Florida Chapter 117 of the Florida Statutes governs every act performed by a Florida notary public — including how notaries are commissioned, what fees they may charge, what acts they may perform, and how Remote Online Notarization is conducted. Part I covers traditional notary law; Part II (the URAA, §117.201 et seq.) covers Remote Online Notarization. Violations of Chapter 117 can result in commission revocation and criminal liability.
The Structure of Florida Chapter 117
Chapter 117 is divided into two parts:
- Part I — General Provisions (§117.01–§117.108): traditional notary law, fees, prohibited acts, penalties
- Part II — Online Notarizations (§117.201–§117.305): the Uniform Real Property Electronic Recording Act provisions for RON
The Sections That Matter Most
§117.01 — Appointment and Qualifications
To become a Florida notary, you must be at least 18, a Florida resident, never convicted of a felony (or have civil rights restored), and complete an approved 3-hour notary education course. The Governor commissions notaries for 4-year terms.
§117.05 — Notarial Fees and Use of Notary Commission for Specified Acts
This is the fee statute. Subsection (2)(a) caps the per-signature notary fee at $10. Subsection (2)(b) makes it a misdemeanor for a notary to charge more than allowed. Travel fees are not regulated by §117.05.
§117.045 — Solemnization of Marriage
Florida notaries are authorized to solemnize marriages. Statutory ceremony fee is $30. Marriages must be performed in person — RON cannot be used for marriage solemnization.
§117.05(4) — Form of Notarial Certificate
Specifies the elements every Florida notarial certificate must include: the venue (state and county), the date, the type of notarial act (acknowledgment, oath, etc.), the signer's identification method, and the notary's seal and commission information.
§117.105 — Penalties for Improper Notarization
A Florida notary who falsely or improperly notarizes a document commits a misdemeanor and may have their commission revoked. A notary who notarizes a signature for a person who is not present commits a third-degree felony.
§117.107 — Standards of Conduct
The "duty to refuse" section. A Florida notary must refuse to notarize if:
- The signer is not present
- The signer is not properly identified
- The signer does not appear to know what they're signing or to be signing willingly
- The notary has any beneficial interest in the document
- The document is incomplete (blank lines that should be filled)
§117.225 — Online Notary Registration
To perform RON, a Florida notary must be separately commissioned as an online notary. This requires the standard notary commission plus additional training and registration with the Department of State.
§117.245 — Retention of Records
RON session recordings — video, audio, and document — must be retained for at least 10 years. This is among the longest mandatory retention periods of any RON statute in the U.S.
§117.265 — Performance of Notarial Act
Specifies how a Florida RON session must be conducted: real-time two-way audio-video, identity verification, witness participation procedures, and the rules for multiple signers.
§117.275 — Online Notary Fees
Caps the per-signature RON fee at $25 — higher than the $10 in-person cap because of platform and KBA costs.
§117.295 — Standards for Electronic and Online Notarization
The technology requirements. Specifies what credential analysis, KBA, and digital seal capabilities a Florida-approved RON platform must include.
What Chapter 117 Means in Practice
- Every fee a Florida notary charges has either a statutory basis (§117.05, §117.275) or is a non-notarial fee (travel, convenience) that must be itemized separately
- The "I'll just sign it later and bring it back" approach is illegal — §117.107 and §117.105 require the signer to be present at the time of notarization
- A notary who fails to maintain a journal or RON recording is in violation of §117.245 even if every individual notarization was otherwise correct
- The $10 / $25 fee caps are non-negotiable — even if the client offers more, the notary cannot charge more for the notarial act itself
How to Verify a Florida Notary Is Compliant
- Ask for the commission number and expiration date
- Verify on the Florida Department of State notary search
- For RON, confirm the notary holds a separate online notary commission
- Confirm fees are itemized (notarial fee separate from travel)
- For RON, confirm the platform retains 10-year recordings (every approved Florida platform does)
What This Guide Is Not
This is a plain-English reference, not legal advice. For specific legal questions about a notarization or a notary's conduct, consult a Florida attorney. For complaints about a Florida notary, contact the Florida Department of State, Notary Section.
20-year U.S. Navy Chief, Florida-licensed private investigator (FL C 2700700), all-lines insurance adjuster (FL W882582), and active Florida notary public. Mobile Mark Notary is a d/b/a of ArcXet Group. Statute citations in this guide reference the current Florida Statutes (Chapter 117) and are accurate as of publication.