Sunshine State Strictness: Florida Handbook Trivia - Test Your Knowledge Tuesday

Think you know everything about being a notary in the Sunshine State? Join Eddie Montes Travis and Marylyn Lee Trotter as they quiz you on the specific rules and regulations found in the official Florida manual. It is time to see if your expertise is as bright as the Florida sun or if you need a quick refresher on the law.

• Journal Requirements: While Florida does not require a paper journal for all acts, we discuss why keeping one is a best practice for protecting yourself from liability.
• Marriage Ceremonies: Florida is unique because notaries can perform marriages, and we break down the specific steps required to make the union legal.
• Fee Limits: Stay compliant by knowing the maximum amount you can legally charge for different types of notarial acts across the state.
• Physical Presence: We clarify the strict rules regarding the physical presence of the signer and what happens if you fail to follow this golden rule.

Testing your skills is the best way to stay sharp and avoid costly mistakes in the field. Make sure to subscribe and like the podcast to never miss another trivia challenge!

Show Notes:
• Florida's unique power to perform marriage ceremonies as a notary public.
• The importance of keeping a voluntary journal in the Sunshine State for liability protection.
• Understanding the maximum fee schedules for standard notary services.
• Ensuring the physical presence of signers for all traditional notarial acts.

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Notary Operational Excellence: Mastering Certificates, Journals, Ink, and Copy Certification on Amazon

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Executive Producer Derrick Spruill
Writers Marylyn Lee Trotter and Eddie Montes Travis
Graphics & Illustrations by Eddie Montes Travis
Music by Thomas Bynum
This Show is Produced by Magnificent Workz
Business Solutions

Transcript

SPEAKER_02 0:00

Are you an aspiring notary looking to join millions of other notaries? Start your journey with the Notary Public Foundation by Derek Spruell. This essential guide provides the step-by-step process to becoming commissioned in your state. Don't stumble into the role. Walk into it with confidence. Grab your copy of the Notary Public Foundation by Derek Spruell on Amazon today.

SPEAKER_00 0:25

Welcome to Notary Knowledge. I am Marilyn Lee Trotter, and sitting here with me is Eddie Montez Travis.

SPEAKER_03 0:30

Hey everyone, it's so great to be back for another show.

SPEAKER_00 0:33

It really is. And uh before we jump into things, we want to remind you to check out the Notary Knowledge books by Derek Spruel.

SPEAKER_03 0:40

Yeah, they are an absolutely incredible resource. You can grab them right now on the Notary Knowledge website.

SPEAKER_00 0:44

Exactly. And while you're at it, be sure to check out our video show, No Notary, with Eddie Montez Travis, as well as my quick video series, Maryland's 90 seconds of notary.

SPEAKER_03 0:55

There is just, you know, so much good content out there for everyone. So what is on the agenda for today's conversation?

SPEAKER_00 1:02

Well, we are focusing on the sunshine state today. So we're looking at Florida laws.

SPEAKER_03 1:07

Oh, nice. Florida is definitely known for its strictness.

SPEAKER_00 1:10

Right. The sunshine state strictness is real. We've got a massive stack of Florida statutes here, specifically Chapter 117 plus the administrative codes.

SPEAKER_03 1:18

And uh we've got some great legal analyses on compliance, too.

SPEAKER_00 1:21

Yeah, we do. Because we want you to understand that a Florida notary isn't just, you know, someone who stamps a piece of paper.

SPEAKER_03 1:28

No, not at all. They are a critical public officer.

SPEAKER_00 1:31

Aaron Powell Exactly. They balance these really strict traditional physical laws with cutting-edge digital technology. Trevor Burrus, Jr.

SPEAKER_03 1:38

And it matters, right, because these rules protect the public from massive fraud.

SPEAKER_00 1:43

It sounds kind of dry until you realize it involves biometric tech, fraud prevention, and uh the power to legally marry people.

SPEAKER_03 1:52

Aaron Powell Yeah, the marriage thing always surprises people. But let's start with the basics of Florida Handbook Trivia.

