State of Florida Notary Public Rules

A notary public notarizes sworn documents. The documents could be court documents, affidavits or release forms--permission forms--for a child's school activity. To become a notary public in Florida, you must take a class, which can be done online, then take a test on the rules and responsibilities of a notary public. When you pass the test, you are issued a certificate and your notary supplies, including the notary stamp. Part of a notary public's responsibility is to keep a log of documents notarized, in the event that an individual or entity sues a notary--usually in the case of alleged forged signatures.

Appointment

The notary applicant must use his real name--fictitious or assumed names are forbidden, according to Florida Statutes Section 117.01(2). The notary must also notify the Department of State whenever he moves, changes his business address, changes his phone number or obtains a criminal record. The notary has 60 days from the date of the change to notify the Department of State. The statute allows the Governor to ask for any other information he deems necessary in order to determine whether an applicant is eligible for the notary public commission.

Training

The notary public must take a notary course, which is available online from several third-party companies. When the notary public finishes the course, she must swear that she read Chapter 117 of the Florida Statutes and must take a test to show that she knows the responsibilities, duties, powers and limitations of a notary public.

Revocation

The Governor holds the authority to suspend a notary public for making false statements on his application. If a complaint is filed against the notary public and the Governor deems that the complaint has merit, a notary public can be suspended. A notary public can also be suspended and have his commission revoked if he does not respond to or cooperate in an investigation conducted by the Governors office or the Department of State (in response to a complaint). False advertising, unauthorized practice of law, and failure to report a change in circumstances--address, criminal record--are also grounds for revocation.

Other Laws

In addition to Florida Statutes 117, Florida Statutes 838.022 governs types of misconduct. A notary public is a public servant and, according to Florida Statutes 838.022 (1), a public servant cannot make a false official record, hide or alter an official record, destroy or otherwise alter an official record, or cause the obstruction or delay of communication of information relating to the commission of a felony that involves the notary.

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