If you’re a commissioned notary public in Florida or thinking about becoming one, you’ve probably wondered: Can a notary refuse to notarize a document? While notaries are public officers tasked with performing specific duties, they are not required to notarize every document presented to them. In fact, there are several legal and ethical reasons a notary may, and sometimes must, refuse to notarize.
Below, we’ll break down when a notary can refuse to notarize, what the law says in Florida, and how to handle a refusal the right way.
Can a Notary Refuse to Notarize a Document in Florida?
Yes, Florida law permits notaries to refuse a notarization for valid legal or ethical reasons, such as those outlined below. If you’re interested in learning more about these laws or thinking about becoming a notary in Florida, we can help.
Visit our guide on how to become a Florida notary to understand your responsibilities, or check out our step-by-step notary application guide to get started.
When Can a Notary Refuse to Notarize a Document?
Only under specific circumstances can a notary can refuse to notarize a document. Refusal must always be based on a valid legal or ethical reason. Florida notaries must follow Chapter 117 of the Florida Statutes, which outlines the duties and limitations of notaries.
Common and legally justifiable reasons to refuse include:
1. Lack of Proper Identification
A notary is required to verify the identity of the person signing the document. If the signer cannot provide acceptable photo identification (such as a state-issued ID, driver’s license, or passport), the notary cannot proceed. This is a key safeguard to prevent fraud.
2. The Document Appears to Be Fraudulent
If a document looks suspicious or you suspect it has been tampered with or forged, you should not proceed with the notarization. As a notary, you are not expected to verify the content of the document, but you must refuse if the document itself raises red flags.
3. The Signer Does Not Understand the Document
Notaries must ensure that the signer is aware of what they are signing and is doing so willingly. If the signer appears confused, or can’t communicate coherently, the notary should put a stop to the notary process. Notarizing a document under these conditions could lead to legal issues later.
4. The Signer Is Not Present
Remote online notarization is allowed in Florida under specific rules, but for in-person notarizations, the signer must be physically present. You cannot notarize a document if someone brings you a document that was signed earlier or asks you to notarize it on someone else’s behalf.
5. Missing Notarial Certificate or Incomplete Document
If the document lacks a notarial certificate or has incomplete fields that need to be filled in by the signer, the notary cannot move forward. A blank or incomplete document should never be notarized.
Is a Notary Obligated to Notarize Any Document?
No, a notary is not obligated to notarize every document presented. Florida law allows notaries to use discretion, provided they follow statutory requirements. That said, notaries must avoid discrimination and should not refuse service based on race, religion, gender, nationality, or personal disagreements.
What Happens if a Notary Refuses to Notarize?
When a notary refuses to notarize a document, it’s important to explain the reason to the signer calmly and professionally. You may also want to suggest what steps the signer can take to resolve the issue, such as providing an acceptable ID or correcting the document.
In some cases, the refusal might frustrate the signer. That’s why it’s important to protect yourself by documenting the refusal. Make a note in your notary journal with the date, name of the signer, type of document, and the reason for the refusal. This protects you in case a complaint is filed or the issue resurfaces later.
Best Practices for Notaries When Refusing Service
If you find yourself needing to refuse a notarization, here’s how to handle it professionally:
- Stay calm and courteous. Explain the legal reason you cannot proceed.
- Document the refusal. Use your notary journal to record the incident.
- Offer guidance. If possible, tell the signer how to fix the issue.
- Follow up if needed. If the signer corrects the problem, you may proceed with a new notarization.
These steps not only protect you legally but also uphold the integrity of the notary office.
Ready to Become a Notary?
Understanding the rules around refusals is just one part of becoming a confident and capable notary. If you’re ready to take the next step in your notary career, we make the process fast and simple.Start your Florida notary application today, or fill out our form to contact us with any questions.