SPEAKER_00 1:57

Let's do it. I'm gonna throw a trivia scenario out there. Let's call it the Mike from Minnesota scenario, or in this case, Mike in Florida.

SPEAKER_03 2:04

I love a good scenario. Hit me.

SPEAKER_00 2:06

Okay. Here's the question for you listening. How old does a minor have to be to have their signature notarized in Florida? Is it A 16, B, 18, or C, there is no age limit?

SPEAKER_03 2:18

Give you a couple seconds to think about that one.

SPEAKER_00 2:20

All right, time's up. The answer is C, there is no age limit.

SPEAKER_03 2:22

Which is wild, right? But it's true.

SPEAKER_00 2:24

But and this is the important part. The minor has to be physically present and meet the exact same ID standards as an adult.

SPEAKER_03 2:30

Right. A parent absolutely cannot just sign for them or like vouch for them.

SPEAKER_00 2:35

Because Florida enforces this unbreakable rule of physical presence for traditional acts, it's the whole foundation of their anti-fraud system.

SPEAKER_03 2:44

Yeah, it really is. The core duty is just verifying identity. And Florida only gives you three acceptable ways to do that.

SPEAKER_00 2:52

The first one being personal knowledge, right. Which means the notary actually knows you.

SPEAKER_03 2:56

Yes. But it's not just, you know, recognizing the guys from the coffee shop.

SPEAKER_00 3:01

Right. It's a deep enough personal acquaintance that the notary is willing to risk their commission on it.

SPEAKER_03 3:06

Exactly. So most of the time you're using the second method, which is satisfactory ID.

SPEAKER_00 3:11

Aaron Powell And that's not just any ID. It has to be a state-issued driver's license, passport, things like that.

SPEAKER_03 3:17

Yeah. And structurally, it has to have a photo, a physical description, and a signature. Trevor Burrus, Jr.

SPEAKER_00 3:22

So the notary is actually cross-referencing your face, checking your eye color, and watching you sign.

SPEAKER_03 3:28

They are acting as a sort of legal bouncer, honestly.

SPEAKER_00 3:31

Legal bouncer. I love that analogy. You're at the velvet rope of the justice system.

SPEAKER_03 3:35

And if you don't have that ID, like if an elderly person doesn't drive anymore, there is a third way.

SPEAKER_00 3:41

The sworn statement of credible witnesses, right?

SPEAKER_03 3:44

Exactly. Two people who do have valid IDs have to swear under oath that you are who you say you are.

SPEAKER_00 3:50

Wow. And they can't have any financial interest in the document, right?

SPEAKER_03 3:54

Correct. The notary is triangulating your identity through legally binding oaths from other people.

SPEAKER_00 4:01

So with all this intense legal responsibility, you'd think notaries are making a fortune.

SPEAKER_03 4:06

Oh, definitely not. For traditional acts, Florida caps the fee at exactly $10.

SPEAKER_00 4:11

Wait, $10? That's it.

SPEAKER_03 4:13

That is it. $10 per act.

SPEAKER_00 4:15

I mean, $10 to take on the liability of, say, a massive real estate transfer? That seems wild.

SPEAKER_03 4:21

It does, but it's really an access to justice issue.

SPEAKER_00 4:23

Oh, I see. So if they charged $100, lower income folks would be priced out of legal services.

SPEAKER_03 4:28

Exactly. The notary is a public servant first. In fact, witnessing a vote by mail ballot is completely free.

SPEAKER_00 4:34

Oh, they can't charge anything for that.

SPEAKER_03 4:36

Nothing at all. But here's the kicker. While fees are capped, traditional notaries still have to carry a $7,500 bond.

SPEAKER_00 4:45

And I think people really misunderstand what a bond is. They think it's insurance for the notary.

SPEAKER_03 4:49

Yeah, that is a huge misconception. The bond does not protect the notary at all.

SPEAKER_00 4:54

It protects the public, right?

SPEAKER_03 4:55

Exactly. It protects you, the listener.

SPEAKER_00 4:58

So if a notary makes a mistake, like they let a fake ID slip past the velvet rope and it causes me financial harm, I file a claim against their bond.

