What is a Notary Public?

Notaries public in and for the State of Florida are legally empowered to:

• Administer an oath (or affirmation) and make a certificate thereof when it is necessary for the execution of any writing or document to be published under the seal of a notary public. §§ 92.50(1), 92.52, 117.03, Fla. Stat.

• Take the acknowledgments of deeds and other instruments of writing for record. §§ 92.50(1), 117.04, Fla. Stat.

• Take affidavits. §92.50(1), Fla. Stat.

• Solemnize the rites of matrimony. §§ 117.045, 741.07(1), Fla. Stat.

• Supervise the making of a copy of a tangible or an electronic record or the printing of an electronic record and attest to the trueness of the copy or of the printout, provided the document is neither a vital record in this state, another state, a territory of the United States, or another country, nor a public record, if a copy can be made by the custodian of the public record. § 117.05(12)(a), Fla. Stat.

• Conduct a physical examination of a motor vehicle to verify its vehicle identification number (which is certified on a form approved by the Department of Highway Safety and Motor Vehicles). § 319.23(3)(a)2., Fla. Stat.

• Witness the opening of a safe-deposit box in the presence of an officer of the financial institution, and execute a certificate reciting the name of the box lessee, the date the box was opened, and a list of its contents. § 655.94(1), Fla. Stat.

• Protest drafts (e.g., checks) for nonacceptance and notes (e.g., promissory notes, mortgage notes) for nonpayment. This act should only be performed by notaries working for a financial institution or under the supervision of a licensed attorney. § 673.5051(2), Fla. Stat.

Unless a Florida notary public also holds an active license to practice law, he or she cannot give legal advice or offer assistance with immigration, family law, or other legal matters, nor can he or she accept fees for such services. Non-lawyer notaries are only legally permitted to sell blank legal forms and act as typists by completing the blank forms based on information provided in writing by the notary's client. See The Florida Bar v. Brumbaugh, 355 So. 2d 1186 (Fla. 1978), for more information. A non-lawyer selling or typing a Florida Supreme Court approved form may engage in limited oral communication to elicit the factual information that goes in the blanks of the form. R. Regulating Fla. Bar 10-2.1(a).

The office of Notary Public in Florida has deep legal and historical roots extending far beyond the borders of the state itself. It can trace its ancestry to the time of the Roman Empire, where the notarius served as an official recorder, who was entrusted to transcribe proceedings, draft contracts, and preserve acts of public importance. As Roman legal concepts spread throughout Europe, the notary evolved into a central figure in civil law systems – particularly in Spain and France – where notaries were, and remain, trained legal professionals authorized to authenticate legal instruments and safeguard public records. These civil law traditions deeply influenced the notarial systems of Europe’s colonial empires, including Spain’s administration of Florida prior to its transfer to the United States in 1821. When the Territory of Florida was organized under American governance, these European legal influences, along with English common law practices, converged to shape the new notarial office. On September 13, 1822, the Governor and Legislative Council enacted “An Act Concerning Notaries Public,” formally establishing the office in Florida. This foundational statute established the legal framework for notarial practice in Florida and defined a broad range of powers and responsibilities for notaries – many of which remain in effect today.

Under the 1822 act, territorial notaries were empowered to perform the traditional notarial acts of acknowledgments, oaths, affidavits, certifying copies, and protesting dishonored negotiable instruments. They were also authorized to perform several lesser-known but significant responsibilities, including receiving and transferring securities, noting marine protests (which documented damages or losses sustained by vessels at sea), and taking proofs of debts intended to be sent abroad – a crucial function in a time when long-distance communication and documentation were slow and uncertain. The role of notaries was essential to commerce, litigation, and international trade. A Florida notary in 1822 could charge $1 for taking an acknowledgment ($30 today), or $3 for issuing a protest ($90 today). 

In the early years of Florida's territorial period, notaries were appointed by the Governor without a fixed term, serving at the Governor’s pleasure – a reflection of the flexible and evolving nature of early territorial administration. This practice continued until June 3, 1897, when a standardized four-year term of office was established by law. Initially, the Governor held the authority to appoint notaries with jurisdiction limited to particular "limits and precincts," such as individual counties. However, since January 1, 1976, all notarial commissions have been issued on a statewide basis, with notaries authorized to act throughout the State of Florida. 

In keeping with the broader social norms of the 19th century, women were initially barred from serving as notaries. This restriction remained in place until June 2, 1899, when Florida law was amended to allow women to be appointed to the office – a reflection of the slow but steady progress toward gender equality in the public sphere.

As Florida's legal and civic life became increasingly complex, the duties of notaries public expanded accordingly. Between 1861 and 1877 notaries were tasked with the drawing of bottomry bonds, a type of maritime loan where the ship and/or its cargo were used as collateral. On February 8, 1861, notaries were granted the authority to solemnize the rites of matrimony, making Florida one of the few states where notaries may legally officiate weddings – a distinctive feature of the office that persists to this day. Later legislative reforms continued to broaden the notary's role: on October 1, 1980, notaries became empowered to verify vehicle identification numbers (VINs), facilitating the registration of motor vehicles; on July 3, 1992, they became empowered to make official inventories of safe-deposit boxes, a responsibility often required in estate and probate matters.

Through these changes, the office of Notary Public in Florida has remained a vital part of the state’s legal and civic framework. From its origins in the territorial period to its modern role in weddings, real estate transactions, and probate proceedings, the Florida notary continues to serve as an accessible, trusted public officer at the intersection of law, commerce, and community life.