Statutory Short Forms of Acknowledgment

Section 695.25 of the Florida Statutes provides "short forms" of acknowledgment certificates that are sufficient for their respective purposes under any law of the State of Florida. These forms do not, of course, preclude the use of the acknowledgment certificates set forth in chapter 117, F.S., nor do they preclude the use of formal "long form" acknowledgments. However, particularly for real estate related documents, the majority of documents you come across as a notary will use these forms. Therefore, it is important that the notary have a thorough understanding of these "Statutory Short Forms of Acknowledgment".

The most common mistake that notaries make with these forms is in notating the method of identification. The statutory forms use the phrase "who is personally known to me or has produced _______ as identification", but they do not provide check boxes or other means for a notary to select the appropriate option. Therefore many notaries simply leave the phrase alone if the signer is personally known, or, if the signer produces identification, they simply fill in the type of identification in the blank space. However, even leaving the phrase as "who is personally known to me or has produced a Florida driver's license as identification" leaves both methods of identification as possibilities without specific notation as to which was used.

It is therefore imperative that the notary circle or underline the appropriate option and strike out the remaining portion. Therefore, if the signer is personally known to you, the phrase should appear as:

who is personally known to me or who has produced ________________ as identification.

Likewise, if identification is used, the phrase should appear as:

who is personally known to me or who has produced Florida driver license as identification.

If the certificate provides checkboxes however, it is sufficient to simply check off the applicable option without striking out any language, as in "who [ ] is personally known to me or [ X ] has produced FL Driver License #1234567 as identification".

You will also notice that underneath the signature line are spaces for the notary to print his commissioned name, print his title or rank (i.e. "Notary Public - State of Florida"), and serial number (i.e. commission number -or- Notary I.D. number, depending on personal preferenced - this is further discussed in a separate article).

(1) For an individual acting in his or her own right:

STATE OF _____
COUNTY OF _____

The foregoing instrument was acknowledged before me this (date) by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification.

(Signature of person taking acknowledgment)
(Name typed, printed or stamped)
(Title or rank)
(Serial number, if any)

(2) For a corporation:

STATE OF _____
COUNTY OF _____

The foregoing instrument was acknowledged before me this (date) by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced (type of identification) as identification.

(Signature of person taking acknowledgment)
(Name typed, printed or stamped)
(Title or rank)
(Serial number, if any)

(3) For a partnership:

STATE OF _____
COUNTY OF _____

The foregoing instrument was acknowledged before me this (date) by (name of acknowledging partner or agent), partner (or agent) on behalf of (name of
partnership), a partnership. He/she is personally known to me or has produced (type of identification) as identification.

(Signature of person taking acknowledgment)
(Name typed, printed or stamped)
(Title or rank)
(Serial number, if any)

(4) For an individual acting as principal by an attorney in fact:

STATE OF _____
COUNTY OF _____

The foregoing instrument was acknowledged before me this (date) by (name of attorney in fact) as attorney in fact, who is personally known to me or who has produced (type of identification) as identification on behalf of (name of principal).

(Signature of person taking acknowledgment)
(Name typed, printed or stamped)
(Title or rank)
(Serial number, if any)

(5) By any public officer, trustee, or personal representative:

STATE OF _____
COUNTY OF _____

The foregoing instrument was acknowledged before me this (date) by (name and title of position), who is personally known to me or who has produced (type of
identification) as identification.

(Signature of person taking acknowledgment)
(Name typed, printed or stamped)
(Title or rank)
(Serial number, if any)

Fees for Notarial Services

F.S. 117.05(2)(a) provides that notaries public are authorized to charge a maximum of $10.00 for each notarial act, except the solemnization of matrimony. There has been question among notaries as to what constitutes a "notarial act" according to the state. Many notaries believe that if two people execute the same document and each acknowledge their signature before a notary public, this is considered two notarial acts and therefore $20.00 may be charged, even if both persons names are listed in the same acknowledgment certificate.

