117.107
Prohibited acts.
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117.107 Prohibited acts.—
(1) A notary public may not use a name or initial in signing certificates other than that by which the notary public is commissioned.
(2) A notary public may not sign notarial certificates using a facsimile signature stamp unless the notary public has a physical disability that limits or prohibits his or her ability to make a written signature and unless the notary public has first submitted written notice to the Department of State with an exemplar of the facsimile signature stamp. This subsection does not apply to or prohibit the use of an electronic signature and seal by a notary public who is registered as an online notary public to perform an electronic or online notarization in accordance with this chapter.
(3) A notary public may not affix his or her signature to a blank form of affidavit or certificate of acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or acknowledgment.
(4) A notary public may not take the acknowledgment of or administer an oath to a person whom the notary public actually knows to have been adjudicated mentally incapacitated by a court of competent jurisdiction, where the acknowledgment or oath necessitates the exercise of a right that has been removed pursuant to s. 744.3215(2) or (3), and where the person has not been restored to capacity as a matter of record.
(5) A notary public may not notarize a signature on a document if it appears that the person is mentally incapable of understanding the nature and effect of the document at the time of notarization.
(6) A notary public may not take the acknowledgment of a person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand.
(7) A notary public may not change anything in a written instrument after it has been signed by anyone.
(8) A notary public may not amend a notarial certificate after the notarization is complete.
(9) A notary public may not notarize a signature on a document if the person whose signature is being notarized does not appear before the notary public either by means of physical presence or by means of audio-video communication technology as authorized under part II of this chapter at the time the signature is notarized. Any notary public who violates this subsection is guilty of a civil infraction, punishable by penalty not exceeding $5,000, and such violation constitutes malfeasance and misfeasance in the conduct of official duties. It is no defense to the civil infraction specified in this subsection that the notary public acted without intent to defraud. A notary public who violates this subsection with the intent to defraud is guilty of violating s. 117.105.
(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.
(11) A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public.
(12) A notary public may not notarize a signature on a document if the notary public has a financial interest in or is a party to the underlying transaction; however, a notary public who is an employee may notarize a signature for his or her employer, and this employment does not constitute a financial interest in the transaction nor make the notary a party to the transaction under this subsection as long as he or she does not receive a benefit other than his or her salary and the fee for services as a notary public authorized by law. For purposes of this subsection, a notary public who is an attorney does not have a financial interest in and is not a party to the underlying transaction evidenced by a notarized document if he or she notarizes a signature on that document for a client for whom he or she serves as an attorney of record and he or she has no interest in the document other than the fee paid to him or her for legal services and the fee authorized by law for services as a notary public.
History.—s. 7, ch. 91-291; s. 4, ch. 92-209; s. 749, ch. 95-147; s. 19, ch. 95-280; s. 8, ch. 98-246; s. 33, ch. 2006-178; s. 5, ch. 2019-71.
Notes of Decisions
Cited in 8
cases (4 in the last 5 years), 1994–2025 · leading case: In Re Ulmer
In Re Ulmer (2007)
“§ 26-1-95 (making it a crime for a notary to make a false certification); Fla. Stat. § 117.107 (9) (making it a crime for a notary to notarize a document if the affiant is not in the presence of the notary notwithstanding that the notary had no intent to defraud).”
Florida Outdoor Advert., LLC v. City of Boca Raton, Fl (2003)
“In addition, § 117.107(7) prohibits a notary from making changes to a document after it is signed.”
Zuppardo v. Oscher (In Re J.H. Investment Services, Inc.) (2009)
“Zuppardo relies on Florida Statute § 117.107(7) which prohibits a notary public from changing a written instrument after it has been signed.”
Walker v. United States (2025)
“05 (5) re: Falsifying Notarized Documents (Count III); (4) violation of Fla. Stat. § 117.107 (9) re: Notarizing Signatures (Count IV); (5) rescission based on fraud (Count V); (6) negligence (Count VI); (7) negligent hiring (Count VII); (8) violation of TILA & Regulation Z…”
JEFFREY SCHEIBLE, as Personal Representative of the ESTATE OF JANICE JOHNSON v. AUDLEY LIVINGSTON BROWN (2022)
“” § 117.107(9), Fla. Stat. (2015). The breach of that statutory duty creates liability when it is the proximate cause of the damages sustained by the plaintiff.”
Starship 1, LLC v. Sky Support LLC (2023)
“Fla. Stat. § 117.107 (9) (“A notary public may not notarize a signature on a document if the person whose signature is being notarized does not appear before the notary public either by means of physical presence or by means of audio-video communication technology as authorized…”
Ana Luisa Gonzalez v. State of Florida (2025)
“Ana Luisa Gonzalez appeals the trial court’s denial of her motion to suppress, arguing that the affidavit leading to the search warrant in question was deficient as a matter of law because it was witnessed by a law enforcement officer who was “a party to the underlying…”
State v. Sailer (1994)
“See § 117.107, Fla.Stat. (Supp.1992). This act is not to be undertaken falsely or fraudulently.”
— 117.107(12) — 1 case
Ana Luisa Gonzalez v. State of Florida (2025)
“Ana Luisa Gonzalez appeals the trial court’s denial of her motion to suppress, arguing that the affidavit leading to the search warrant in question was deficient as a matter of law because it was witnessed by a law enforcement officer who was “a party to the underlying…”
— 117.107(7) — 2 cases
Florida Outdoor Advert., LLC v. City of Boca Raton, Fl (2003)
“In addition, § 117.107(7) prohibits a notary from making changes to a document after it is signed.”
Zuppardo v. Oscher (In Re J.H. Investment Services, Inc.) (2009)
“Zuppardo relies on Florida Statute § 117.107(7) which prohibits a notary public from changing a written instrument after it has been signed.”
— 117.107(9) — 2 cases
Florida Outdoor Advert., LLC v. City of Boca Raton, Fl (2003)
“In addition, § 117.107(7) prohibits a notary from making changes to a document after it is signed.”
JEFFREY SCHEIBLE, as Personal Representative of the ESTATE OF JANICE JOHNSON v. AUDLEY LIVINGSTON BROWN (2022)
“” § 117.107(9), Fla. Stat. (2015). The breach of that statutory duty creates liability when it is the proximate cause of the damages sustained by the plaintiff.”
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