Beyond Chapter 117: Florida Statutes Every Notary Public Should Know

B. Elise
11.12.25 07:18 PM - Comment(s)

Beyond Chapter 117: Why Florida Notaries Must Understand the Other Statutes That Shape Our Work

As Florida Notaries, many of us build our foundation on Florida Statute Chapter 117—and rightfully so. It governs our commission, our authority, our limitations, and the standards we must uphold every single day.

But high-performing notaries—the ones trusted by attorneys, title companies, financial institutions, and families—know something deeper:

Your responsibility doesn’t stop at Chapter 117.

The moment you notarize documents that carry serious legal consequences, you are also working within the framework of other Florida laws that dictate how those documents must be signed, witnessed, executed, and validated.

This awareness isn’t about giving legal advice.
It’s about knowing enough to protect yourself, your signer, and the integrity of the transaction.

Below are four major categories of Florida statutes every Notary Public should understand at a high level.

1. Chapter 117 – The Foundation of Notarial Practice

Florida Statute Chapter 117 is our primary guide. It covers:

  • Commission requirements

  • Authorized duties

  • Standards of practice

  • Notarial certificates

  • Remote Online Notarization

  • Penalties for misconduct

  • Recordkeeping (journals, electronic logs)

Everything we do flows from this chapter, but Chapter 117 doesn’t operate in isolation. The documents we notarize often fall under other statutes that carry their own rules, especially around witnessing and execution.


2. Powers of Attorney — Chapter 709, Florida Statutes

Many notaries handle Powers of Attorney (POAs) on a regular basis.
But do you know the statutory requirements for how they must be executed?

Under Chapter 709, a Power of Attorney must:

  • Be signed by the principal

  • Be notarized

  • Be signed by two witnesses

Those witnesses must also be present at the time of the signing.
If a notary proceeds without two witnesses, the document may be invalid—even if the notarization is technically correct.

Your role:
Not to explain the POA or its legal implications, but to ensure the signing process meets the statutory execution requirements.


3. Wills — Chapter 732 (Florida Probate Code)

Notaries are often asked,
“Can you notarize a Will?”
And the answer depends on the request.

A Will itself does not require notarization to be valid in Florida.
But the self-proving affidavitdoes, and that affidavit must:

  • Be signed by the testator

  • Include two witnesses

  • Be notarized using proper jurat language

Understanding these distinctions prevents you from:

  • Notarizing something that doesn’t require notarization

  • Missing critical witness requirements

  • Making errors that could impact a future probate case

A notary who is aware of probate-related execution rules is far more valuable to clients and attorneys alike.


4. Real Property Documents — Chapters 689 & Related Statutes

Real estate documents are some of the most highly regulated documents in Florida.

Deeds, mortgages, affidavits, and other property-related instruments often require specific execution procedures:

  • Deeds must be signed by the grantor

  • Must be notarized

  • Must include two witnesses

  • Witnesses cannot be minors

  • Witnesses must be present and observe the signing

Some documents also require precise legal descriptions, statutory disclosures, or specialized affidavits.

When a notary understands these baseline rules, they help prevent:

  • Rejected recordings

  • Delayed closings

  • Legal challenges

  • Title defects

The real estate industry values notaries who know how to maintain the integrity of the signing process. This awareness strengthens your professionalism and your reputation.


Why This Matters: Professionalism, Protection, and Performance


Notaries are not attorneys.
But notaries are officers of trust.

Understanding these statutes enhances your ability to:

  • Prevent improper executions

  • Ensure witness requirements are met

  • Avoid liability

  • Support clients and professionals confidently

  • Perform at a higher standard than the average notary

In a world where notarial work touches everything from estate planning to real estate to major financial decisions, your knowledge is your protection—and your competitive edge.


Final Thoughts

Chapter 117 is only the beginning.
The notaries who stand out in Florida are the ones who understand that the documents they notarize often live within other legal frameworks—and that their awareness directly impacts legality, enforceability, and trust.

Professional notaries don’t wait until something goes wrong.
They educate themselves, stay aware, and perform with intention.

Because in this industry, CEO, performance matters just as much as knowledge.

B. Elise