While this makes sense in theory, the state considers a "notarial act" to be the execution of one notarial certificate. Thus, the rule of thumb is "$10.00 per stamp". However, the state has also acknowledged that there is nothing prohibiting a notary from simply adding a loose certificate for each signer, therefore allowing the notary to collect $10.00 for each signer's signature. Of course, when administering an oath without a jurat (i.e. for a deposition, telephonic court appearance, etc.), the notary may still charge $10.00 for each oath administered.

The only exception is the fees for solemnizing marriage. F.S. 117.045 provides that notaries are authorized to charge the same as the Clerk of Circuit Court for performing a marriage ceremony. Clerks are currently authorized by F.S. 28.24(24) to charge $30.00 for that service; therefore notaries are also authorized to charge $30.00. This works to notaries benefit, because clerk fees can be easily raised due to political/budget reasons, whereas state officials generally have little concern with notary fees, since they belong to the notary and not to the state.

To summarize, limiting your fees to $10.00 per stamp will prevent you from being accused of overcharging.

Oath vs. Affirmation

Although an oath and affirmation are equivalent under Florida law (F.S. 92.52), there are subtle differences between the two. The first and most obvious difference is the way they are administered by the notary. When administering an oath, the common language is for the notary to ask the declarant, "Do you swear that the contents of this document are true and correct?". However, if a declarant wishes to affirm rather than swear, either for religious or other personal reasons, the notary would ask, "Do you declare and affirm under the penalties of perjury that the contents of this document are true and correct?".

The "under penalties of perjury" language is typically not said when administering a standard oath, because it is already implied that false swearing is perjury. The declarant's requesting an affirmation instead of an oath does not remove the declarant's assumption of the obligations of an oath, and to make this fact clear to the declarant, notaries will typically ask the declarant to affirm under penalties of perjury.

An oath is defined as a promise to a supreme being. Whether or not you include language such as "so help you, God" in your oaths, the purpose of an oath is to appeal to the declarant's conscience, and for religious persons, this is best accomplished by having him or her swear in accordance with their own religious practices. However, some persons will have an objection to taking an oath, either on the grounds of being non-religious or on the grounds that the Bible states that people should not swear at all, but rather to always speak the truth. In these cases, you can administer an affirmation.

An affirmation is not a promise to a supreme being, but is rather a declaration made on the person's own conscience without appealing to the person's religious beliefs.

Most notaries will never come across a person who objects to taking an oath. However, it is still important to know how to address the situation if you come across it, and it is important to know the subtle differences between an oath and an affirmation.

How do I administer an oath without looking like a fool?

It is an unfortunately common practice amongst notaries across the entire nation to execute jurats without administering an oath to the signer. Doing so, however, defeats the entire purpose of the jurat. Most notaries don't administer oaths because they don't know how to do it without looking silly. You do not have to raise your right hand and do not have to make a huge performance out of administering an oath, although you are certainly allowed to do so if you have the guts. However, administering oaths can be done very casually without the document signer raising an eyebrow or giggling.

One of the most important Florida cases for notaries is that of Youngker v. State (215 So. 2d 318), which deals with the proper administration of oaths. Below are some of the most important quotes from the Court's opinion:

"An affidavit is by definition a statement in writing under oath administered by a duly authorized person. An oath may be undertaken by any unequivocal act in the presence of an officer authorized to administer oaths by which the declarant knowingly attests the truth of a statement and assumes the obligation of an oath."

- This quote is important because it establishes that an affidavit is a writing under oath. Therefore, when an affidavit is presented to a notary with a pre-printed acknowledgment, the notary has the authority, and is required to, replace the acknowledgment with a jurat, in accordance with F.S. 117.03 which states that a notary may not take an acknowledgment in lieu of an oath when an oath is required.

"Where an officer authorized to administer oaths identifies his signature on a jurat together with the signature of the person making the statement, this is prima facie evidence that the declarant was in fact sworn."

- This quote further emphasizes that an actual oath must be administered by the notary. A jurat is evidence that the declarant was sworn, therefore the declarant must be sworn for the jurat to be true and correct.

