# Lawyer verses Florida State **URL:** \ **Category:** PSAs and News\ **Created:** [July 9, 2026, 7:40pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180 "2026-07-09T19:40:38Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![lauriemazza.nsa27](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/lauriemazza.nsa27/32/35447_2.png) [@lauriemazza.nsa27](https://forum.notarycafe.com/u/lauriemazza.nsa27)\ **Post date:** [July 10, 2026, 11:24pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/22 "2026-07-10T23:24:03Z")
> **[Notary tip: Requests to serve as a document witness](https://www.nationalnotary.org/notary-bulletin/blog/2018/05/notary-tip-requests-to-serve-as-a-document-witness)** > > Notaries are sometimes asked to serve as a document witness as well as notarizing. Here's what you need to know about these confusing requests. ---
**Author:** ![LKTHORNTON1](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/lkthornton1/32/37331_2.png) [@LKTHORNTON1](https://forum.notarycafe.com/u/LKTHORNTON1)\ **Post date:** [July 11, 2026, 12:31am UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/24 "2026-07-11T00:31:44Z")
I agree, now that I understand what a **self-proving affidavit is**. Luckily, in California, which has it’s rule-book, civilian witnesses sign a witness declaration, _under penalty of perjury_ - no need for their signatures to be notarized. That declaration accomplishes exactly what the self-proving affidavit does. ---
**Author:** ![LindaH-FL](https://avatars.discourse-cdn.com/v4/letter/l/8baadc/32.png) [@LindaH-FL](https://forum.notarycafe.com/u/LindaH-FL)\ **Post date:** [July 11, 2026, 4:07pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/25 "2026-07-11T16:07:29Z")
@lauriemazza.nsa27 that’s where I thought you got it…and from _your own link_ !! And I quote " **Can a Notary be a document witness?** If you are notarizing a signature on the document, can you also be a document witness? The answer is yes if you’re a **Connecticut** or **Florida** Notary. **Georgia** and **North Carolina** prohibit Notaries from also acting as document witnesses. **Maine** strongly advises against notarizing a signature and being a document witness for the same transaction. ---
**Author:** ![dfredericknotarysvc](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/dfredericknotarysvc/32/33950_2.png) [@dfredericknotarysvc](https://forum.notarycafe.com/u/dfredericknotarysvc)\ **Post date:** [July 11, 2026, 7:30pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/26 "2026-07-11T19:30:12Z")
You’re not notarizing your signature as a witness. You are notarizing the name of the signer in the notarization box.. ---
**Author:** ![dawnsnotary](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/dawnsnotary/32/33377_2.png) [@dawnsnotary](https://forum.notarycafe.com/u/dawnsnotary)\ **Post date:** [July 14, 2026, 9:22pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/27 "2026-07-14T21:22:48Z")
If you are not naming the witnesses in the notarial certificate, for example a Florida deed than it is perfectly ok to act as one of the witness. However, if you are ALSO notarizing the witnesses signatures that you the notary cannot act as the witness. ---
**Author:** ![daniellekingsley](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/daniellekingsley/32/37073_2.png) [@daniellekingsley](https://forum.notarycafe.com/u/daniellekingsley)\ **Post date:** [July 15, 2026, 9:55pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/28 "2026-07-15T21:55:14Z")
On a Florida deed, you are not notarizing yourself. You are only notarizing the signer of the document, not the witnesses. Check your acknowledgment language. If the witness names are appearing in the language then you are in fact notarizing the witnesses as well. If the witness names do not appear there then you are only notarizing the signer of the document. ---
**Author:** ![johnsonps306](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/johnsonps306/32/35090_2.png) [@johnsonps306](https://forum.notarycafe.com/u/johnsonps306)\ **Post date:** [July 15, 2026, 10:31pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/29 "2026-07-15T22:31:33Z")
I don’t know why everyone wants to act like lawyers. The title companies always explain this if you ask. ---
**Author:** ![daniellekingsley](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/daniellekingsley/32/37073_2.png) [@daniellekingsley](https://forum.notarycafe.com/u/daniellekingsley)\ **Post date:** [July 15, 2026, 11:08pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/30 "2026-07-15T23:08:44Z")
Never, never, never allow a title company to dictate to you the laws covering a notarization in your state. Always check your State’s laws. Your E&O insurance will not cover you if you have not done your due diligence. You must know the notary laws in your particular state. In the state of florida, a notary may be a witness on a deed. Notaries check your language. The notary may act as a witness, and a notary. Because, you are not notarizing the witnesses, your only notarizing the signer. ---
