frequently asked Questions
1. what are some acceptable forms of identification (ID Cards)?
The identification document must be:
- Current or if expired, issued within the past 5 years and
- Bear a serial or other identifying number
The following identifications are the only ones allowable for identification:
- Florida’s driver’s license or identification card
- US passport
- Foreign passport if stamped by the USCIS
- Driver’s license or non-driver’s ID issued by another US state or territory
- Driver’s license officially issued in Canada or Mexico
- US military ID
- Inmate ID issued on or after Jan 1, 1991 by the Florida Dept of Corrections or Federal Bureau of Prisons
- A sworn, written statement from a sworn law enforcement officer
- Permanent resident card (Green card)
- Veteran health ID card
***While one good ID may be sufficient to identify a signer, the mobile notary may ask for more.
2. Can an incomplete document be notarized?
No. Florida notaries are specifically prohibited from notarizing a signature on a document that is incomplete. Any blanks in a document should be filled out by the signer. If the blanks are inapplicable and intended to be left unfilled, the signer should be asked to line through each space (using ink) or to write “Not applicable” or “N/A”.
3. Can a mobile notary offer legal advice?
No. Florida notaries are not allowed to give any legal advice. If a signer is in doubt of what type of certificate (acknowledgement or jurat), the signer should refer back to individual who provided forms and ask that individual.
4. Can a mobile notary notarize my will?
Yes. A Florida notary may notarize a will, whether prepared by an attorney or not, provided the following conditions are met:
- The document signer is present and appears to understand the purpose of the documents.
- The signer is personally known or is able to produce acceptable identification. The signer may not be identified by credible witness(es).
- The document contains preprinted jurat wording, or the document signer must direct the Notary to provide a jurat.
5. Can a mobile notary be a Notary and Witness on the Same Document for a will?
Providing that the document does not require the notarization of the witnesses’ signature, the Notary may be one of the two witnesses as well as the Notary on the same document.
6. Can a mobile notary notarize a “Living Will”?
Yes. These are not actual wills but written statements of the signer’s wishes concerning medical treatment in the event that the person has an illness or injury and is unable to issue instructions on his or her behalf.
7. Can a mobile notary notarize certified copies?
Florida notaries have the authority to certify or “attest” that a copy of an original document is a complete and true reproduction of the document that was copied. The Notary’s authority to certify copies is limited to documents that are not vital records or public records, if a copy can be made by the custodian of the public record.
The permanent custodian or the original document must present it to the Notary and request a certified copy. The Notary must make or closely supervise the making of the photocopy to ensure that it is true, exact and unaltered.
Examples of the documents that may be lawfully photocopied and certified by a Florida Notary are:
- Diploma
- Florida driver’s license
- Vehicle title
- Social security card
- Medical record
- Passport
- Bill of sale
- Contract
- Lease
Florida law permits Notaries to certify only photocopies of original documents, never hand-rendered reproductions. To minimize the opportunity for fraud, the making of the photocopy should be done by the Notary. Otherwise, the Notary should carefully compare the copy to the original, word for word, to ensure that it is complete and identical.
Florida Notaries are prohibited from certifying copies of recordable documents.
Florida Notaries are prohibited from certifying copies of vital records – birth and death certificates.
dISCLOSURE
***I am not an attorney licensed to practice law in the state of Florida, and I may not give legal advice or accept fees for legal advice.***