From the testimony of the notary it is conclusively shown that she did not administer a verbal oath either by asking the defendant whether or not he swore to the statements in the waiver of lien [1] or by asking him to sign the waiver of lien if he swore to the statements therein [2]. In the absence of some verbal act by the officer or the defendant, is the mere signing of the waiver of lien by the defendant competent substantial evidence that defendant knowingly attested the truth of the statements in the waiver and assumed the obligations of an oath? We are compelled to the conclusion that the mere signing of the waiver of lien, under the facts and circumstances of this case, is not competent substantial evidence that the defendant knowingly assumed the obligations of an oath. In the first place, the form of the instrument is not that generally employed in drafting affidavits. Nowhere does it say that it constitutes an oath or affidavit of the defendant. Secondly, there was no evidence that the notary or any other person called the defendant's attention to the fact that the jurat on the lower left hand side of the page would be completed for the purpose of constituting the document a sworn statement [3]. For all that appears from the record, the defendant may reasonably have concluded that he was signing a bare assertion as distinguished from a sworn statement. For these reasons, we conclude that the evidence was insufficient to constitute competent substantial evidence that the waiver of lien was an affidavit within the meaning of F.S. 1963, Section 84.351, F.S.A.

- This quote establishes acceptable ways for an oath to be administered:

1. Asking the declarant whether or not he/she swears to the statements in the document. ("Do you swear that the statements in this document are true?")
2. Asking the declarant to sign the document if he/she swears to the statements therein. ("If you swear that the statements in this document are true, please sign.")
3. Calling the declarant's attention to the fact that your notarization of the document would cause it to become a sworn statement. ("Do you understand that by my notarizing this document, you are swearing to the statements therein?")

- This quote also establishes that the mere signing of an affidavit does not make it "sworn to". The administration of the oath must be done by some unequivocal act, either by the notary or by the declarant/affiant/deponent/signer.

Bottom line is, both you and the signer must leave no doubt that the signer is swearing that the contents of the document are true, and any of the above methods are acceptable under Florida law.

The easiest way to administer an oath is to, right before the person signs the document, say very casually, "Do you swear that the contents of this document are true and correct?", to which the signer will answer "Yes" or "I do". This entire procedure can be accomplished in 3 seconds, and there is no need to break a sweat over it. Fellow notaries may snicker at you the first time they see you do it, but in this case it is best to lead by example. Show other notaries that administering oaths does not have to be an embarrassing situation and can be done casually and still in total compliance with the law. As evidenced by the above-referenced case, an affidavit can be dismissed if the notary failed to administer an oath, even if the affidavit on its face appears to have been executed perfectly. By making it a habit with every jurat, there will never be a doubt in your mind that your documents have been properly notarized and will not be questioned.

Why was my notarization rejected by the apostille office?

Notarized documents which are to be used overseas usually require an apostille. This is a document issued by the Department of State which is attached to the notarized document to make it acceptable abroad. Each apostille costs $10.00, and it is the responsibility of the document holder, not the notary, to secure the apostille. However, the Department of State will not issue an apostille if the notary’s certificate does not comply with Florida Statutes.

Most notaries are not aware of all of the strict requirements of notary certificates as set forth in Florida Statutes §117.05(4). Most typically, the notary fails to print, type, or stamp their commissioned name immediately underneath their signature. This must be done in addition to affixing your official seal stamp. If you choose to "stamp" your name underneath your signature instead of printing or typing it, you must use a stamp separate from your official seal.

Another common mistake is failing to include a venue. Every time you notarize a document, the words "State of Florida, County of _____________" must appear above the notarial certificate. The county you fill in is the county where you are physically located when you notarize the document. You must also always indicate whether the signer was identified by your personal knowledge or by another form of identification, and you must specify the specific type of identification used.

Notary Public vs. Medallion Signature Guarantee

From time to time, you may be asked by a customer if you do "signature guarantees". What they are really asking for is a "medallion guarantee", a process used to verify signatures on documents related to investment or security transfers. Medallion guarantees can only be performed by authorized officers of certain financial institutions; not all banks offer the service, and those that do require that the signer of the document be an established customer of the bank.

