Why Language Matters in Notarizations
As a Florida Notary Public, upholding notary law isn’t just a professional standard—it’s a legal and ethical obligation. One statute that tends to cause confusion, yet carries significant weight, is Florida Statute 117.107(6). At first glance, it may appear to prohibit notarizing for individuals who do not speak English. However, a closer look reveals that the statute actually provides a clear and lawful path for notaries to accommodate non-English-speaking signers—as long as proper translation measures are in place. Let’s unpack what this really means for your notary practice and how to apply it correctly.
What Does Florida Statute 117.107(6) Say?
According to the law:
"A notary public may not take the acknowledgment of a person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand."
This statute is straightforward, but it brings up an important question:
Does this apply to both spoken and written language?
Yes—it absolutely does.
Why Spoken Language Matters
During a notarization, especially acknowledgments, the notary must verbally communicate with the signer. You’re not just witnessing a signature—you’re confirming that the signer understands the document’s purpose and is signing it willingly.
If the signer doesn't understand what you're saying—or you can’t understand them—then the integrity of the notarization is compromised.
Why Written Language Matters
It’s not enough that you can explain the process. The document itself must be translated into a language the signer can read and comprehend. If a signer is putting pen to paper, they must know exactly what the document says, means, and obligates them to.
Translation ensures informed consent, which is the foundation of a valid notarization.
The Do's & Don'ts
🛑 What You Should NOT Do
Do not proceed with the notarization if there is any language barrier.
Do not rely on a friend or family member to explain the document unless they are a qualified translator and you're certain the signer understands.
Do not assume that partial understanding is “good enough.”
✅ What You Should Do
Pause the notarization and allow time for a professional translation if needed. Rushing the process can lead to legal complications.
Ensure the full document is translated—not just a summary or the signature page. The signer must understand the entire content.
Document your steps in your notary journal, including who served as the translator, their relationship to the signer (if any), and any observations during the appointment.
Refer the signer to a bilingual notary if a certified or neutral translator is not available. This helps maintain the integrity of the notarization and ensures the signer is properly served.
Educate the signer kindly and professionally about why these steps are necessary—this builds trust and reinforces your credibility as a knowledgeable notary.
Final Thoughts from the Notary Educator
Understanding and complying with language requirements protects you and your signer. It ensures that the signer is fully informed, and that your notarization holds up if ever questioned in a legal setting.
Using a qualified, impartial translator can be a valuable tool—but as the notary, you remain responsible for ensuring the signer understands. When in doubt, pause, clarify, and protect the integrity of your commission.
