Notary Services in Estero and Southwest Florida

What Florida Law Requires for a Notarization

Every notarization in Estero and across Southwest Florida follows Chapter 117 of the Florida Statutes, which sets who can be a notary, what ID you must bring, how much a notary may charge, and how remote online notarization works. Whether you are signing a deed, a power of attorney or a closing package, knowing these rules saves you a second trip. This page is general information, not legal advice; for questions about a specific document, talk to a Florida attorney or your title company.

We are The DiBe Group, brokered by eXp Realty. Notarized documents come up in nearly every real estate transaction we handle, so we put together the rules buyers and sellers ask about most.

Who Can Be a Florida Notary Public?

A Florida notary public is appointed by the Governor and must be at least 18 years old and a legal resident of Florida, according to section 117.01, Florida Statutes. The appointment lasts four years.

Each notary must also post a $7,500 bond, which is available to anyone harmed by the notary’s breach of duty. Applicants swear under oath that they have read Chapter 117.

A notary’s job is to confirm the identity of the signer and that the signer appeared before them. A notary who is not an attorney does not review the document for legal accuracy and cannot tell you what to sign.

What ID to Bring to a Notary in Florida

Bring a current government-issued photo ID, or one issued within the past five years, that has a serial or other identifying number. Section 117.05(5)(b)2, Florida Statutes, lists the forms of identification a notary may accept:

• A Florida driver license or Florida identification card
• A U.S. passport
• A foreign passport stamped by U.S. immigration authorities
• A driver license or ID card from another U.S. state or territory, Canada or Mexico
• A U.S. armed forces ID card
• A veteran health identification card issued by the U.S. Department of Veterans Affairs
• A U.S. Citizenship and Immigration Services identification card
• Certain inmate IDs issued by the Florida Department of Corrections or federal Bureau of Prisons

A notary may also rely on personally knowing the signer. The notary must state in the certificate whether the signer was personally known or produced ID, and list the type of ID.

Tip for seasonal residents: Out-of-state and Canadian driver licenses are on the list, so you do not need a Florida license to have a document notarized here.

Notary Fees Allowed by Florida Law

Florida caps what a notary may charge. Under section 117.05, the fee for any one notarial act may not exceed $10, with exceptions for marriage ceremonies and online notarization.

Service	Maximum fee under Florida law	Statute
Notarial act performed in person	$10 per act	s. 117.05
Online notarial act	$25 per act	s. 117.275
Solemnizing a marriage	No more than circuit court clerks charge for like services	s. 117.045
Witnessing a vote-by-mail ballot	No fee allowed	s. 117.05

Mobile notaries often charge a separate travel fee, and online platforms may charge for their own technology. Section 117.275 notes that charges for services beyond the notarial act itself, such as a remote online notarization service provider’s fees, fall outside the $25 limit. Ask for a full quote before you book.

What a Florida Notary Cannot Do

Florida law lists several things a notary may not do. Under section 117.107, Florida Statutes, a notary may not:

• Notarize a signature on a document that is incomplete or blank
• Notarize a signature of a person who is the notary’s spouse, son, daughter, mother or father
• Notarize for someone who does not appear before the notary, either in person or through approved audio-video technology
• Notarize for someone who appears mentally incapable of understanding the nature and effect of the document
• Use a facsimile signature stamp, except in limited cases involving a physical disability and prior notice to the Department of State

Section 117.05 also makes it unlawful for a notary to notarize his or her own signature. If you plan to have a relative notarize a document, check this list first.

Remote Online Notarization in Florida

Florida allows remote online notarization (RON), in which the signer appears before the notary over live audio-video instead of in person. According to the Florida Department of State, the law (HB 409, Chapter 2019-71, Laws of Florida) took effect on January 1, 2020.

How online notaries are registered

The Department of State says an online notary must already be an active Florida notary, civil-law notary or commissioner of deeds, complete an online notary education course, and contract with a RON service provider before applying. That provider supplies identity proofing, credential analysis, electronic seals and storage of the session recording.