While one of the benefits of a notarized acknowledgment is that it provides the document recipient with peace-of-mind that the authorized person actually executed the document, the true purpose of acknowledgments is to determine willingness to sign, not necessarily the identity of the signer. Nor do medallion guarantees necessarily identify the signer, and they certainly do not determine willingness to sign. A medallion guarantee is simply a guarantee by a financial institution that the signature on a certain document is authentic, based on that person's signature on file with the bank. This makes the financial institution 100% liable for the total value of the security transfer in the event the signature is proven to be a forgery.

Whereas notaries are not concerned with the document being notarized, the officer giving a medallion signature guarantee will examine the document to ascertain the name of the investment/security firm and the total amount of the transaction. The offer is required to keep a journal of this information, as if the signature later turned out to be forged, the financial institution would be responsible for the total value of the transaction. A notarization is a public act administered by a state officer, whereas a medallion guarantee is a private verification of signature given by a financial institution.

However, similar to a notary seal, the medallion guarantee is accomplished with the use of an official stamp, whose design is determined by federal authorities, and which must be affixed with a special green ink to verify the stamp's authenticity. A sample of the stamp imprint is displayed to the left. The stamp is safeguarded by bank officials and typically only few bank officials are authorized to use it. The officer giving the signature guarantee is not required to complete any sort of notarial certificate. The stamp itself is proof of the entire act, unlike a notary seal, which by itself is meaningless.

If a client asks for one of these types of guarantees, you should refer them to their personal financial institution for more information.

Bonding Agency Information

Comparison Chart

This PDF chart includes the total cost for bonds through various bonding companies, including a self-inking stamp. It also displays what other extras come with the package and the image of the stamp imprint.

For links to agency websites, visit http://notaries.dos.state.fl.us/notagn97.html

These agencies do not have websites, but the applications can be downloaded here:

Bond Application - Accredited Group Agency, Inc.

Bond Application - RLI Insurance Company

How to describe ID in notarial certificates

Florida law requires that notaries specify in their certificate or jurat the type of identification produced to the notary which the notary relied upon to identify the signer of a document. If the signer is personally known to the notary, the notary need not ask for identification; they simply have to state in their certificate that the signer is personally known. However, most of the time the notary will not be personally acquainted with the signer and will need to see some form of identification. The types of identification which a notary may accept are listed in my previous article on "procedures for all notarial acts".

Most of the time, the identification presented is either a Florida driver license or a Florida ID card. What is the best way to describe the type of identification in the notarial certificate?

The statutes do not address the issue. Many notaries simply put "driver license" or "passport", with no other identifying information. Even more notaries simply put "D/L", to abbreviate "driver license". The governor's office advises against this. Although many notary "signing agents" will tell you that the driver license or identification card number should not be stated in the notarial certificate, the governor's office recommends that you include the state who issued the card and the card number, i.e. the certificate would state "...who produced FL Driver License #K123-456-78-900-0 as identification". This provides proof that the signer did personally appear before the notary and that the notary did inspect the identification.

When stating the full driver license number in the certificate, this poses a question about identity theft, particularly when the document is one that will be recorded in official records (such as a deed or a mortgage). If you keep a journal, which is recommended, you should always record the driver license or ID card number in your journal. Since journals are not public record and constitute private notarial papers, which are confidential under Florida law, there is no fear that the driver license numbers recorded in the journal may be misused. Recording the number in your journal eliminates the need to record the information on the notarized document itself. However, sensitive documents such as wills or powers of attorney, which are frequently contested by family members of the decedent or principal, should always have the ID card number stated in the actual certificate.

The bottom line is, you are never "in the wrong" by putting the driver license number in the certificate, because it is specifically recommended by the governor's office. It comes down to personal preference on the notary's part.

Commissioners of Deeds

A Commissioner of Deeds is an officer appointed and commissioned by the Governor whose function is to take acknowledgments of execution and to administer oaths in a foreign country in connection with a timeshare property located in the State of Florida.

