In Florida, notaries hold a position of trust. They are responsible for verifying signatures, confirming identities, and ensuring documents are properly executed. However, many notaries do not realize how strictly the law regulates their duties until they are faced with a complaint or an investigation. One of the most common violations in Florida involves notarizing documents without the signer being present. This issue, along with failure to confirm identity and allegations of fraudulent acknowledgment, often leads to administrative complaints and even felony charges.
At Elevate Legal Services, PLLC, we represent licensed professionals, including notaries, who are facing complaints, investigations, and administrative hearings. Our firm, based in Boca Raton, handles matters involving the Notary Section of the Executive Office of the Governor and the Notary Commissions and Certificates Section of the Florida Department of State. We understand how sensitive these cases are and how quickly they can escalate.
If you are a Florida notary accused of misconduct, your future is at risk. Contact us today at 561-770-3335 or email [email protected] to schedule a confidential consultation.
Why Presence Is the Foundation of Florida Notary Law
Florida law is clear that a notary may not notarize a signature unless the signer appears before them. This appearance can take place either through physical presence or, under recent changes, through authorized audio-video communication technology. The requirement is set out in Florida Statute §117.107(9), and it exists for one simple reason: to prevent fraud.
When a notary confirms presence, they are ensuring that the signer is acting voluntarily, that the signer is who they claim to be, and that the document has not been altered or misused. Without presence, the notarial act loses its legitimacy. This is why the Governor’s Office and Florida regulatory agencies take violations so seriously.
Allegations of Improper Notarization Without Presence
Improper notarization without presence occurs when a notary signs and seals a document without actually witnessing the signer. Many notaries make the mistake of notarizing paperwork that is dropped off by a colleague or family member, assuming it is harmless. Unfortunately, Florida law treats this as a violation that undermines the entire notarial process.
When a complaint is filed, the consequences can include an official investigation, suspension of the notary commission, or even civil lawsuits. If the state believes that the absence of presence was intentional, the matter may escalate further. For a notary, such allegations can be devastating to both career and reputation.
At Elevate Legal Services, PLLC, we help notaries respond effectively. Our strategy may involve showing that the evidence of absence is not conclusive or demonstrating that mitigating circumstances exist. Because presence is often a factual dispute, the way you respond to the initial notice can make all the difference in the outcome.
The Importance of Confirming Identity
Presence alone is not enough. Florida law also requires notaries to confirm the signer’s identity through either personal knowledge or satisfactory evidence, such as a government-issued ID. This safeguard ensures that the individual signing is the same person named in the document.
Failure to confirm identity is treated as a separate violation. For example, accepting expired identification or relying on a third party’s word can place a notary in violation of Florida Statute §117.05(5). Even if the signer was present, the notarization may still be considered invalid if identity was not properly established.
The consequences can range from administrative complaints to civil liability. In some cases, a notary’s error is not due to fraud but rather a misunderstanding of the law. At Elevate Legal Services, PLLC, we use this distinction to defend our clients. We highlight whether the notary acted reasonably under the circumstances and whether the evidence truly supports a finding of misconduct.
Fraudulent or False Acknowledgments
Fraudulent acknowledgment is one of the most serious allegations a notary can face. This occurs when a notary certifies that a signer appeared and acknowledged a document when that did not actually happen. Under Florida Statute §117.105, this is a third-degree felony.
The penalties for fraudulent acknowledgment can include up to five years in prison, thousands of dollars in fines, and permanent damage to professional licensing status. Because of the severity of the charge, the case often crosses from administrative law into criminal law.
If you are accused of fraudulent acknowledgment, it is vital to act quickly. At Elevate Legal Services, PLLC, we defend clients in both administrative and criminal proceedings. We understand the overlap between these areas and ensure that your rights are fully protected.
How Notary Investigations Begin
Most investigations start with a formal complaint, often from a party to the notarized transaction. The Governor’s Office Notary Section typically handles these complaints. The notary will receive a letter titled Notice of Investigation, which requires a sworn written response.
The process involves the submission of evidence, review of notarial logs, and analysis of the notarized documents. Investigators then issue findings and recommendations, which can include discipline or referral for criminal prosecution. This stage is critical because what you submit in your response may determine whether the case escalates.
Responding without legal guidance can be risky. At Elevate Legal Services, PLLC, we craft responses that address the allegations while protecting your legal rights. We understand how agencies evaluate these cases and use that knowledge to your advantage.
Why Elevate Legal Services, PLLC Should Be Your First Call
When your notary commission is under attack, you need experienced representation. At Elevate Legal Services, PLLC, we focus exclusively on defending licensed professionals across Florida.
We are based in Boca Raton, but our practice is statewide. Our experience in administrative law, combined with our ability to handle criminal referrals, sets us apart. We understand that your commission is not just a certificate; it is your livelihood. Losing it can affect your career, your finances, and your future.
If you are under investigation for improper notarization, failure to confirm identity, or fraudulent acknowledgment, do not delay. Call 561-770-3335 or email [email protected] today.
Protecting Your Future as a Florida Notary
Notaries serve as gatekeepers against fraud. The law expects strict adherence to presence and identity requirements. While mistakes can happen, allegations of misconduct must be handled carefully. Whether the complaint is administrative or criminal, your response matters.
At Elevate Legal Services, PLLC, we provide the defense you need when everything is on the line. Our goal is to protect your license, defend your reputation, and give you the strongest possible position moving forward.
For immediate help, contact us at 561-770-3335 or email [email protected].
