FAQs

What is a Notary Public?
A notary’s chief responsibility is to act as an impartial witness in the execution of documents, and to certify the facts of such transactions in a notarial certificate.  By properly executing his/her duties, a notary helps to deter fraud and promote the integrity and reliability of document transactions.

What is a Certified Notary Signing Agent?
A Certified Notary Signing Agent is a Notary Public with experience in conducting real estate loan signings.  A Certified Notary Agent has passed an examination administered by a notary authority such as the National Notary Association.  Notaries go through this certification process voluntarily to demonstrate their knowledge and professionalism in their field.

May a Notary give legal advice or prepare legal documents?
Absolutely not. A Notary is forbidden from preparing legal documents or acting as a legal advisor unless he or she is also an attorney. Violators can be prosecuted for the unauthorized practice of law, so a Notary cannot answer your legal questions or provide advice about your particular document.

Can a Notary refuse to serve people?
Only if the Notary is uncertain of a signer’s identity, willingness, mental awareness, or has cause to suspect fraud. Notaries may not refuse service on the basis of race, religion, nationality, lifestyle, or because the person is not a client or customer.

Can a fax or photocopy be notarized?
Yes, if the document has an original signature.  However, a fax or photocopied signature cannot be notarized.

Can a notary perform a marriage ceremony?
Florida is one of only three U.S. States that allow notaries to solemnize marriages—South Carolina and Maine are the other two.  Notaries in West Feliciana Parish in Louisiana are also permitted to perform marriage ceremonies.

Do both parties have to be present at the Clerk’s Office to apply for a marriage license? 
Yes. Both parties must sign the application form and take an oath to the truthfulness of the information provided

Is a blood test required?
No. Blood tests are no longer required in Florida.

Is there a waiting period for the issuance of a marriage license?
There is a 3 day waiting period.  However, there is no waiting period for NON-RESIDENTS and no waiting period for Florida residents who have taken a Premarital Course by a registered course provider.  A letter of completion and statement attesting they have taken a premarital preparation course and have read the Family Law Handbook outlining the rights and responsibilities of parties to a marriage is required.

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Pledge of Ethical Practice

I am not an attorney and therefore, by law, I cannot explain or interpret the contents of any document for you, instruct you on how to complete a document or direct you on the advisability of signing a particular document. By doing so I would be engaging in the unauthorized practice of law, and could face legal penalties that include the possibility of incarceration. Any important questions about your document should be addressed to the lender, title company or an attorney.

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