Facing an investigation from the Notary Section is a high-stakes moment for any Florida Notary Public. A formal notice from the Notary Section of the Executive Office of the Governor signals that your actions are under scrutiny. In Florida, a notary commission is more than a simple authorization—it is a public office built on trust. When that trust is challenged under Florida Statutes 117.107(9), 117.05(5), or 117.105, both your professional reputation and your livelihood may be at risk.
At Elevate Legal Services, PLLC, we provide sophisticated defense for professionals facing administrative complaints and regulatory hearings. We understand that a single administrative error shouldn’t define your career if you are under investigation or have received an administrative complaint.
Call Elevate Legal Services, PLLC today on 561-770-3335 for a confidential consultation, or contact us to speak with an attorney about your matter.
Our team is dedicated to navigating the complexities of Florida administrative law to protect your commission and your future.
Understanding the Authority: The Notary Section of the Executive Office of the Governor
Unlike many other licensed professionals in Florida who fall under the Department of Business and Professional Regulation (DBPR), Notaries Public are commissioned directly by the Governor. The Notary Section of the Executive Office of the Governor is responsible for the appointment, reappointment, and discipline of notaries.
When a complaint is filed, whether by a disgruntled client, a real estate professional, or a government agency, the Governor’s office has the statutory authority to investigate. If they find evidence of a violation, the penalties can range from a formal letter of advice to the permanent revocation of your commission and even criminal referrals.
The Triple Threat: Breaking Down the Statutes
Most investigations from the Notary Section center on specific procedural failures. Let’s look at the three critical statutes often cited in administrative complaints.
1. Florida Statute 117.107(9): The Presence Requirement
This is perhaps the most frequent source of notary discipline. Florida Statute 117.107(9) states:
“A notary public may not notarize a signature on a document if the person whose signature is being notarized is not in the presence of the notary public at the time the signature is notarized.”
While Florida has legalized Remote Online Notarization (RON), those procedures are incredibly strict. If you are a traditional notary and you notarize a signature for someone who is “calling in” via FaceTime (without following RON statutes) or someone whose signature was already on the paper when it reached your desk, you are in violation.
The Risk: The Governor’s office views “notarizing in absentia” as a fundamental breach of duty. It facilitates fraud and identity theft, making it a priority for enforcement.
2. Florida Statute 117.05(5): The Identification Mandate
This statute dictates how you must identify the signer. You must have “satisfactory evidence” of the signer’s identity, which generally means:
- Personal Knowledge: You have a long-standing relationship with the person.
- Government-Issued ID: A current driver’s license, passport, or inmate ID card.
- Credible Witnesses: If the person lacks an ID, two witnesses who know the signer and have IDs themselves must swear to the signer’s identity.
The Risk: Failure to properly record the type of identification used or accepting an expired or “unofficial” ID can lead to an investigation under 117.05(5).
3. Florida Statute 117.105: False or Fraudulent Acknowledgments
This is a “catch-all” and highly serious statute. It prohibits a notary from falsely certifying that a signature was made in their presence or that an oath was administered when it wasn’t.
The Risk: Violating 117.105 often moves the needle from a simple administrative mistake to a third-degree felony. If the Governor’s office believes you knowingly falsified a certificate, they will not only seek to revoke your license but may also refer the case to the State Attorney’s Office.
The Investigation Process: What to Expect
If you are being investigated by the Notary Section, the process generally follows a specific administrative path.
The Initial Inquiry
You will typically receive a letter notifying you that a complaint has been filed. The letter will outline the alleged violations and request a written response. This is the most critical stage. Many notaries make the mistake of responding emotionally or admitting to “minor” mistakes without realizing they are handing the state the evidence needed to revoke their commission.
The Probable Cause Determination
After your response, an investigator reviews the file. If they find “probable cause” that a violation occurred, they may issue an Administrative Complaint. This is a formal legal document detailing the charges against you.
Settlement or Hearing
Once an Administrative Complaint is issued, you have the right to a hearing. You may choose:
- An Informal Hearing: If you do not dispute the facts but want to argue for a lower penalty.
- A Formal Hearing: If you dispute the facts. This takes place before an Administrative Law Judge (ALJ) at the Office of Administrative Hearings (DOAH).
Why Professional Defense Matters
Many notaries believe that because the “fee” for a notarization is small (usually $10), the legal stakes are also small. This is a dangerous misconception.
The Collateral Damage of Revocation
For many professionals, Real Estate Agents, Paralegals, Bank Employees, and Title Agents, holding a notary commission is a requirement of their employment. If the Notary Section of the Executive Office of the Governor revokes your commission:
- Employment Termination: You may lose your job immediately.
- Professional Stigma: A permanent record of administrative discipline is public information.
- Future Licensing: It can prevent you from obtaining other professional licenses (like a real estate or insurance license) in the future.
How Elevate Legal Services, PLLC Protects You
At Elevate Legal Services, PLLC, our approach to defending Florida notaries is comprehensive:
- Evidence Review: We scrutinize the notary journal, the document in question, and the circumstances of the signing.
- Statutory Interpretation: We argue the nuances of Statutes 117.107(9) and 117.05(5), ensuring the state meets its burden of proof.
- Mitigation: If a mistake was made, we present evidence of your prior clean record, lack of intent to defraud, and any corrective actions taken to prevent future errors.
Take Action to Save Your Commission
The Notary Section of the Executive Office of the Governor takes its oversight role seriously. In an era of widespread identity theft and mortgage fraud, there is little tolerance for procedural shortcuts. Facing an investigation from the Notary Section under Florida Statute 117.105 or related provisions is a serious matter, and it is not something you should handle on your own.
Elevate Legal Services, PLLC, is here to provide the authoritative, professional, and empathetic representation you need. We know the Florida Administrative Code, we know the Governor’s Notary Section procedures, and we know how to fight for your rights.
Call us today at 561-770-3335 or contact us online for a confidential consultation.
Frequently Asked Questions (FAQs)
Can I just resign my commission to stop the investigation?
While you can resign, the Governor’s office may still complete the investigation and mark your file as “Resigned Pending Investigation” or “Revoked.” This can still impact your future professional endeavors. It is usually better to defend the case.
What are the penalties for a violation of F.S. 117.107(9)?
Penalties can include a written reprimand, a fine, mandatory education courses, or suspension/revocation of your commission. If the violation was intentional or part of a fraud scheme, criminal charges are possible.
Does my “Notary Errors and Omissions” (E&O) insurance cover my legal defense?
Some policies do, but many only cover the financial loss of the victim of a bad notarization, not your legal fees for an administrative defense. You should check your policy, but regardless, you need independent counsel who specializes in Florida Administrative Law.