The office of Commissioner of Deeds is a public office that has existed since 1831. The first Commissioners of Deeds for the State of Florida were authorized to “notarize” any document, provided that it was to be used or recorded in Florida. The Governor was also able to appoint commissioners to states within the United States. The powers were similar to those of a Florida Notary Public, except that the notarial acts were performed outside the state of Florida.

In 1997 the powers of a Commissioner of Deeds in Florida were significantly reduced. Currently, Commissioners of Deeds may only "notarize" documents that are related to a timeshare estate located in Florida. CODs are still appointed to a certain country and may only act in that country. Although the statutes only allow appointment to countries outside of the 50 United States, the Governor has appointed CODs to act in the United States outside of the state of Florida, and there are several currently active commissioners appointed as such. With Notaries Public available in all countries, there has been a decrease in need for the services of a Commissioner of Deeds. Therefore, there are very few Commissioners of Deeds in the state of Florida. There are approximately 90 actively-commissioned Commissioners of Deeds for the State of Florida. Most of these commissioners are working under the supervision of a vacation club or timeshare firm, and most commissioners are actively commissioned in more than one country.

If a resident of a foreign country wanted to purchase a timeshare condominium in Florida, the real estate firm in Florida would send a Commissioner of Deeds to the potential purchaser to “notarize” the closing paperwork, such as the mortgage. This would enable the document to be recorded in accordance with Florida law. Another common situation where a commissioner would be used is if an American tourist is abroad and meets with a vacation club representative, and wishes to purchase a timeshare in Florida. Provided that the representative is a Commissioner of Deeds, he or she could “notarize” the potential purchasers' signatures on all necessary paperwork.

Other states such as Texas, Maine, New York, and Kentucky have statutory provisions allowing the governor to appoint Commissioners of Deeds; however, these commissioners are authorized to authenticate any document to be used or recorded in the commissioning state. In addition, none of those four states are actively appointing commissioners. Florida is the only state which restricts the type of documents authorized to be authenticated by a commissioner to documents related to timeshare estates.

The requirements to become a Commissioner of Deeds for the State of Florida are generally the same as to become a notary. However, no bond is required and commissioners are not required to authenticate their acts with an official seal, although most commissioners do use a stamp seal similar to the type notaries use. Commissioners of Deeds are required to complete notarial certificates in the same manner as notaries in Florida. The term of office is four years.

Commission Number vs. Serial Number vs. Notary ID Number

The current Statuory Short Forms of Acknowledgment set forth in section 695.25 of the Florida Statutes requires that the officer taking the acknowledgment affix his name, title/rank, and "serial number" underneath his signature. Florida notaries do not have a "serial number". However, there are two identifying numbers attached to notaries - the commission number and the Notary I.D. number.

Each time a notary renews their commission, they receive a new "commission number". The commission number actually refers to the serial number of the notary's commission certificate. Each certificate gets one commission number. Hence, when a notary amends their commission due to a name change, they are required to return their original, which is voided and replaced with a new commission, with a new commission number. The only time a commission number is repeated on another certificate is if the original certificate has been lost. The commission number is required to appear on the notary's official stamp seal.

The Department of State also assigns each notary a "Notary I.D. Number". Whereas the commission number refers to the actual commission certificate, the "Notary I.D." refers to the notary. Therefore, when renewing your commission, your "Notary I.D." number will remain the same each time. The Notary I.D. is assigned mostly to enable the Governor's office to easily keep track of notaries through their state database. It is not required on the official seal.

The question of what constitutes a "serial number" for the purposes of short form acknowledgment certificates has not been addressed by the governor's office. Does "serial number" refer to the identifying number of the notary, or the notary's commission certificate? In my opinion, the serial number should refer to the Notary I.D. number, as this number identifies the actual notary. However, most notaries are writing their commission number in that space, i.e. the number on the seal. The NNA, which is not at all a definitive authority on Florida notary law, suggests in its Notary Law Primer that "serial number" refers to commission number. However, since that number is already visible on the seal, some notaries prefer to write their Notary I.D. number in that space for additional identification purposes. The notary is not obligated by law to provide any number in that space. The only thing a notary must list underneath their signature is their printed, typed, or stamped name as commissioned.

