the authority to survive your incapacity. Do not sign it yet.
  2. Line up a notary and two witnesses. Notaries work at banks, UPS stores, law offices, and many other locations, and a commissioned Florida notary is authorized anywhere in the state.
  3. Bring a current government-issued photo ID from the list in the statute.
  4. Sign the document in the physical presence of both witnesses and the notary. The witnesses then sign in the presence of you and each other.
  5. The notary verifies your identity, completes the notarial certificate, signs, and applies the official seal.

What the Notary Fills In

The notarial certificate is not a rubber stamp. It has to contain each of these elements to satisfy the statute:

  • The state and county where the notarization takes place.
  • Whether the principal swore an oath or acknowledged the signature.
  • Confirmation that the signer appeared before the notary, either in person or through approved audio-video technology.
  • The exact date of the notarization.
  • The specific type of ID the notary relied on.
  • The notary’s signature, printed name, and official seal.

A certificate missing any of these creates grounds for a challenge later.2Online Sunshine. Florida Statutes 117.05 – Use of Notary Commission

Get the Durability Language Right Before You Sign

A Florida power of attorney is not automatically durable. If you want the document to remain effective after you lose mental capacity — which is often the whole reason people create one — it has to contain specific language stating that the authority survives your subsequent incapacity. The statute calls for wording such as “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes,” or language showing the same intent.3Online Sunshine. Florida Statutes 709.2104 – Durable Power of Attorney

Without that clause, the POA terminates the moment you lose capacity, and the notarization can’t fix a drafting problem afterward. Check the document for the durability language before you sit down with the notary.

One related boundary: Florida generally does not permit “springing” powers of attorney that lie dormant and take effect only on a future event such as incapacity. A POA drafted that way is ineffective under current law, with narrow exceptions.4Online Sunshine. Florida Statutes 709.2108 – When Power of Attorney Is Effective

What It Costs

Florida caps notary fees at $10 per notarial act for traditional in-person notarizations.2Online Sunshine. Florida Statutes 117.05 – Use of Notary Commission A power of attorney typically requires a single acknowledgment, so the notary fee itself is small. A notary who travels to you may add a separate travel or convenience fee, and a law office that drafts the document will charge separately for the legal work. Remote online notarization can carry different fees under a separate provision.

Notarizing Remotely by Audio-Video

Since January 2020, Florida has allowed remote online notarization (RON) through a secure audio-video platform. This is an option when you cannot travel to a notary because of a health issue, distance, or scheduling.5Florida Department of State. Remote Online Notary Public – Division of Corporations

Not every Florida notary can perform RON. The notary must register separately with the Florida Department of State, complete required training, contract with an approved RON technology vendor, carry a $25,000 surety bond, and hold an errors and omissions policy of at least $25,000.6Florida Senate. Florida Statutes 117.225 – Registration and Qualifications If you want to notarize remotely, ask your notary specifically whether they are registered for RON — a standard commission is not enough.

Identity verification for RON is more layered than in-person notarization, combining credential analysis of your ID with knowledge-based authentication questions. The witnesses still have to participate, and they can appear through the same audio-video platform. The notary must record the entire session and retain the recording, along with a secure electronic journal, for at least 10 years.7Florida Senate. Florida Statutes 117.245 – Electronic Journal of Online Notarizations

Why the Details Matter

A POA that fails any of Florida’s execution requirements can be challenged and declared invalid. If that happens, your agent loses the authority to act, financial transactions stall, healthcare decisions get blocked, and your family may have to open a guardianship proceeding to get someone legally authorized — the expensive, slow outcome a POA is meant to prevent.

The notary faces separate consequences for cutting corners. A notary who notarizes a signature without the signer being present commits a civil infraction carrying a penalty of up to $5,000, and the violation counts as official misconduct regardless of intent to defraud.8Florida Senate. Florida Statutes 117.107 – Prohibited Acts Because that misconduct is malfeasance in office, it can also support suspension or revocation of the notary’s commission by the Governor under a separate provision. If a notary acted with intent to defraud, criminal charges under a separate fraud statute apply as well.

The practical takeaway is short. Read the document before you sit down. Bring current ID. Sign everything in one session with the notary and both witnesses in the same room (or on the same video call, for RON). Confirm the notary filled in every element of the certificate and applied the seal before you leave.