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Presence Requirement

Presence Requirement When Notarizing

The basic role of a notary public in our legal system and in the world of commerce is to prevent fraud. Notaries deter fraud when they perform their duties with diligence and obey the laws governing their duties.

The most basic requirement for performing a notarization is that the person who is taking an oath or making an acknowledgment (the one whose signature is being notarized) must be present at the time of
the notarization. The presence requirement refers to physical presence.

Florida Statutes section 117.107(9) provides that:

A notary public may not notarize a signature on a document if the person is not in the presence of the notary public at the time the signature is notarized.

There is no exception to the presence requirement.

 

Duties of a Notary Public

Notaries are authorized by law to perform six basic duties:

  • Administer oaths or affirmations
  • Take acknowledgments
  • Attest to photocopies of certain documents
  • Solemnize marriage
  • Verify vehicle identification numbers (VINs)
  • Certify the contents of a safe-deposit box

Fee Schedule

These are the maximum fees a notary public may charge for performing notarial acts*

Administering Oaths and Affirmations
$10.00 (per person)

Verifying a Vehicle Identification Number
$20.00

Taking an Acknowledgment
$10.00 (each signature)

Jurats
$10.00 (per person)

Protests
$10.00

Taking Inventory of a Safe-Deposit Box
$10.00

Certified Copy
$10.00 (per copy)

To Solemnize a Marriage (Perform a Marriage Ceremony)
$30.00

Each signature notarized is a notarial act. For example, if two people appear before the Notary and sign a document and an acknowledgment is taken, the fee is $20.00.

*Florida Law (E.S. 28.24 [29], 117.045 and 117.05[2])