Frequently Asked Questions

What are the steps to become a notary public?

First, complete the Notary Application Packet and choose what you would like to receive from the order form. Second, if you are a first-time Florida notary, you are required to take three hours of education time. The course is available online here. After completing these steps, submit your paperwork by mail to Troy Fain Insurance.

What are the requirements to become a notary?

To become a Florida notary public, you must be at least 18 years of age, a legal resident of the State of Florida, and be able to read, write, and understand English.

Can I become a notary if I am not a United States citizen?

You may become a notary; however, at the time of application, you must also submit a recorded Declaration of Domicile. You can receive this document from your county clerk’s office.

How long does a notary commission last?

Notaries are appointed by the Governor for a term of four years.

How do I renew my notary?

Complete a Renewal Notary Application packet and return by mail. The application is required for all notaries, regardless of status.

How long is the process once my paperwork is received?

You will receive your new stamp and commission 5-10 days after we have received your correctly completed paperwork. 

Can I apply for my commission online or over the phone?

Since the Secretary of State’s office requires all applicants to complete an application containing their original signatures, you cannot apply online or over the phone. You may download the forms from our website, or contact us to receive an application by mail, fax, or email. All forms must be returned by mail or expedited mail service.

I let my commission lapse several years ago. Will I be considered a first-time notary or am I exempt from taking the course?

You you are not required to complete the course if you have previously been a notary in Florida. However, it is highly recommended for you to take the course since notary laws may have changed since your last term.

Am I exempt from taking the course if I have been a notary in a state other than Florida?

All first-time Florida applicants are required to complete the course, even if you have previously been a notary in another state. 

If I move to another state, can I transfer my Florida notary commission?

Notary commissions cannot be transferred from state to state. You will first need to resign your current Florida commission by contacting the Governor's office. When you have established your new residence, you may apply for a new notary commission in that state.

Does the affidavit of character or bond of notary public need to be notarized?

No section of the application is to be notarized. The affidavit section is to be completed by someone who has known you for at least one year and is not a relative. Make sure your character witness signs at the blue “X”. In the bond section, you will print your name at the top and sign at the red “X”.

What is the process to change the name on my notary commission?

You will need to complete a Name Change Application. You must be bonded through Troy Fain Insurance to use these forms. If you are unsure of your bonding agent, please contact us.

How do I change my address, employment information, or phone number?

Please complete this form and return by mail or fax. We will update our records as well as notify the Secretary of State’s office of the change.

What is the difference between the required notary bond and errors and omissions?

Each notary public in the State of Florida is required to have a $7500 bond. The bond protects the public in case an error is made by the notary. If a claim is filed against the notary’s bond, any monies recovered from the bond are initially paid by the bonding agent but must be repaid by the notary.  Errors and Omissions insurance, however, is optional insurance that protects the notary in case a mistake is made. Just as you protect your home, car and other personal effects with insurance, you need to protect your notarial acts with Notary Public Errors and Omissions Insurance. The term of the policy is the same as your commission. Policies may be purchased at a nominal premium with various limits.

Am I required to use a record book?

Florida law does not require you use a record book. However, keeping a log of your notarial acts may protect you or provide evidence if a specific notarization is ever questioned at a later date. The risk of liability is enough to consider keeping a record book to provide a lasting and thorough record of your notarial acts. You can order our record book here, which complies with all recommendations of the Governor’s Office.

Can I notarize a document for a family member?

Florida law states that a notary may not notarize for a spouse, child or parent. Although notarizing for any extended family member is not prohibited, you may risk the legitimacy of the document. It is not recommended to notarize a document for any relative.

Can I perform a marriage ceremony?

Notaries for the State of Florida can perform marriage ceremonies, as long as the wedding is taking place within the geographical borders of Florida. The bride and groom are responsible for obtaining a marriage license from any Florida county courthouse. The notary is responsible for verifying the identities of the couple, performing the ceremony, and returning the completed license to the appropriate courthouse. Since a marriage ceremony is considered a certification of the marriage and not a notarization, a notary is permitted to perform ceremonies for family members, including children and parents. You can order a Marriage Kit which will provide you with everything you need here.

Can I notarize my own signature?

It is prohibited by Florida law for a notary to notarize his/her own signature. To do so would pose a conflict of interest since you cannot be an impartial witness to yourself.

Can I give legal advice about documents, even if I am not an attorney?

Unless the notary is also a licensed attorney, a notary may not dispense legal advice or a legal explanation of documents. If a customer is confused by the contents of a document, refer them to the company/agency that created the document or to an attorney.

Can my former employer keep my notary supplies if they paid for my commission?

Notary commissions and supplies belong to the notary regardless of who purchased them. If you have an employer who refuses to release your commission or seal after you have terminated employment, the Secretary of State recommends you do the following:

-          Use the Lost/Stolen Stamp Form to notify the State that your former employer has taken possession of your seal.

-          The Secretary of State suggests mailing a certified letter to your employer stating that the seal is the property of the notary and should be returned to you.

-          If the employer refuses to return the seal, you may consider filing a report with your local law enforcement agency. This provides a permanent record that your stamp was out of your possession if someone were to use your seal improperly.

-          Contact us to replace your seal, certificate, or any other supplies you may need.

What do I do if my notary seal is lost or stolen?

Complete this form and return to us by mail, email or fax.

How much may I charge for notarizing documents?

Florida law permits you to charge up to $10 per notarization and up to $30 for marriage ceremonies. You may also charge for mileage or convenience if you are traveling to a customer. Any extra charges need to be outlined and accepted verbally or by written invoice explaining the charges before you notarize the document.

What is an Apostille or Certificate of Notarial Authority? How do I receive one?

An apostille is a certification of a notary’s commission. It is usually required for documents leaving the country. If your document requests such information, please see the Secretary of State’s website. It is the customer, not the notary, who is required to obtain the apostille.

Can I refuse to notarize?

Yes.  If all of the requirements to perform a proper notarization have not been met, if you question the signer's competence, or suspect they are being coerced, you should refuse to notarize.

If you are uncomfortable with what you are being asked to do, you can refuse.  For example, some religions may frown on one of their members performing a marriage ceremony, or you may be unwilling to notarize a will because of liability concerns.

There may also be limitations set by your employer during office hours, and they would be within their rights to impose them.  Remember, if you are notarizing as part of your job, your employer shares your liability.