Can you sue a notary in Florida?
Asked by: Lacey Swaniawski | Last update: April 9, 2025Score: 4.5/5 (58 votes)
The notary public or the notary public's employer can be held liable for any civil damages caused by the misconduct. Contact us to discuss the different types of criminal or civil liability that might be imposed if the case is not handled properly.
What is misconduct for a notary in Florida?
Any time a notary public fails to uphold his or her responsibilities, it is considered misconduct and a criminal offense. One of the more common offenses is a notary public who authorizes a document without the person whose signature is on the document being present.
Why would someone sue a notary?
Examples of notarial misconduct include the following: 1) the notary notarized an instrument without the signer being present; 2) the notary failed to establish the identity of the signer by satisfactory evidence; 3) the notary failed to execute proper notarial procedures; and 4) the notary knew that the document ...
What is the most common mistake made by a notary?
One of the most common mistakes that notaries make is not printing or signing their name exactly as it appears on their notary commission.
How do I report a Florida notary?
Suspected notary misconduct may be reported by filing a formal complaint with the Notary Section of the Florida Governor's office. Your complaint against the notary should: Provide all facts related to the alleged misconduct. Include a copy of the improperly notarized document.
How To Become A Notary Public In Florida
Are notaries liable?
A notary public is always liable for all actions, whether intentional or unintentional. This liability is unlimited to financial losses and damages.
Who regulates Florida notaries?
Under the Florida Constitution and Florida Statutes, it falls within the jurisdiction of the Governor's Office to review complaints of misconduct against notaries and to take disciplinary action when deemed appropriate.
Which of the following offenses cancels a notary application?
The examples include but are not limited to: assault, arson, auto theft, burglary, possession or sale of illegal drugs, embezzlement, forgery, fraud, failure to pay child support or failure to comply with a court order.
What makes a notary invalid?
Missing or Incorrect Notary Seal
States like California and Texas have specific requirements for the placement and design of the seal. Without a proper seal, legal and financial institutions may reject the document.
What are the downsides of being a notary?
- Steady income can be difficult.
- You could be sued for a lot of money.
- Upstart and upkeep costs can add up.
Will a notary hold up in court?
No, notarization itself does not make a document legally binding. While it verifies the identities and consent of the signers, the enforceability of a document depends on its content and compliance with the applicable laws, among other factors. Notarization primarily enhances credibility and deters fraud.
Can you refuse to do a notary?
In order to properly refuse a notarization, you should have one or more reasons to do so that can be objectively articulated in your journal. In other words, you should be able to explain why you are refusing to notarize. If you can't explain it, then you don't have a sufficient basis to do it.
What happens if you notarize something you shouldn t?
Criminal Penalties
Under some state laws, certain violations in performing a notarization can lead to a Notary being found guilty of a misdemeanor or even a felony in serious cases. Some states issue criminal penalties for specific acts.
What can a Florida notary not notarize?
(10) A notary public may not notarize a signature on a document if the document is incomplete or blank. However, an endorsement or assignment in blank of a negotiable or nonnegotiable note and the assignment in blank of any instrument given as security for such note is not deemed incomplete.
Can you break a notarized agreement?
There is a huge misconceptions that if individuals go and get a document notarized everything is good, but that is not the case because the notarized document is not a court order, it is an agreement between the parties, but ultimately it cannot be enforced because it is not signed off by a judge.
What qualifies as misconduct Florida?
(1) "Official misconduct" means the commission of the following act by a public servant, with corrupt intent to obtain a benefit for himself or herself or another or to cause unlawful harm to another: knowingly falsifying, or causing another to falsify, any official record or official document.
How often do notaries make mistakes?
Notary mistakes and errors increase the number of rejected documents. Most rejected documents contain minor or major notarization mistakes. On average, 30% of notarized documents contain mistakes. But depending on your county and state, this rejection rate can vary.
What makes a notarized document invalid in Florida?
A notarized document can become invalid due to clerical errors, missing signatures, or improper notary procedures. Mistakes like failing to verify the signer's identity with a government-issued ID, inaccuracies in critical details, or missing signatures can compromise a document's integrity.
How do you void a notary?
To void a notarized document, legal proceedings must be initiated. The affected party typically files a petition or lawsuit.
What disqualifies you from being a notary in Florida?
Generally, crimes involving dishonesty, fraud, or moral turpitude would disqualify someone from being a notary public. All states bar those with felonies from becoming a notary public.
What may a negligent notary public be personally liable for?
The bond a Notary Public is required to post is meant to ensure that the injured party can recover up to $10,000, but the Notary can still be held personally liable for any damages he or she has caused and may be subject to criminal prosecution and revocation or suspension of his or her notary public commission.
Which of the following are prohibited acts for a notary?
A notary cannot proceed if the required notarial act is not indicated by the document, the signer or someone connected to the document. Notaries cannot authenticate or validate objects. Notaries cannot give advice or opinions that should be given by an attorney—this is unlicensed practice of law.
How much can a notary charge in Florida?
As a Florida notary, you may charge up to $10 in notary fees for any notarial act. You may charge $30 to perform a wedding ceremony. Keep in mind, if you charge a higher fee than prescribed by law, the Governor may suspend your commission. The law does not address miscellaneous travel fees for notarial acts.
Can a notary marry someone in Florida?
Florida is one of only three states (the other two are South Carolina and Maine) who authorize their notaries public to "solemnize the rites of matrimony." §117.045, Florida Statutes.
Can I notarize my own documents in Florida?
(1) A person may not obtain or use a notary public commission in other than his or her legal name, and it is unlawful for a notary public to notarize his or her own signature.