Are There Penalties for Notary Violations in Florida?
If you are a notary public in Florida, or applying to be one, you assume a solemn responsibility administering oaths, attesting to photocopies, performing marriages in one of only three states that allow it, and taking acknowledgments. You must be impartial so you cannot prepare documents, and you must ensure the signer is who they say they are, and that they understand the meaning and repercussions of what they are signing.
You know you must meet eligibility requirements, obtain a $7,500 surety bond, and follow all rules during your four-year term, but many people still have questions about whether there are penalties for notary violations in Florida. The answer is yes, and they can be draconian, up to criminal felony charges if you notarize a document fraudulently. The fraud defense attorneys at The Umansky Law Firm can provide more information on these rules, and can represent you if prosecutors are alleging you violated your duty as a notary.
What are Prohibited Acts for Notaries?
In keeping with your fiduciary duty to provide exemplary services, there are several prohibited acts that affect your commission, can lead to fines, and can land you in court with criminal charges. These include:
- Failing to use your exact name to sign notarial certificates, with no variations
- Pre-signing blank forms for the party using your services to fill in later
- Notarizing documents and signatures for people the court has deemed mentally incapacitated and removed their right to have their signatures notarized as true
- Notarizing an incapable person’s signature even without a court ruling on capacity if the person appears to not understand what signing a document means
- Taking an acknowledgement from a person who does not understand English unless the document and its effect are translated into a language they understand
- Altering a written document after the person seeking notarization signs it, or amending a notarial certificate after you have notarized it
- Notarizing a person’s signature who is not present in-person or through authorized technology in Florida
Unless you are separately licensed as an attorney in Florida, you cannot offer legal advice or prepare legal documents for someone seeking notary public services because the state considers this the unauthorized practice of law. You can lose your notary public privileges if you overstep your limits and prepare legal documents. If you are unsure that what you are asked to do falls outside the realm of a notary public, consult a knowledgeable attorney to discuss penalties for violations.
Penalties Depend on Intent
Florida bifurcates penalties depending on whether you intended to fraudulently notarize a signature or just didn’t follow the rules because you didn’t know. If you notarize a signature when the signor is not in your presence, even with no intent to deceive, you can be fined with a civil penalty of up to $5,000. The Governor’s Office can also suspend or revoke your commission permanently for malfeasance, even without intent to defraud.
Intentionally notarizing someone’s signature when they are not before you is intent to defraud, or if you fraudulently make a certificate or take an acknowledgement, you could face a third-degree felony and up to five years in prison.
Call Our Florida Attorneys If You Are Accused of Notary Violations and Facing Penalties
Notaries have an important job, but it comes with a lot of rules. Violating them could lead to charges. Because of the severity of the penalties for notary violations in Florida, you should seek top-notch representation from The Umansky Law Firm now. We are available to hear about your situation and offer advice on how to respond.
