LEGAL NEWS - AUGUST 2025

The Importance of Complying with Florida’s Notary Laws and What Contractor’s Need to Know

Though generally considered an innocuous task, improper notarizing can lead to serious consequences for not only the notary, but also the notary’s employer. With numerous documents needing notarization on any given project, many contractors designate at least one employee with the business’ notary duties; typically, someone in the main office. Often overlooked, however, are the specific rules prescribed by Florida Statute. As the owner of a company, it is imperative you make certain that employees tasked with notarizing are familiar with the governing laws and comply with them. Though not all inclusive, this Article touches on most of the major do’s and don’ts.

The Risks

Public notaries themselves are first and foremost responsible for complying with all governing laws and requirements. Violations by the notary can result in an array of penalties, ranging from suspension and/or revocation of his or her notarial commission, civil infractions imposing monetary penalties, and even criminal, felony charges. The degree to which a notary’s employer may be found liable when the employee is performing notarial duties for, or at the behest of, the employer, generally boils down to the employer’s own culpability with respect to the specific violations. For instance, did you, as the employer, know that certain violations were commonplace and/or permit (or even encourage) these actions by the notary to persist? In addition to the foregoing statutorily prescribed penalties, if a notary’s violation somehow directly causes harm to some other person or party, you are now having to concern yourself with the potential for civil claims and lawsuits.

Common Construction Documents Requiring Notarization

1. Notice of Commencement

One mistake I see far too often is where the contractor is signing the notice of commencement (“NOC”), as opposed to having the customer/owner sign it. This is improper. Yes, you can assist the owner with completing the NOC, but only the “Owner or Lessee, or Owner’s or Lessee’s Authorized Officer/Director/Partner/Manager” can execute it. This verbiage, verbatim, is actually right there in the statutory template where the signature goes. See Fla. Stat. § 713.13(1)(d) (2024).

Another big “don’t” that is often unknown or otherwise overlooked is notarizing the NOC while not in the presence of the person signing it. Whether the NOC is completed by the contractor in advance, pre-notarized (FYI there is no such thing as “pre-notarizing” a document), then sent to the owner to sign and record, or if the owner returns a signed and completed copy of the NOC to the contractor, who in turn has an employee notarize and record it, both scenarios are improper since the signing-party is not actually in the presence of the notary at the time of execution.

Specifically, with respect to the first instance, Fla. Stat. § 117.107(3) provides that “A notary public may not affix his or her signature to a blank form of affidavit or certificate of acknowledgement and deliver that form to another person with the intent that it be used as an affidavit or acknowledgement,” while § 117.107(10) prohibits a notary public from notarizing a signature on a document if the document is incomplete or blank.” As for the second scenario, sec. 117.107(9) prohibits a public notary from notarizing a signature on a document if the person whose signature is being notarized does not appear before the notary “either by means of physical presence or by means of audio-video communication technology,” the latter having to be done in strict accordance with the statute’s provisions authorizing the use of electronic notarization. Further, subsection (9) provides additional penalties for a violation, punishable by a civil fee up to $5,000.00, and if the notary is found to have acted with “the intent to defraud,” he or she can also be found guilty of a third degree felony under sec. 117.105 and the criminal-counterpart to Fla. Stat. § 117 (§§ 775.082 – 775.084).

Another “don’t” popping up more recently is improperly attempting to effectuate “electronic notarization” in lieu of physical presence. More details below.

2. Construction Lien (“Claim of Lien”) and Other Lien-Related Affidavit, Releases, and Waivers

Although all the above laws apply equally to construction liens and related affidavits and releases, here, the contractor is the one who is required to sign the document, and as such, a few additional “don’ts” may be particularly prevalent to you and your company.

For one, a public notary may not notarize the signature of the notary’s spouse, son, daughter, mother, or father. See Fla. Stat. § 117.105(11). Construction companies, more so than maybe any other business, are oftentimes family affairs. As such, the easiest way to ensure this law is not unintentionally violated is simply to refrain from designating notarial duties to these specific, closely-related family members. If possible, just pick another person.

Other General Requirements

Some of the other more general requirements when notarizing are as follows:

The notary’s jurat or notarial certificate must be in substantially similar form as proscribed by statute, and must contain the following:

• The venue of the location where the notarization occurs (for example, STATE OF FLORIDA, COUNTY OF PINELLAS).
• Whether he or she is notarizing an ‘oath’ or an ‘acknowledgment.’
• Whether the signor is appearing by physical presence or electronically (this is still relatively new language that is required).
• The exact date of the notarization.
• The name of the person’s signature who is being notarized (the name must appear in print and cannot only be evidenced with a signature alone).
• Whether the notary is relying on personal knowledge or an authorized type of identification for purposes of verifying the identity of the signor, and the type of ID inspected.
• The notary’s signature, the notary’s name below the signature (typed, printed, or stamped), and the notary’s official seal affixed below or to either side of the signature.

The form of the notary’s certificate is determined by who is signing the document and what exactly the document is for. Examples for each are provided at Fla. Stat. § 117.05(12)(b). If you designate one or more employees with notarial duties, he or she should have a Word Doc of these ‘template’ certificates saved to an easily accessible location.

Electronic Notarization

Still a relatively new concept, Florida enacted laws a few years back permitting public notaries to notarize documents without the need for the signing-party to be physically present. A potential game changer for those who make sure to do it correctly (and legally). Fla. Stat. § 117.021 and Florida Administrative Code 1N-7.001 lay out all the ground rules for you, but what I want to specifically address here in this Article is the misconception by many that the specific requirements prescribed can somehow be skirted through easier, less tenuous ‘alternatives.’ They cannot. Namely, a public notary must actually apply for, and be approved to be, an “online notary.” This is in addition to the notary’s standard-issued commission. To become an online notary in Florida, at a minimum, a person must:

As for the Remote Online Notarization process itself, the process typically works as follows:

Note that an online notary that is registered with the Department of State can perform any notarial act over an audio-video connection except solemnizing a marriage.

As you can see, legally notarizing via remote online notarization isn’t quite as simple as it sounds. Accordingly, if your company wants to utilize online notarization but does not want the burden (and risk) falling on itself and its employees, there are bountiful third-party online notary services available.

Moral of the story – Make sure you and your employees are familiar with the basic notary laws in Florida, and if you run into issues or have questions or concerns, call an attorney.

Author’s Note: The information contained in this article is for general educational purposes only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Author: Benjamin Lute, Managing Partner at Iseley | Fugitt, is an advocate for the irrigation industry and acts as General Legal Counsel for the Florida Irrigation Society. His practice focuses on construction law and litigation, representing contractors and businesses throughout the state.  For more information, feel free to contact the author at 727-613-1020 or blute@iseleyfugitt.com.