Attorneys are constantly telling me I could act as a second witness and be the Notary as well. This is false. Please note:
Florida Law on Notaries, Self‑Notarization, and Witnessing
In Florida, a notary public cannot notarize their own signature. This is a strict prohibition under Florida Statute § 117.05(1), which states:
“It is unlawful for a notary public to notarize his or her own signature. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084” The Florida Senate**+1**.
This rule applies to any document-
2 lawyers said it is ok they do it all the time. Well, it shows that lawyers are not always correct.
Yes, in Florida, a notary public can generally act as both the official notary and a witness on the same document. This is common practice in real estate transactions, where a notary frequently signs as one of the two required witnesses. When doing this, you are notarizing the principal signer’s signature, not your own signature as a witness.
The Executive Office of the Governor: The Governor’s official notary guidelines explicitly state: “Generally, a notary public may sign as one of the witnesses and as the notary public on a document. In fact, it is a common practice among Florida notaries, particularly on real estate transactions.”
While it may be permissible under certain interpretations for a Florida Notary Public to act as an official witness for a document signer, there is a significant procedural and ethical distinction that every practitioner should carefully consider—please note that this commentary is intended for discussion purposes only and should not be construed as formal legal advice or the practice of law.
When we step into the role of a witness to an individual signing a document, we are effectively acting in the capacity of a private citizen rather than in our professional capacity as a Public Official. As a loan signing agent or commissioned notary, you must personally weigh the risks and benefits of fulfilling these dual roles on a single transaction. It is my professional position that I prefer to avoid this practice entirely; if a legal dispute were ever to arise regarding a document that I had notarized, I would much rather be deposed strictly in my capacity as a Public Official, as that is the role for which I am commissioned, insured, and expected to uphold specific statutory standards. Mixing these roles creates unnecessary ambiguity that could complicate your legal standing in the event of a future audit or litigation.
Notarize = wear the commissioned Notary hat. Witness = wear the civilian hat. To notarize is to witness the client sign the document but to then sign on the same doc as a witness, too ? Redundant and seems to be overkill. Now when notarizing a Trust and then witnessing the Will, I’ve done that.
Must be neutral: You cannot be a beneficiary, relative, or have any financial interest in the document.
Must be an adult: You must be at least 18 years old and of sound mind.
Must have identification: You need to bring valid government-issued photo ID (like a driver’s license) to prove who you are.
Witness vs. Notary Public: The Difference
The Witness: Simply confirms who signed the document by watching them do it.
The Notary Public: A state-appointed official who administers oaths, verifies the identities of both the signer and the witnesses, stamps the document with an official seal, and logs the event in a legal journal.
PROBLEM:
I noticed a security gap in our RON platform regarding witness ID verification. The system allows signers to bring their own witnesses, but it doesn’t run them through identity verification. I’m comfortable with our in-house witnesses, but how the platform handle and verify IDs for witnesses brought in by the signer is the big issue to me.
@johnsonps306 Exactly! When you’re there as a notary and you produce the document to be notarized, don’t you all watch the signers sign? Therefore, you are a witness to them signing. Considering signing agents have no interest in the transaction, they are the perfect impartial witness.
Florida allows it, many states don’t. Follow your notary laws and if your state doesn’t allow you to do it, then IMO it’s on signers to get a second witness.
P.S. i’ll let this comment stand but I had it confused with another post; in this instance, the OP is incorrect in her interpretation of the law in FL
Regardless what they tell you, in the State of Florida, you as a notary, can notarize the document, but you cannot notarize your own signature. It is a felon. They need to get another witness. I think they have to update the guidelines.
You are notarizing the witness signature. If the notary signs as a witness and notarizes the document, it is unacceptable. A notary in Florida cannot notarize their own signature.
even if they are the perfect impartial witness, in Florida, they cannot notarize their own signature. There is confusion with this with title companies and real estate communities. Most lawyers will tell you it is ok, but I believe it is not.
In Connecticut, Florida, Georgia, Louisiana and South Carolina, for example, a deed or mortgage related to real property must have witnesses present when someone signs before it can be recorded. In many jurisdictions, powers of attorney or last wills and testaments may also require one or more witnesses to be present at the signing. Witnesses typically sign the document as well.
Witnesses to these documents are not Notaries — they are private individuals. And the witnessing of a signature in this context is not considered a notarization.
@lauriemazza.nsa27 as to Florida you are wrong, Laurie. We are NOT notarizing our own signatures…we are witnessing the signers sign. You’re misunderstanding the law. You CAN be a second witness - unless the document preparer wants it otherwise or the signer is your spouse, mother, father or child. Wills with Self-Proving Affidavits are a different story also.
But you do you. I’m curious where you got the information you just posted…though I suspect I know.
@lauriemazza.nsa27 – That’s where our opinions differ. We are notarizing the principal’s signature, not the witness(es). My notarial certificate ONLY names the principal, not the witness(es).
That being the case, I can act as a witness AND as a notary (in California) BECAUSE I am NOT notarizing my own signature.
Antonio is correct, I have done several Florida docs. I just hate it when they send Florida and then don’t tell me that I need a second witness and get to the table and we have to search for another person. Rude.
You are notarizing your own signature. And that is not allowed. 1 witness, 2nd witness and then I notarize. It seems I am notarizing my own signature. I got that information from Florida State
An Attorney will say it is ok, but according to Florida law, you are committing a felon. I don’t write the law, and I guess everyone interpret it differently but I will not be notarizing my own signature.
Accurate (true for many other States as well) 