**Author:** ![LindaH-FL](https://avatars.discourse-cdn.com/v4/letter/l/8baadc/32.png) [@LindaH-FL](https://forum.notarycafe.com/u/LindaH-FL)\ **Post date:** [July 16, 2026, 2:12pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/31 "2026-07-16T14:12:54Z")
@johnsonps306 it’s not up to the title company (or signing service) to “explain” one’s notary laws. It’s up to the notary to know them and abide by them. I agree with @daniellekingsley ---
**Author:** ![johnsonps306](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/johnsonps306/32/35090_2.png) [@johnsonps306](https://forum.notarycafe.com/u/johnsonps306)\ **Post date:** [July 16, 2026, 2:34pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/32 "2026-07-16T14:34:30Z")
If I’m in WA State signing a property deal in Florida no one at the WA State Commission can explain Florida law regarding signing as a witness on a Deed of Trust. I generally speak to the Florida Title Company in that case because that’s the resource before a public forum is the resource. WA State notary laws don’t cover Florida notary laws. ---
**Author:** ![LindaH-FL](https://avatars.discourse-cdn.com/v4/letter/l/8baadc/32.png) [@LindaH-FL](https://forum.notarycafe.com/u/LindaH-FL)\ **Post date:** [July 16, 2026, 3:43pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/33 "2026-07-16T15:43:56Z")
@johnsonps306 hold on here…we’re talking two different things…we’re talking notary law vs need for witnesses. The title company can advise you on whether you need witnesses or not - but your notary law is what prevails as to whether you can be a witness _and_ a notary. So, you’re in WA state then yes, ask the TC if you need witnesses, but you _don’t_ ask them if you can be one of those witnesses. Jeez ---
**Author:** ![lauriemazza.nsa27](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/lauriemazza.nsa27/32/35447_2.png) [@lauriemazza.nsa27](https://forum.notarycafe.com/u/lauriemazza.nsa27)\ **Post date:** [July 16, 2026, 4:20pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/34 "2026-07-16T16:20:28Z")
Title companies are not lawyers and not familiar with all states. On a Florida Deed, 2 witnesses are needed and the Notary cannot Notarize their own signature. Therefore you need a separate witness. Also on all Florida deeds, addresses should be on their as well from the witness. ---
**Author:** ![antonio](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/antonio/32/36284_2.png) [@antonio](https://forum.notarycafe.com/u/antonio)\ **Post date:** [July 16, 2026, 4:49pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/35 "2026-07-16T16:49:12Z")
I’m just curious, In which State are you commissioned in? ---
**Author:** ![ashton](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/ashton/32/35076_2.png) [@ashton](https://forum.notarycafe.com/u/ashton)\ **Post date:** [July 16, 2026, 5:02pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/36 "2026-07-16T17:02:52Z")
It seems to me there are two different issues. 1. How many witnesses does a deed for a Florida deed need? I’d expect to find the answer in the Florida real estate laws. 2. Can a non-Florida notary also be a witness for a Florida deed? I would look in the notary law of the notary’s state. If Florida notary law says the notary can’t also be a witness, that probably doesn’t matter because it is a command to Florida notaries, not notaries commissioned elsewhere. Of course, even if it’s legal for an out-of-state notary to be the notary and a witness on a Florida deed, some clerk in Florida might mistakenly reject it. So if the notary declines to serve as the witness, that might reduce the risk of rejection. ---
**Author:** ![johnsonps306](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/johnsonps306/32/35090_2.png) [@johnsonps306](https://forum.notarycafe.com/u/johnsonps306)\ **Post date:** [July 16, 2026, 5:38pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/37 "2026-07-16T17:38:10Z")
Jeez is right. I solve this issue by not taking a signing that requires witnesses. But I have done a few of the Disney World things. I just have them have their neighbors over. I do however contend if the notarization makes no mention of witnesses you aren’t notarizing your own witness signature when you notarize it. ---
