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.