SPEAKER_03 5:08

Yes. The surety company pays you out up to that $7,500.

SPEAKER_00 5:12

But then what happens to the notary?

SPEAKER_03 5:14

The surety company goes right after the notary's personal bank account to get that money back.

SPEAKER_00 5:19

Oh wow. So if the notary wants to protect their own assets, what do they do?

SPEAKER_03 5:23

They have to buy a completely separate errors and omissions policy or EO insurance.

SPEAKER_00 5:27

Okay, so EO protects the notary, but the bond protects the public.

SPEAKER_03 5:32

You nailed it.

SPEAKER_00 5:33

So if their whole job is being this bouncer physically looking at an ID in a face, what happens when the signer can't be in the room?

SPEAKER_03 5:42

Well, for a long time the answer was just too bad. You had to be there.

SPEAKER_00 5:45

Right. Doesn't the whole system kind of break down without physical presence?

SPEAKER_03 5:50

It did. Until 2020. That's when Florida legalized remote online notarization, or ARN.

SPEAKER_00 5:57

Ah, the digital frontier. So the bouncer goes virtual.

SPEAKER_03 6:00

Exactly. The notary still has to be physically located in Florida, though.

SPEAKER_00 6:04

Their feet have to be on Florida soil.

SPEAKER_03 6:06

Yeah, but the signer can be anywhere. Tokyo, London, or just down the street in Miami.

SPEAKER_00 6:11

But surely that makes it easier to use a fake ID, right? It sounds like a fraudster's dream to just hold up a fake card to a webcam.

SPEAKER_03 6:19

You'd think so. But the state actually made the security protocols incredibly intense to counter that.

SPEAKER_00 6:24

They raised the barrier to entry for the notary, too, right?

SPEAKER_03 6:27

Massively. To become Iran, that bond jumps from $7,500 to $25,000.

SPEAKER_00 6:32

Whoa. And they have to carry a $25,000 EO policy on top of that.

SPEAKER_03 6:36

Yes, it's mandatory. Plus, the fee cap goes up to $25 per online act to cover the overhead.

SPEAKER_00 6:42

Overhead like what? The software?

SPEAKER_03 6:44

Software, yeah, but also record keeping. They have to keep full audio video recordings and electronic journals for 10 years.

SPEAKER_00 6:51

10 years? That is a massive amount of video storage.

SPEAKER_03 6:55

It really is. Sometimes they even have to use a secure third-party repository.

SPEAKER_00 6:59

Okay, so the state has the tape, but how does the notary actually verify a plastic ID over a compressed Zoom feed?

SPEAKER_03 7:08

They don't just use their eyes. Florida requires a strict multi-factor authentication framework.

SPEAKER_00 7:13

Okay, so what is the first step of that?

SPEAKER_03 7:15

It's called credential analysis. The signer uploads high-res photos of their ID.

SPEAKER_00 7:21

Uh, and a software program analyzes it.

SPEAKER_03 7:23

Exactly. A third-party software checks the microprinting, the holograms, the barcode data.

SPEAKER_00 7:29

Wow, so it's actually harder to fake than an in-person meeting.

SPEAKER_03 7:32

Arguably, yes. The software catches things a human eye would easily miss.

SPEAKER_00 7:36

But what if a fraudster just buys my real identity on the dark web? They have my actual data.

SPEAKER_03 7:41

That is where the second step comes in knowledge-based authentication or KBA.

SPEAKER_00 7:45

I've heard of this. This is the quiz, right?

SPEAKER_03 7:47

Yeah. The system generates at least five multiple choice questions from decades of your public records.

SPEAKER_00 7:53

Like, uh, what color was the car you registered in 2012?

SPEAKER_03 7:57

Exactly. And you have to score at least 80%.

SPEAKER_00 8:00

I mean, a fraudster wouldn't know my old car color.

SPEAKER_03 8:02

Right. And here is the best part the statute requires a timer. You have to finish all five questions in under two minutes.

SPEAKER_00 8:11

Oh wow. Two minutes.

SPEAKER_03 8:12

Yeah, so you literally do not have time to Google the answers.