It therefore boils down to personal preference whether you want to write your commission number or your Notary I.D. number in the space for "serial number" on acknowledgment forms.

Good Resources for Florida Notaries

Governor's Reference Manual for Notaries

Although outdated in some respects, all Florida notaries should read the entire reference manual and learn it thoroughly. This is the official handbook published by the Governor's office.

PDF Copy of Notary Education Course

This is the complete re-printed text of the online Notary Education Course provided by the Governor's office. Most of the information also appears in the official handbook. (You can officially take the course and get a certificate of completion at http://notaries.dos.state.fl.us/education/. Even experienced notaries would benefit from taking this course if they have not previously done so.)

Loose Certificates

This PDF file contains all notarial certificates you may need.

Fillable Certificates (Oath, Acknowledgment, Attested Copy)

These PDF certificates for oaths, acknowledgments, and attested copies can be completed on your computer, printed out and attached to the document.

Forms

Credible Witness Affidavits

Proof of Will form

Fillable Protest and Notice of Dishonor forms with instructions

Quit Claim Deed form

How do I notarize a will?

You should refuse to notarize a will unless it was prepared by an attorney, you are familiar with wills, and the attorney has provided specific instructions. A will that is entirely hand-written by its maker may be a valid "holographic will". However, when a hand-written will is witnessed and/or notarized, this makes it invalid because it is no longer hand-written entirely by the maker.

A proper will made in Florida will have a "Self-proving affidavit" attached, which is a form prescribed by Florida Statute. It requires the notary to take the acknowledgment of the maker of the will (called a "Testator" if male, and a "Testatrix" if female), and to have the two subscribing witnesses swear that the testator/trix executed the will in their presence and identified the instrument as his or her will. "Self-proving affidavits" are only valid if executed at the same time that the testator/trix and witnesses sign the will; therefore the notary would have to be present while all parties sign. The statute also specifically requires that the notary sign and seal the affidavit in the presence of the testator/trix and witnesses, as is required with all acts.

While the "self-proving affidavit" makes the probate process much easier after a person dies, it is not required to make a valid will. According to the Governor's reference manual, you, as a notary, may offer to attach the self-proving affidavit form but you may not explain what it is used for. Since wills are such sensitive documents, you should refer your clients to an attorney if the will is not profesionally drafted.

Are notaries the same as justices of the peace?

No. There are no justices of the peace in Florida, as the office was abolished in the 1970s. Justices of the Peace were, for all practical purposes, judges in small-claims issues and officers of the Court, whereas the functions of a notary are purely ministerial in nature and do not require notaries to make judicial determinations.

Are notaries entitled to style themselves "The Honorable"?

There are no laws governing the use of the title "The Honorable"; however, that title is typically reserved for judges or high-ranking public officials. Notaries are typically not styled "The Honorable".

Are notaries officers of the Court?

No. There is nothing in the Florida statutes or in any Florida case law in which notaries are considered officers of the Court, nor are notaries considered judicial officers. Notaries are commissioned quasi-judicial officers of the state whose duties are ministerial in nature.

What is a marine/maritime protest?

Maritime protests, also called marine protests, unlike regular "protests", are not "duties" of a Florida notary, although because the term "protest" is used, most notaries believe this is something like a regular "protest". In reality, marine protests and regular protests have nothing to do with each other. Whereas a protest is a notarial act, a marine protest is nothing more than an affidavit by a ship’s captain, taken before a notary public. Although rare, there are some notaries who have found the drafting of marine protests a lucrative business.

A maritime protest is simply an affidavit stating the damage which may have occurred to a certain vessel (ship) due to inclimate weather, etc., and that the damage was not caused by the neglect of the captain or ship’s crew. Generally, the affidavit is signed by the "master" of the ship (i.e., the captain), and the first mate or other officer next in command. The maritime protest must be executed within twenty-four hours after its arrival into a Florida port.