Records and recordings

Under section 117.245, an online notary must keep an electronic journal and the audio-video recording of each session for at least 10 years after the notarial act. The journal records the date and time, the type of act, a description of the document, each signer’s name and address, how identity was confirmed, and any fee charged.

Remote witnesses and vulnerable adults

Section 117.285 allows witnesses to be physically present with the signer or remote, as long as they appear over audio-video. For certain documents, including wills, health care advance directives and some powers of attorney, the service provider must ask the signer screening questions. If the signer is a vulnerable adult, remote witnessing is not effective and witnesses must be physically present.

Notarized Documents in Florida Real Estate Closings

Most real estate closings in Estero and Southwest Florida require at least a few notarized signatures. The title company or closing attorney usually arranges the notary, but it helps to know why.

Deeds

Under section 689.01, Florida Statutes, a deed conveying real estate must be signed in the presence of two subscribing witnesses. To be recorded in the county’s official records, section 695.03 requires the execution to be acknowledged by the person signing, for example before a Florida notary public. In practice, sellers sign the deed in front of a notary and two witnesses.

Mortgages and lender documents

Buyers who finance usually sign a mortgage that is notarized so it can be recorded, along with other lender documents. Your lender and title company will tell you which pages need a notary.

Affidavits

Closings commonly include sworn affidavits, such as statements from the seller about liens, possession and the property’s status. Sworn statements are signed before a notary who administers an oath or affirmation.

Powers of attorney

If you cannot attend a closing, you may sign a power of attorney. Under section 709.2105, a Florida power of attorney must be signed by the principal and two subscribing witnesses and acknowledged before a notary public or as otherwise allowed by section 695.03. Lenders and title companies often have their own requirements, so ask early.

Leases

Section 689.01 says no subscribing witnesses are required for a lease of real property. Some landlords and property managers still choose to have long-term leases notarized. Our property management services page covers leasing in Estero.

Out-of-town sellers and buyers

Many Estero owners live part of the year elsewhere. You can often sign closing documents with a notary where you are, or through remote online notarization if the title company and lender accept it. If you are signing outside Florida, section 695.03 allows acknowledgments before a notary of another state, among others.

How to Prepare for a Notary Appointment

1. Bring a valid ID from the list above. Make sure it is current or issued within the past five years.
2. Do not sign the document ahead of time if it requires a notary. The notary needs to see you sign or confirm your signature.
3. Fill in every blank before you arrive. A notary cannot notarize a blank or incomplete document.
4. Bring your own witnesses if the document needs them, such as a deed or power of attorney, unless the notary confirms they can provide witnesses.
5. Confirm all fees, including any travel fee, in advance.

Frequently Asked Questions About Notary Services in Florida

How much can a notary charge in Florida?

Up to $10 per notarial act in person under section 117.05, and up to $25 per online notarial act under section 117.275. Travel and platform fees may be charged separately.

Can I get a document notarized online in Florida?

Yes. Florida has allowed remote online notarization since January 1, 2020, through registered online notaries who use an approved service provider.

Can I use an out-of-state driver license at a Florida notary?

Yes. Section 117.05 accepts driver licenses and ID cards from other U.S. states and territories, Canada and Mexico, if current or issued within the past five years.

Can a Florida notary notarize for a family member?

Not for a spouse, son, daughter, mother or father. Section 117.107 prohibits it.

Does a Florida deed need to be notarized?

A deed must be signed before two witnesses under section 689.01, and to be recorded it must be acknowledged under section 695.03, typically before a notary. Your title company or attorney will handle the details.

Buying or Selling in Southwest Florida?

We work with title companies and closing attorneys every week to keep signings on schedule, including for out-of-town clients. Call or text Sal DiBenedetto, licensed real estate broker with The DiBe Group, brokered by eXp Realty, at 239-256-5005. You can also check your Estero home value, browse Estero homes for sale, or contact us.