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Getting Married?

flagler county justice of the peaceIs a marriage ceremony performed by a notary public of the State of Florida "legal and binding"? Is a Florida notary public authorized to perform a marriage ceremony outside the state, or may a notary from another state perform a marriage ceremony in Florida?

Florida is one of only three states (the other two are South Carolina and Maine) who authorize their notaries public to "solemnize the rites of matrimony." §117.045, Florida Statutes. The Florida notary may perform a marriage ceremony providing the couple first obtain a marriage license from an authorized Florida official and may only perform such ceremony within the geographical boundaries of Florida. Thus, a Florida notary could not perform a marriage ceremony in another state. Additionally, a notary from another state, including South Carolina and Maine, could not perform a marriage ceremony in Florida. And, a Florida notary may not marry a couple who has obtained a marriage license from another state.
 
Presence Requirement

Presence Requirement When Notarizing

The basic role of a notary public in our legal system and in the world of commerce is to prevent fraud. Notaries deter fraud when they perform their duties with diligence and obey the laws governing their duties.

The most basic requirement for performing a notarization is that the person who is taking an oath or making an acknowledgment (the one whose signature is being notarized) must be present at the time of
the notarization. The presence requirement refers to physical presence.
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Serving:

Andalusia
Beverly Beach
Bimini
Black Point
Bon Terra
Bunnell
Codys Corner
Deanville
Dupont
Espanola
Favoretta
Flagler Beach
Korona
Marineland
Myrtle Island
Neoga
Painters Hill
Palm Coast
Relay
Roy
Saint Johns Park
Shell Bluff

Notaries are appointed with statewide jurisdiction; that is, they may perform official duties anywhere within the state.

Notaries from other states have no authority to notarize while in the State of Florida.

Member:

Florida Notary Association

Duties of a Notary Public

Notaries are authorized by law to perform six basic duties:

  • Administer oaths or affirmations
  • Take acknowledgments
  • Attest to photocopies of certain documents
  • Solemnize marriage
  • Verify vehicle identification numbers (VINs)
  • Certify the contents of a safe-deposit box

Fee Schedule

These are the maximum fees a notary public may charge for performing notarial acts*

Administering Oaths and Affirmations
$10.00 (per person)

Verifying a Vehicle Identification Number
$20.00

Taking an Acknowledgment
$10.00 (each signature)

Jurats
$10.00 (per person)

Protests
$10.00

Taking Inventory of a Safe-Deposit Box
$10.00

Certified Copy
$10.00 (per copy)

To Solemnize a Marriage (Perform a Marriage Ceremony)
$30.00

Each signature notarized is a notarial act. For example, if two people appear before the Notary and sign a document and an acknowledgment is taken, the fee is $20.00.

*Florida Law (E.S. 28.24 [29], 117.045 and 117.05[2])

I am not an attorney licensed to practice law in the State of Florida and I may not give legal advice or accept fees for legal advice.