HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1255 Notaries Public
SPONSOR(S): Civil Justice Subcommittee, Porras and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 16 Y, 0 N, As CS Mawn Jones
2) Justice Appropriations Subcommittee 14 Y, 0 N Saag Keith
3) Judiciary Committee
SUMMARY ANALYSIS
The law considers many documents to be of such importance that they must be signed in the presence of a
notary public to prevent fraud. A notary public is a public officer appointed and commissioned by the Governor
whose function is to take acknowledgements, administer oaths or affirmations, attest to the trueness of
photocopies of certain documents, and perform other duties as specified by Florida law.
A notary public may not notarize a signature on a document unless he or she personally knows, or has
satisfactory evidence, that the person whose signature is to be notarized is the individual who is described in
and who is executing the instrument. A notary public must produce a notarial certificate for each notarial act
performed, and must certify in the notarial certificate the type of identification, either based on personal
knowledge or other form of identification, upon which the notary public is relying to verify the principal’s identity.
In the case of an online notarization, the online notary public must also comply with the requirements set forth
in ch. 117, part II, F.S.
A notary public who falsely or fraudulently takes an acknowledgment of an instrument as a notary public; who
falsely or fraudulently makes a notarial certificate as a notary public; or who falsely takes or receives an
acknowledgment of the signature on a written instrument commits a third-degree felony. A notary public is also
prohibited from engaging in specified conduct, including notarizing a signature on a document if the person
whose signature is being notarized does not appear before the notary public either in person or by means of
audio-video communication technology at the time the signature is notarized. Any notary public who violates
this prohibition commits a civil infraction, punishable by a fine of up to $5,000, and such violation constitutes
malfeasance and misfeasance in the conduct of official duties. Further, it is no defense to the civil infraction
that the notary public acted without intent to defraud; however, a notary public who commits such infraction
with the intent to defraud makes a false or fraudulent acknowledgement and commits a third-degree felony.
CS/HB 1255:
Increases the criminal penalties associated with a false or fraudulent acknowledgement by a notary
public where the document notarized pertains to a real estate transaction or other real property
transfer.
Creates criminal penalties for the commission of a prohibited act by a notary public, which penalties
are increased where the document notarized is committed with an intent to defraud or pertains to a real
estate transaction or other real property transfer.
Removes a provision providing a civil penalty for the commission of a specified prohibited act by a
notary public.
The bill may have an indeterminate fiscal impact on state and local governments. See Fiscal Comments.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1255b.JUA
DATE: 2/5/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Notary Public: General Provisions
The law considers many documents to be of such importance that they must be signed in the presence
of a notary public to prevent fraud. A notary public is a public officer appointed and commissioned by
the Governor whose function is to take acknowledgements, administer oaths or affirmations, attest to
the trueness of photocopies of certain documents, and perform other duties specified by Florida law.1
Appointment
The Governor is authorized to appoint as many notaries public as he deems necessary; however, a
person so appointed must be at least 18 years of age, a legal Florida resident, and have the ability to
read, write, and understand English.2 An application for appointment as a notary public must be signed
and sworn to by the applicant and accompanied by specified fees.3
An applicant must also, before executing the duties of the office and throughout the term of office, give
bond, payable to any individual harmed as a result of the notary’s breach of duty while acting in his or
her official capacity, in the amount of $7,500, conditioned for the due discharge of the office.4 The bond
must be approved and filed with the Department of State (DOS) and executed by a surety company
authorized to do business in Florida.5 Further, an applicant must take an oath that he or she will
honestly, diligently, and faithfully discharge the duties of the notary public; as part of the oath, the
applicant must also swear that he or she has read ch. 117, F.S., and knows the duties, responsibilities,
limitations, and powers of a notary public.6
Once appointed, a notary may serve for four years, and no person may be automatically reappointed
as a notary; instead, the application process must be completed regardless of whether an applicant has
previously served as a notary.7 Further, the Governor may suspend a notary public on the grounds of
any malfeasance, misfeasance, or neglect of duty, which grounds include, but are not limited to:8
A material false statement on the application.
