What Can a Notary Do in Florida? Acts, Fees, and Limits

In Florida, a notary public can witness signatures and take acknowledgments, administer oaths and affirmations, certify that a photocopy matches an original, verify a vehicle identification number, inventory a safe-deposit box, and officiate a marriage. Those six acts are the full menu. Anything beyond that list — giving legal advice, explaining what a document means, notarizing a signature the notary did not see made — is outside a Florida notary’s authority.

The Notarial Acts a Florida Notary Can Perform

Florida statute defines exactly what a commissioned notary is authorized to do. The acts are narrow by design, and each one has its own procedure.

Acknowledgments. The signer appears before the notary and confirms they signed the document willingly. This is the act you see on deeds, contracts, and powers of attorney.

Oaths and affirmations. The notary places the person under a spoken promise to tell the truth. Affidavits, depositions, and sworn statements all rely on this.

Attesting to photocopies. A notary can certify that a photocopy is a true copy of an original document such as a driver’s license or diploma. Vital records like birth and death certificates are excluded, as is any public record where the issuing agency itself provides certified copies.¹

Vehicle identification number verification. When someone applies for a new title on a used vehicle, a notary can inspect the vehicle and verify the VIN.

Safe-deposit box inventory. If a bank drills open a safe-deposit box because the renter has stopped paying, a notary can be present to certify the inventory of the contents.

Solemnizing marriage. Florida notaries can legally officiate a wedding ceremony for any couple holding a valid Florida marriage license.² This authority is unusual — most states do not permit notaries to perform marriages at all.

What a Florida Notary Can Charge

Florida caps notary fees. For most acts, the ceiling is $10 per notarial act.³ Two exceptions apply. For officiating a wedding, a notary may charge up to the same fee the clerk of the circuit court charges for the equivalent service.² For remote online notarization, the cap rises to $25 per act.⁴

One service must be free. If a voter asks a notary to witness a vote-by-mail ballot, no fee can be charged.³ Charging above these caps is grounds for the Governor to suspend the commission.

Remote Online Notarization

Florida also authorizes remote online notarization, or RON. A notary who has separately registered with the state can perform the same set of acts through live audio-video technology instead of in person. The notary must be physically located in Florida during the session, but the signer can be anywhere in the world.⁵

From the signer’s side, the process runs through a secure platform. You upload the document, join a live video call, present a government-issued photo ID on camera, and answer knowledge-based authentication questions drawn from public records to confirm your identity.⁶ Once the notary is satisfied, you apply an electronic signature and the notary attaches an electronic seal and digital certificate that make the document tamper-evident.

Every RON session is recorded and kept for at least 10 years, along with the notary’s electronic journal logging the date, act, signer’s name and address, and how identity was verified.⁷

What a Florida Notary Cannot Do

This is where a lot of people get burned, especially in communities where “notario público” means something closer to a licensed attorney. In Florida, a notary has no legal training requirement and no authority to act as one. Specifically:

No legal advice. A Florida notary cannot advise you on what a document means, whether you should sign it, or how to fill it out. Doing so is unauthorized practice of law, a third-degree felony carrying up to five years in prison.⁸ Florida also prohibits notaries from advertising themselves as “notario” or “immigration consultant” to prevent Spanish-speaking residents from being misled into thinking a notary can handle an immigration case.

No notarizing without the signer present. A notary cannot notarize a signature unless the signer is physically in front of them or connected through an authorized online notarization platform. A phone call, a faxed page, or a third party’s assurance is not enough. Violating this rule is a civil infraction carrying a penalty of up to $5,000, and if fraud was intended, criminal charges follow.⁹

No blank or incomplete documents. A notary cannot notarize a signature on a document with blanks still to be filled in. The one narrow exception involves endorsements or assignments in blank on negotiable instruments, which follow separate commercial rules.⁹

No signers who cannot understand what they’re signing. If the person has been legally declared mentally incapacitated, or appears unable to understand the document at the time of signing, the notary must decline. If the signer does not speak English, the nature and effect of the document has to be translated into a language the signer understands before the notary can proceed.

No altering the document or the certificate. After a document is signed, a notary cannot change anything in it, and cannot amend the notarial certificate once the notarization is complete. The notary also has to sign using exactly the name under which they were commissioned — no nicknames or altered initials.⁹

Identification the Signer Must Bring

Before any notarization happens, the notary has to confirm who you are. Florida law accepts two paths: the notary personally knows you, or you present satisfactory evidence of identity.

Acceptable photo ID must be government-issued, current or issued within the past five years, and carry a serial or identifying number. The usual options are:

If you have no acceptable ID, there is a backup. One credible witness personally known to the notary can provide a sworn written statement vouching for your identity. Alternatively, two credible witnesses can do the same if they can prove their own identities to the notary. In either case, the witnesses have to swear that they personally know you, that you cannot reasonably obtain acceptable identification, and that they have no financial interest in the transaction.³ The bar is deliberately high; casual recognition does not qualify.

Where the Notary’s Authority Reaches

A Florida commission is valid anywhere within the state’s borders. There is no county-level restriction, and no requirement that the document itself relate to Florida. What the commission does not do is authorize practice outside the six acts above, or extend any legal expertise to the person holding it. If your document needs advice, drafting, or interpretation, that is a job for a lawyer. If it needs a signature witnessed under oath, a notary is the right person — and now you know exactly what that will and will not include.

1
Florida Senate. Florida Code 117.05 – Use of Notary Commission, Sincerely Held Religious Beliefs, Notary Fee, Seal, Journal, Prohibited Acts
2
Florida Senate. Florida Code 117.045 – Marriages
3
The Florida Legislature. Florida Code 117.05 – Use of Notary Commission, Sincerely Held Religious Beliefs, Notary Fee, Seal, Journal, Prohibited Acts
4
The Florida Legislature. Florida Code 117.275 – Fees for Online Notarization
5
The Florida Legislature. Florida Code 117.209 – Authority to Perform Online Notarization, Requirements
6
Florida Senate. Florida Code 117.201 – Definitions
7
The Florida Legislature. Florida Code 117.245 – Electronic Journal of Online Notarizations
8
The Florida Legislature. Florida Code 454.23 – Penalties
9
The Florida Legislature. Florida Code 117.107 – Prohibited Acts