These documents are referred to as "protests" because in "the old days", the notary was actually certifying the information contained in the affidavit as opposed to just administering an oath where the captain swore that the statements were true. In this sense, maritime protests were like regular protests, in that it was made on information satisfactory to the notary. However, because you have no personal knowledge or proof of these facts, unless you happen to also be an officer on the vessel, you should decline to set your hand and seal to a document in that form. Instead, you should request that the proper ship officers draft the document as an affidavit and include a jurat in compliance with Florida Statutes.

A proper form would be as follows:

UNITED STATES OF AMERICA
STATE OF FLORIDA
COUNTY OF ___________________

BE IT KNOWN by this public instrument of declaration, that on this ______ day of _________________, 20___, before me, the undersigned notary public in and for the State of Florida at Large, personally came and appeared (Name of captain) , master and commander of the ship (Name of ship) , belonging to (Owner of ship) ; also, (Name of first mate) , first mate, who did, upon oath duly administered, severally and solemnly declare and state as follows:

(Insert here the full statement of the ship’s crew relating to the damage which has occurred to the ship and its causes, etc.)

Wherefore, these affiants do protest against all and singular the premises, the aforesaid bad
weather, gales, storms, winds, high seas, accidents, casualties, occurrences, and all loss, damage, and injury sustained thereby or arising therefrom.

(SIGNED) , Master.
(SIGNED) , First Mate.

Thus declared, subscribed and sworn to before me, on the day and year first aforesaid, by (Name of Captain) , who produced _________ as identification, and by (First Mate) , who produced ______________ as identification.

(Signature of Notary Public) (OFFICIAL SEAL)
(Print, type, or stamp commissioned name)

SOURCES
1. Hinch, Frederick M. John’s American Notary and Commissioner of Deeds Manual, Third Edition. Callaghan & Company. Chicago, Il.: 1922. pp. 279-280.
2. Giauque, Florien, A.M., LL.D. A Manual for Notaries Public, Fifth Revised edition. The W.H. Anderson Co. Cincinatti, Oh.: 1922, pp. 262 -264.

What is a proof of execution?

The term "proof of execution" refers to an affidavit by a witness that he or she saw somebody sign a certain document. An example would be where a person executes a deed in the presence of two witnesses but dies before he is able to give his acknowledgment before a notary public. Without such notarization, the deed would be ineligible for public recordation. However, one of the subscribing witnesses to the deed may sign an affidavit before a notary public, in which the witness swears that he saw the grantor (person granting the deed) sign the document and that he did so willingly.

In the unlikely event that one of the witnesses to the original deed was a notary, but did not notarize the deed in his notarial capacity, there is nothing to prevent that notary from notarizing the proof of execution given by the other witness. The Courts have actually stated that a deed attested in that manner is "entitled to more credit as a valid and bona fide instrument", because the notary himself has personal knowledge that the grantor signed the deed (Edwards v. Thom, 25 Fla. 222). In this case, the notary could not "go back" and acknowledge the deed because the deceased grantor would have had to be in the notary's physical presence when the notary signed and sealed the acknowledgment.

"Proof of execution" is not to be used for general notarizations, i.e. you may not notarize a signature on a document if the signer is not in your presence, even if another person swears that they saw the person sign the document. When doing a "proof of execution" you are not notarizing the signature of the original signer; you are only notarizing the signature of the witness who is giving the affidavit.

Can I be both a witness and the notary to a deed or other document?

Yes. The Courts upheld in Edwards v. Thom (25 Fla. 222), that being the notary to a transaction does not render you incompetent as a witness. However, if the pre-printed certificate requires the notary to take the acknowledgment of the witnesses or to swear in the witnesses, the notary may not also serve as a witness because this would cause the notary to notarize his own signature, which is prohibited by Florida law. Particularly with last wills and testaments, both the person making the will and the witnesses are sworn by the notary, therefore the notary could not also serve as a witness to a last will and testament.

If the client only needs me to witness their signature, can I just affix my stamp and signature on the document without any notarial certificate?