A complaint found to have merit by the Governor.
Failure to cooperate in or respond to an investigation regarding a complaint about a notary.
Official misconduct.
False or misleading advertising of notary public services.
Unauthorized practice of law.
Failure to timely report a change in business or home address or telephone number, or failure to
timely submit documentation to request an amended commission after a lawful name change.
Commission of fraud, misrepresentation, or any intentional violation of ch. 117, F.S.
Charging fees in excess of the statutorily-authorized fees.
Failure to maintain the required bond.
Duties of a Notary Public
1 Executive Office of the Governor, Governor’s Reference Manual for Notaries Pub lic, https://www.flgov.com/wp-
content/uploads/Notary_Reference_Manual_12.13.16.pdf (last visited Jan. 29, 2024).
2 S. 117.01, F.S.
3 S. 117.01, F.S.
4 Id.
5 Id.
6 Id.
7 Id.
8 Id.
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Florida law specifies the duties of a notary public. Specifically, a notary public may:
Administer oaths and affirmations;
Take acknowledgments;
Attest to photocopies of certain documents;
Solemnize marriages;
Verify vehicle identification numbers; and
Certify the contents of a safe-deposit box.9
However, a notary public may not charge a fee of more than $10 for any one notarial act.10
Notarial Certificates
When notarizing a signature, a notary public must complete a notarial certificate. 11 Such certificate
must identify:
The location of the notarization;
The type of notarial act performed;
A statement that the signer personally appeared physically before the notary public or by online
notarization at the time of the notarization;
The exact date of the notarial act;
The name of the person whose signature is being notarized;
The type of identification the notary public relied upon;
The notary’s official signature;
The notary’s name, which must be typed, printed, or stamped below the signature; and
The notary’s official seal12 affixed below or to either side of the notary’s signature. 13
A notary public may not notarize a signature on a document unless he or she personally knows, or has
satisfactory evidence, that the person whose signature is to be notarized is the individual who is
described in and who is executing the instrument. 14 A notary public must certify in the notarial certificate
the type of identification, either based on personal knowledge or other form of identification, upon which
the notary public is relying to verify the signatory’s identity, and, in the case of an online notarization,
the online notary public must comply with the requirements set forth in ch. 117, part II, F.S.15
Electronic Notarizations
Any document requiring notarization may be notarized electronically. 16 When notarizing a document
electronically, a notary public must use an electronic signature that is:
Unique to the notary public;
Capable of independent verification;
Retained under the notary public's sole control; and
Attached to or logically associated with the electronic document so that any subsequent
alteration to the electronic document displays alteration evidence. 17
When a signature must be accompanied by a notary public’s seal, the seal requirement is satisfied
when the electronic signature of the notary public contains the minimum information required.18 An
electronic signature may be any letters, characters, or symbols, manifested by electronic means,
9 Executive Office of the Governor, supra note 1; ch. 117, F.S.
10 S. 117.05(2), F.S.
11 S. 117.05(4), F.S.
12 The notary seal must be a rubber stamp that includes the words "Notary Public – State of Florida." It must also include the name of
the notary public, the date of expiration of the notary’s commission, and the notary’s commission number. S. 117.05(3), F.S .
13 S. 117.05(12), F.S.
14 Id.
15 Id.
16 S. 117.021, F.S.
17 Id.
18 Id.
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executed or adopted by a party with an intent to authenticate a writing; and a writing is electronically
signed if an electronic signature is logically associated with such writing. 19
However, in performing electronic notarizations, a notary must reasonably ensure the security,
reliability, and uniformity of such notarizations.20 To this end, the notary may use an authentication
procedure (such as a password, token, card, or biometric) to protect access to the notary's electronic
signature or the means for affixing the signature.21
False or Fraudulent Acknowledgements
A notary public who falsely or fraudulently takes an acknowledgment of an instrument as a notary
public; who falsely or fraudulently makes a certificate as a notary public; or who falsely takes or
receives an acknowledgment of the signature on a written instrument commits a third-degree felony.22
Prohibited Acts
Florida law prohibits a notary public from:23
Using a name or initial in signing certificates other than that by which the notary public is
commissioned.