SPEAKER_00 8:15

That is brilliant. But wait, a webcam only sees what's in the frame, right?

SPEAKER_03 8:19

Right, which is a known vulnerability.

SPEAKER_00 8:20

So what if someone is off-camera pointing a weapon at the signer or like coercing them?

SPEAKER_03 8:26

That's where Florida carves out some very specific edge cases. They deliberately require a human touch for vulnerable adults.

SPEAKER_00 8:33

Vulnerable adults. How does the notary know someone is a vulnerable adult over a screen?

SPEAKER_03 8:38

Aaron Ross Powell The Rn platform actually mandates verbal screening questions right at the start.

SPEAKER_00 8:43

Like asking who's in the room with you.

SPEAKER_03 8:45

Exactly. And if it's a vulnerable adult, say, someone with an age-related impairment and they need help setting up the tech, remote witnesses are legally ineffective.

SPEAKER_00 8:53

Aaron Powell Wait, really? So if my nephew is off camera helping me with the iPad, the remote witness part doesn't count.

SPEAKER_03 8:59

Nope. In that specific scenario, the witnesses must be physically present in the room with the signer.

SPEAKER_00 9:05

That is a fascinating rule to prevent elder fraud. It shows that Florida still really values the physical space.

SPEAKER_03 9:11

They really do. And speaking of physical space, we have to talk about marriages.

SPEAKER_00 9:15

Yes. This is highly unique. Florida is one of only three states, along with South Carolina and Maine, where notaries can solemnize a marriage.

SPEAKER_03 9:25

It's such a cool power. And the fee for it is capped at $30, which matches the circuit court clerk.

SPEAKER_00 9:31

But there are jurisdictional quirks, right? Like, can they marry someone in Georgia?

SPEAKER_03 9:35

Absolutely not. They cannot perform the ceremony outside of Florida's geographic borders.

SPEAKER_00 9:40

And they can't use an out-of-state marriage license either.

SPEAKER_03 9:42

Right. Also, Florida does not allow notaries to solemnize marriages online via RON.

SPEAKER_00 9:49

So no Zoom weddings.

SPEAKER_03 9:50

No Zoom weddings. It has to be in person.

SPEAKER_00 9:53

Okay, but I want to point out an incredible irony here that we found in the sources.

SPEAKER_03 9:57

Oh, I know where you're going with this.

SPEAKER_00 9:58

So a Florida notary can legally unite their own parents in marriage.

SPEAKER_03 10:03

Right. Yes. They can officiate that ceremony.

SPEAKER_00 10:05

But they can't notarize a simple car title for those same parents.

SPEAKER_03 10:09

Correct. They absolutely cannot.

SPEAKER_00 10:11

That is hilarious. Why is that?

SPEAKER_03 10:13

It comes down to the conflict of interest doctrine.

SPEAKER_00 10:15

Okay, break that down for us.

SPEAKER_03 10:16

Aaron Powell A notary cannot notarize for a spouse, child, or parent because they lack impartiality. They might financially benefit from the document.

SPEAKER_00 10:25

Aaron Powell Right. Like if my husband signs a deed, it affects my property rights too.

SPEAKER_03 10:30

Exactly. But a marriage ceremony is viewed completely differently under the statute. It's a right, not a financial contract.

SPEAKER_00 10:36

Aaron Ross Powell That makes sense. But with all these nuanced rules, I mean timers, screening questions, conflict of interest, it has to be incredibly easy to make a mistake.

SPEAKER_03 10:47

Aaron Powell It is. Which is why we need to talk about the risks and the penalties.

SPEAKER_00 10:51

Because what happens when a notary crosses the line?

SPEAKER_03 10:54

The consequences are severe. Let's start with the absolute biggest rule.

SPEAKER_00 10:58

The prohibition on notarizing a document if the signer isn't present.

SPEAKER_03 11:02

Exactly. Whether it's physical presence or a compliant R on session, there are zero exceptions.

SPEAKER_00 11:07

So you can't just notarize a document because your friend called and said they signed it at home?

