Florida law restricts a notary from notarizing the signature of a spouse, parent, or child. Beyond those named relationships, the broader and more important rule is that a notary may not notarize a transaction in which the notary has a financial interest or is a party — see Fla. Stat. §117.107.
A notarization performed in violation can be challenged, and the notary can face disciplinary action.
This is the trap that catches people. You may be technically outside the named-relative restriction and still prohibited, because you stand to benefit.
Examples: notarizing a deed that transfers property to you; notarizing a document in a transaction where you earn a commission; notarizing paperwork for a business you own an interest in.
This is why a notary who is also a licensed real estate agent must be careful about notarizing in transactions where they are the agent of record. Read §117.107 in full if that describes you.
Even where technically permitted, notarizing for a relative invites a challenge to the document. If the instrument ever matters — a deed, a power of attorney, an estate document — an interested party can attack it on the basis of the relationship.
Use a disinterested notary. They are inexpensive and easy to find; a contested deed is neither.
Florida restricts notarizing the signature of a spouse, parent, or child. More broadly, a notary may not notarize any transaction in which the notary has a financial interest or is a party, under Fla. Stat. 117.107.
There is no prohibition based on friendship, but the financial interest rule still applies. A notary may not notarize a transaction they stand to benefit from.
The notarization can be challenged and the document's validity called into question, and the notary may face disciplinary action.
This is exactly the financial interest problem addressed by Fla. Stat. 117.107. A notary who earns a commission on the transaction should not notarize it and should read that section in full.
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