Signing notarial certificates using a facsimile signature stamp unless the notary public has a
physical disability that limits or prohibits his or her ability to make a written signature and unless
the notary public has first submitted written notice to DOS with an exemplar of the facsimile
signature stamp.
Affixing his or her signature to a blank form of affidavit or certificate of acknowledgment and
delivering that form to another person with the intent that it be used as an affidavit or
acknowledgment.
Taking the acknowledgment of or administering an oath to a person whom the notary public
actually knows to have been adjudicated mentally incapacitated by a court of competent
jurisdiction, where the acknowledgment or oath necessitates the exercise of a right that has
been removed pursuant to s. 744.3215(2) or (3), F.S., pertaining to the rights of persons deems
incapacitated, and where the person has not been restored to capacity as a matter of record.
Notarizing a signature on a document if it appears that the person is mentally incapable of
understanding the nature and effect of the document at the time of notarization.
Taking the acknowledgment of a person who does not speak or understand the English
language, unless the nature and effect of the instrument to be notarized is translated into a
language which the person does understand.
Changing anything in a written instrument after it has been signed by anyone.
Amending a notarial certificate after the notarization is complete.
Notarizing a signature on a document if the document is incomplete or blank.
Notarizing a signature on a document if the person whose signature is to be notarized is the
spouse, son, daughter, mother, or father of the notary public.
Notarizing a signature on a document if the notary public has a financial interest in or is a party
to the underlying transaction.
Further, Florida law prohibits a notary from notarizing a signature on a document if the person whose
signature is being notarized does not appear before the notary public either in person or by means of
audio-video communication technology at the time the signature is notarized. 24 Any notary public who
violates this prohibition commits a civil infraction, punishable by penalty not exceeding $5,000, and
such violation constitutes malfeasance and misfeasance in the conduct of official duties. 25 Further, it is
19 Id.
20 Id.
21 Id.
22
A third-degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.;
S. 117.105, F.S.
23 S. 117.107, F.S.
24 Id.
25 Id.
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no defense to the civil infraction that the notary public acted without intent to defraud.26 However, a
notary public who violates this prohibition with the intent to defraud makes a false or fraudulent
acknowledgement and commits a third-degree felony.27
Online Notarization
Registration
A notary public may register as an online notary public with DOS if he or she:
Holds a current commission as a notary public;
Submits a copy of such commission with the registration;
Certifies that the notary public registering as an online notary public has completed a course
covering the online notary public duties, obligations, and technology requirements;
Pays a notary public registration fee;28
Identifies the Remote Online Notary (RON) service provider 29 whose audio-video
communication and identity proofing technologies the registrant intends to use for online
notarizations, and confirms that such technology and processes satisfy statutory requirements;
Provides evidence that the registrant has obtained a $25,000 bond, payable to any individual
harmed as a result of the registrant’s breach of duty as an online notary public; and
Provides evidence that the registrant acting in his or her capacity as an online notary public is
covered by a minimum $25,000 errors and omissions insurance policy. 30
Once registered, an online notary public may perform an online notarization, regardless of the physical
location of the principal at the time of the notarial act, as long as the notary public is physically located
in Florida while performing the online notarization and the online notary public complies with both the
general notarization and electronic notarization requirements provided in law.31 Further, an online
notary public may perform any function as an online notarization authorized under ch. 117, F.S., with
the exception of solemnizing matrimony rites,32 and if a notarization requires a principal33 to appear
before the online notary public, the principal may appear by means of audio-video communication
technology.
Technology Standards for Online Notarization
Florida law establishes minimum requirements for online notarization technology standards, as follows:
Identity proofing.34 The security characteristics, at a minimum, must present the principal with
five or more questions with a minimum of five possible answer choices per question. Each
question must be:
o Drawn from a third-party provider of public and proprietary data sources;
o Identifiable to the principal; and
o Subjected to a two-minute time constraint, with the principal answering at least 80
percent correct.35
Credential analysis.36 A