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What a Florida Notary Public cannot do

Most complaints about notaries come from expecting the wrong thing. This page is the honest version of the job description: what is outside it, and who to ask instead.

  • Clear limits
  • Who to ask instead
  • Florida rules
  • English & Spanish

Cannot give legal advice

A notary cannot tell you which document you need, what a clause means, whether a contract protects you, or how to word something. That is practising law, and in Florida it is a serious matter for a notary who is not an attorney.

Ask an attorney, or the office that will receive the document — they are usually happy to say exactly what they need.

Cannot prepare or complete your documents

Drafting a power of attorney, a deed, an affidavit or a lease is legal work, and filling in blanks on someone else's form comes uncomfortably close to it. Bring documents finished, with only the signature line empty.

Cannot certify copies of public records

Florida lets a notary attest a copy of a document you hold, but never a public record: birth, marriage, divorce and death certificates, and court records come certified from the issuing office. A notarized photocopy of a birth certificate is not a certified copy and will be rejected.

Cannot notarize without the signer present

The signer has to be in front of the notary, physically or in a live online session. Not on the phone, not over a text message, and not because a relative brought the document in.

It is also why nobody can sign on behalf of someone else, however well intentioned, without a power of attorney that says so.

Cannot notarize its own signature, or act with a conflict

A notary cannot notarize their own signature or a document in which they have a financial interest. It is also why a notary cannot be the notary and one of the two required witnesses on the same document.

Cannot notarize when something is wrong

If a document is blank or incomplete, if the identification is expired, if the signer does not understand what they are signing, or if someone else is clearly pressuring them, the notarization stops. That is not being difficult: it is the entire point of the office.

Frequently asked questions

Can you tell me if my document is correct?
No. I can tell you whether it is signable — complete, with a proper notarial certificate — but not whether it achieves what you want.
Can you notarize a document my father already signed at home?
No. He must sign in front of me, or acknowledge the signature to me in person or in an online session.
Can you be one of my two witnesses?
Not on a document where I am the notary. Bring witnesses who are not named in the document.
Can you help with immigration forms?
No. I do not advise on or prepare those. Florida law is strict about notaries not implying immigration expertise, and I take that seriously.

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