No. Witnessing of signatures is not an authorized duty of a notary public, except in correlation with another notarial act. If a customer presents you with a document that has no notarial certificate already printed, you should explain the difference between an acknowledgment and a jurat and ask the customer which one they want you to add. You may then print, type, or stamp the appropriate certificate on the document. If there is no room on the document, you may attach a second page with the appropriate wording. However, if you attach a "loose" certificate, you should notate in the certificate what document the certificate is attached to, to prevent your notarial certificate from being attached to another document.

If I stamp my official seal underneath my signature, does this satisfy the requirement that my commissioned name be printed, typed, or stamped?

Section 117.05(4)(h) of the Florida Statutes requires that a notary must print, type or stamp his or her commissioned name underneath his or her official signature on a notarized document. This requirement is listed separately from the requirement that an official seal be affixed. The official position of the Governor's office is that if you choose to stamp your name underneath your signature, it must be a stamp that contains only your name. This must be done in addition to your official seal.

However, the majority of notaries do not comply with this requirement. Most believe that affixing your seal underneath your signature is sufficient to satisfy both requirement. Of my own personal review of randomly-selected documents, 54% of notaries reviewed attempted to satisfy both requirements by affixing their official seal underneath their signature. Only 39% printed, typed, or stamped (using a separate stamp) the name under the signature.

According to the 1993 edition of the Florida Notary Law Primer (3rd ed.), published by the National Notary Association, effective July 1, 1991, notaries were required to print, type, or stamp their commissioned name underneath their signature on all documents to be recorded. That requirement was extended to all notarized documents effective January 1, 1992. The book states that state officials ensured it was necessary that this be done in addition to affixing the stamp seal in the event the stamp was illegible or not affixed properly.

Of course, one must take into account that the equipment used to record documents was not nearly as high quality as the equipment used by county clerk's today. Rarely does a properly inked seal show up illegible on recorded documents when they are scanned (all clerks now digitally scan documents into the official records rather than microfilm them). I personally have submit a proposed bill to my local representative to abolish this requirement and make other necessary changes to Florida notary law.

As stated above, most notaries do not comply with this requirement. Whether or not you choose to do so is your decision. It must be kept in mind that the purpose of this requirement is to ensure that the notary's name is clearly legible in the event the stamp does not show up on a copied document. By ensuring that your stamp is always well-inked and by using a stamp large enough to be easily read on recorded documents, you most likely do not have to worry about printing, typing or stamping your name under the signature, provided that you do affix your seal underneath your signature in place of the printed name.

Can a notarial certificate contain elements of both a jurat and an acknowledgment, such as "Sworn to, subscribed and acknowledged before me..."?

Never, ever, ever! If you see a certificate like this, you should ask the signer or the document preparer which they want - an oath or an acknowledgment - because the law does not authorize notaries to combine both acts in one certificate. If the signer or document preparer doesn't know, or wants you to do both an oath and an acknowledgment, you should strike out the entire certificate and attach two separate certificates - first, a jurat, and second, an acknowledgment.

You should note that an "acknowledgment under oath" is not the equivalent of a jurat. See my article "What does the phrase "and who did/did not take an oath" mean, and what do I do with it?"

Usage of Notarial Verbage

1. The notary *takes* the acknowledgment; the signer/"acknowledger" *makes* or *gives* the acknowledgment.

2. The notary *takes* an affidavit; the signer/"affiant" *makes* an affidavit.

3. The notary *administers* the oath; the "deponent" *takes* the oath.

Also - in Florida, depositions are not taken *by* notaries; they are taken *BEFORE* notaries. (Fla. R. Civ. P. 1.300). Depositions are typically taken *by* attorneys. The person being sworn is the *deponent*.

Introduction

Welcome to Robert's blog for Florida Notaries Public.

What I will post:
- Topics relating to Florida notary law and procedure
- Interesting notarization stories
- Discussions on complex Florida notary topics

What I will never post:
- Anything related to the "signing agent" profession
- Anything related to loan/modification documents or "signings"
If you want that kind of crap, please go to notaryrotary.com.

This is not a blog for signing agents. It's a blog for Florida notaries who are passionate about being notaries; who have great respect for themselves and the office of notary public; and who have a genuine interest in gaining greater knowledge about notarial procedures in Florida.