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