**Author:** ![flnotarycloser](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/flnotarycloser/32/37859_2.png) [@flnotarycloser](https://forum.notarycafe.com/u/flnotarycloser)\ **Post date:** [July 16, 2026, 6:40pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/38 "2026-07-16T18:40:00Z")
You are reading more into it that what it is. In Florida, we notarize the signer’s signature. We can notarize (rarely) a witness signature if not our own if it is requested. We do not have to have a witness on the mortgage, that is optional from the lender, however ALL deeds (Quit Claim, Warranty, etc) in FL must have 2 witnesses, one can be the notary. Most of not all are requesting they fill in their printed name and address as well as phone number. We are not notarizing the witnesses signature, only the signer’s. The witness must comply with the rules set forth being over the age of 18, unrelated party example. A notary can be the witness AND the notary as we are not notarizing the witnesses at all, merely presiding over and being the 2nd one. Everyone seems to be correct in explaining this to you, you are not understanding the request. ---
**Author:** ![flnotarycloser](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/flnotarycloser/32/37859_2.png) [@flnotarycloser](https://forum.notarycafe.com/u/flnotarycloser)\ **Post date:** [July 16, 2026, 6:45pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/39 "2026-07-16T18:45:35Z")
Hi Ashton, All deeds in Florida require 2 witnesses, 1 can be the notary. Only a Florida notary can notarize in Florida in person, and anyone can witness from any state provided they meet the requirements such as over the age of 18, not related to the transaction etc. A non-Florida notary can be a witness, why not? I’m not sure why this is so confusing to everyone. ---
**Author:** ![LindaH-FL](https://avatars.discourse-cdn.com/v4/letter/l/8baadc/32.png) [@LindaH-FL](https://forum.notarycafe.com/u/LindaH-FL)\ **Post date:** [July 16, 2026, 6:46pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/40 "2026-07-16T18:46:31Z")
> [@ashton](#): > > 1. Can a non-Florida notary also be a witness for a Florida deed? I would look in the notary law of the notary’s state. If Florida notary law says the notary can’t also be a witness, that probably doesn’t matter because it is a command to Florida notaries, not notaries commissioned elsewhere. Exactly. This thread has taken so many twists it ridiculous. If any notary chooses not to be a witness, that their decision and it’s okay. I won’t speak for any other state but Florida notaries CAN also be a witness, contrary to op’s post Deeds of conveyance in Florida require two witnesses. Technically, by law, mortgages do not require witnesses but some counties have instituted their own requirements of two witnesses in order to record, so it’s just safer to get them..Thank you to Laurie and Renee for pointing out that addresses are now also required under signer’s signature and witnesses’ signatures ---
**Author:** ![dfredericknotarysvc](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/dfredericknotarysvc/32/33950_2.png) [@dfredericknotarysvc](https://forum.notarycafe.com/u/dfredericknotarysvc)\ **Post date:** [August 9, 2026, 5:46pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/41 "2026-08-09T17:46:39Z")
I don’t understand all the confusion here, as a notary you are notarizing the name or names in the notarization box. That’s all you are notarizing. You’re not notarizing the witnesses signatures, only the names in the notary box. It’s just lucky in our state ( Florida) that we also can be a witness. ---
**Author:** ![cfletcher](https://yyz2.discourse-cdn.com/flex034/user_avatar/forum.notarycafe.com/cfletcher/32/33399_2.png) [@cfletcher](https://forum.notarycafe.com/u/cfletcher)\ **Post date:** [August 18, 2026, 9:58pm UTC](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180/42 "2026-08-18T21:58:37Z")
@LindaH-FL @lauriemazza.nsa27 - Yes, Florida does allow notaries to act as a witness. I understand @lauriemazza.nsa27 position that when a notary is acting as a witness, they are doing so as a private citizen. It is incredibly important to clarify that while Florida law may theoretically permit notaries to act as witnesses in certain capacities, the practice carries significant and distinct professional risks that many practitioners overlook. An experienced attorney once explained to me that by choosing to act as a witness, you effectively step outside of your neutral role and open yourself up to the possibility of being deposed or dragged into potential legal disputes regarding the document’s execution. Personally, I prefer to remain entirely impartial and serve strictly as a public official in every transaction; this approach serves to limit my personal exposure and liability should any litigation ever arise. Ultimately, every notary must carefully weigh these legal risks against the convenience they provide and decide for themselves exactly how they choose to operate in the field. [Previous page](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180.md?page=1) [Next page](https://forum.notarycafe.com/t/lawyer-verses-florida-state/57180.md?page=3)