LINDA J. HUBBELL NOTARY PUBLIC

Frequently Asked Questions

1.  I've been told that the notarization can be done online via webcam?  Can you do that?

    NO!!  At this time, online notarizations via webcam are not legal in the State of Florida. 

    Pursuant to Florida Statutes section 117.107(9), A notary public may not notarize a signature on a document if the person is not in the presence of the notary public at the time the signature is notarized. Any notary public who violates this paragraph is guilty of a civil infraction, punishable by penalty not exceeding $5,000, and that conduct constitutes malfeasance and misfeasance in the conduct of official duties. It is no defense to the civil infraction specified in this paragraph that the notary public acted without intent to defraud. A notary public who violates this paragraph with the intent to defraud is guilty of violating s. 117.105.

    This presence requirement refers to actual physical presence and THERE ARE NO EXCEPTIONS TO THIS PRESENCE REQUIREMENT.

 

2.   Is identification required?

     Yes.  Photo ID is required prior to notarization.  The ID must be current or, if expired, must have been issued within the past five (5) years.  The most common forms of ID are driver's license, state identification card and passports.  Other forms may be acceptable or other alternatives may be available in the event the signer does not have one of the three above mentioned forms of ID.  If this is the case, please discuss it with me.  In addition, you should be aware that there are times that photo ID is required of any witnesses to your transaction.

 

2.  Can you draw up a document for me or tell me what document I need?

    No.  Florida notaries are specifically prohibited from drafting documents.  

 

3.  I don't know if I need a Jurat or an Acknowledgement.  Can you pick one?

    No.  If not pre-printed on the document, then you must tell me what type of notarial act you need.  I will be happy to explain the difference to you but I am not allowed to tell you what type of notary certificate you need.  You will need to either make a decision once we discuss the two types of acts, or discuss it with the document preparer, who may be able to help you.

 

4.  The signer has already signed the document;  can I bring it to you to notarize?

     No.  Although it may not be required that the signer SIGN in my presence, the signer MUST appear before me in person in order for me to complete the notarization.  THERE ARE NO EXCEPTIONS TO THIS PRESENCE REQUIREMENT.

 

5.  I need a certified copy of my birth certificate.  Can you do that?

    No.  Florida notaries public are not authorized to certify copies of any document where certified copies may be obtained from another public official.  Certified copies of birth certificates, death certificates, marriage certificates, etc., must be obtained from the office where the vital statistics are retained.

 

6.  The signer is physically unable to sign but can make a mark or an "X" - can they get that notarized?

     Yes;  Signature by Mark is acceptable in the State of Florida.  However, please note that in addition to other requirements in this process, two disinterested parties must be present to witness and sign the document.  All other requirements for a normal notarization must be met (Signer must have valid, acceptable identification, signer must appear before the notary, etc).