SPEAKER_03 11:12

No, never. Another huge violation is notarizing incomplete or blank documents.

SPEAKER_00 11:18

Right. Because if you stamp a blank document, someone can just write whatever terms they want on it later.

SPEAKER_03 11:23

It's basically handing someone a state-sanctioned blank check.

SPEAKER_00 11:26

So are the penalties just a slap on the wrist?

SPEAKER_03 11:29

Far from it. A violation of the presence requirement is a civil infraction.

SPEAKER_00 11:33

How much is the fine?

SPEAKER_03 11:34

It is punishable by up to $5,000.

SPEAKER_00 11:37

Five grand? For one mistake.

SPEAKER_03 11:39

Yes. But that is just if it's a mistake, if there is an quote intent to defraud, it escalates dramatically.

SPEAKER_00 11:47

Escalates to what?

SPEAKER_03 11:48

It becomes a third-degree felony.

SPEAKER_00 11:50

A felony. Wow. So the state does not mess around.

SPEAKER_03 11:53

Not at all. Even just possessing someone else's official seal is a second-degree misdemeanor.

SPEAKER_00 11:58

But what if I'm at work and my boss tells me to notarize something without the person there?

SPEAKER_03 12:03

Well, the sources outline strict employer liability.

SPEAKER_00 12:06

Really? So the boss is on the hook too.

SPEAKER_03 12:08

Yes. If a notary messes up while acting within the scope of their employment, the employer is also liable for damages.

SPEAKER_00 12:15

So a company could be sued into oblivion because their employee misused a $10 stamp. Exactly.

SPEAKER_03 12:22

A notarized document completely shifts the burden of proof in court.

SPEAKER_00 12:26

Because if a fake power of attorney drains a bank account, the damage is catastrophic.

SPEAKER_03 12:32

Right. The penalties have to reflect the immense trust placed in that seal.

SPEAKER_00 12:36

If you are hiring a notary, you aren't just paying $10 for a stamp. You are paying for the legal weight and the personal liability that notary is taking on.

SPEAKER_03 12:44

That is a great way to put it.

SPEAKER_00 12:45

It's just an incredible evolution from this traditional rubber stamp and a $7,500 bond to these high-tech digital guardians.

SPEAKER_03 12:54

Yeah, using multi-factor authentication while still maintaining state traditions like solemnizing marriages.

SPEAKER_00 12:59

But it does leave me with a provocative thought, building on what we've talked about today.

SPEAKER_03 13:04

Oh. What is that?

SPEAKER_00 13:06

Well, think about artificial intelligence and deepfakes. They are becoming incredibly sophisticated.

SPEAKER_03 13:12

Yeah. It's pretty scary how fast the tech is moving.

SPEAKER_00 13:14

Right. So will Florida's current knowledge-based authentication and two-minute timers actually be enough in a few years?

SPEAKER_03 13:22

That's a really good question. And AI could easily bypass a two-minute trivia timer.

SPEAKER_00 13:26

Exactly. We might soon see a future where the definition of quote personal presence has to be radically redefined all over again just to keep the legal system secure.

SPEAKER_03 13:37

I wouldn't be surprised at all if Chapter 117 gets another major update soon.

SPEAKER_00 13:41

It definitely seems inevitable. Well, that wraps up our deep dive into the Florida statutes today. If you have questions about anything we discussed, email your questions to Derek at dereksbruell.com.

SPEAKER_03 13:53

Yeah, send them in. We will try to answer them as soon as possible at the end of our shows.

SPEAKER_00 13:57

And now for our credits.

SPEAKER_03 14:08

Remember, don't just be listeners of the knowledge, be doers of the knowledge.

SPEAKER_00 14:12

This is notary knowledge.

SPEAKER_03 14:14

Until next time.

SPEAKER_01 14:18

Are you an aspiring notary looking to join millions of other notaries? Start your journey with the Notary Public Foundation by Derek Spruill. This essential guide provides the step-by-step process to becoming commissioned in your state. Don't stumble into the role. Walk into it with confidence. Grab your copy of the Notary Public Foundation by Derek Spruill on Amazon today.