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Home My WebLink Aboutcocc_notary_policy_201808CITY OF CAPE CANAVERAL NOTARY PUBLIC SERVICES POLICY Date Approved: 4/22/2015 Date Amended: 8/23/2018 City of Cape Canaveral NOTARY POLICY Page 1 of 4 The City of Cape Canaveral provides Notary Public Services (Services) to the general public upon availability of Staff. The City of Cape Canaveral charges a fee of $5.00 per notarization and/or witness, per person, per day. The first notarization/witness is free. The fee applies to all individuals including City residents, employees and non-residents. Consistent with Florida Statute Section 117.05, Notary Publics are required to obey the laws governing their duties. The State of Florida Governor's Reference Manual for Notaries is used as a guide. The City will pay the cost for designated Staff Members to become Notary Publics. Staff Members may provide Services outside of City business. Understanding Oaths and Acknowledgements - Many notary publics incorrectly assume that they are just verifying identification and witnessing a signature. But, the act of notarization is much different. When you notarize a signature, you must perform one of two official notarial acts: take an acknowledgment from or administer an oath (or affirmation) to the document signer. These two acts have different purposes. To take an acknowledgment: 1. The document signer must personally appear before you, the notary public, and declare that he or she has signed the document voluntarily. 2. Ensure the signer understands the document and has not been coerced into signing by asking “Do you acknowledge that this is your signature and that you are executing this document of your own free will?” 3. If there is any doubt regarding the signer’s willingness to execute the document or his or her understanding of the contents of the document, refuse to notarize and refer the person to an attorney for legal advice. To take an oath or affirmation: 1. The signer personally appears before you to swear (or affirm) that the information contained in the document is true. Sworn statements are commonly used in affidavits, depositions, and applications. If the document you are asked to notarize contains a prepared notarial certificate, look for the key words “acknowledged” or “sworn to” to tell you which notarial act is required. 2. If there is no notarial certificate on the document, the signer must direct you whether he or she wants to make an acknowledgment or take an oath. Unless you are an attorney, you are not CITY OF CAPE CANAVERAL NOTARY PUBLIC SERVICES POLICY Date Approved: 4/22/2015 Date Amended: 8/23/2018 City of Cape Canaveral NOTARY POLICY Page 2 of 4 authorized to advise a person which notarial act is appropriate for the document presented for notarization, and you may not advise the person about the contents of the document. In order to correctly perform the duties of your office, you need to understand what it means to “notarize a signature” and the difference between the acknowledgment and the oath. PERFORMING NOTARIAL ACTS ON BEHALF OF THE CITY 1.City Notary Publics shall not notarize document(s) without the proper notarial certificate/jurat. Document(s) must contain the notarial certificates for an oath (or affirmation) or an acknowledgment. Ensure these basic elements are included: Venue (the location of the notarization). Type of notarial act (oath/affirmation or acknowledgment). That the signer personally appeared before the notary (“before me”). Actual date of notarization. Name of person whose signature is being notarized. Form of identification. Signature of notary. Name of notary printed/typed/stamped below signature. Notary seal. The notarial certificate/jurat examples attached herewith (See Example 1) are reprints of the forms provided in Florida Statutes, Section 117.05. These forms do not preclude the use of other forms; however, any form that is used must contain all the required information. Notarial certificates vary in format, but should contain the following elements. Preprinted notarial certificates/loose certificates designed to be attached to a document should be used only in rare circumstances. 2.City Notary Publics shall not assist customers in filling out the information required on forms/documents. 3.City Notary Publics may refuse to provide notary services under the following circumstances: a)When customers present documents that require multiple witnesses and there are not enough City Staff available to assist. b)The document is not in English. CITY OF CAPE CANAVERAL NOTARY PUBLIC SERVICES POLICY Date Approved: 4/22/2015 Date Amended: 8/23/2018 City of Cape Canaveral NOTARY POLICY Page 3 of 4 BEYOND PERFORMING NOTARIAL ACTS In some instances, City Notary Publics are asked to perform acts beyond that of simply notarizing a document. Below are examples of some of those acts and how to handle them on behalf of the City: 1.City Notary Publics shall not complete Department of Homeland Security (DHS) Forms I-9 on behalf of a company or individual. Customers may request this service due to the fact that notary publics are allowed to be designated, by some employers/companies/individuals who hire employees remotely, to serve as an authorized representative to fill out Form I-9 as well as physically examine vital documents to determine their appearance as genuine. DHS advises notary publics not provide a notary seal on Form I-9 nor is there a certificate/jurat to do so. However, if a customer presents you with the company’s Instructions and Affiant Statement with a Jurat Certificate (See Example 2), you may complete the I-9 and notarize the Affiant Statement provided. 2.City Notary Publics may attest Life Marital Status and Residence Certificates for pension payments. Historically, City Notary Publics have verified forms for customers who receive foreign pensions. These forms can vary in language, but basically require a municipality representative/notary public to make any changes and to attest these certificates. Because the forms do not contain the proper notarial certificate/jurat, it is necessary to make changes to the form by adding the certificate/jurat either by stamping the language onto the form or attaching a loose certificate (See Example 3). When these forms do not have an English translation printed on the document, City Notaries are encouraged to decline services. 3.Notary Publics may not give legal advice about or on the proper methods of executing legal documents. As you should be aware, CITY OF CAPE CANAVERAL NOTARY PUBLIC SERVICES POLICY Date Approved: 4/22/2015 Date Amended: 8/23/2018 City of Cape Canaveral NOTARY POLICY Page 4 of 4 unless you are a licensed attorney, you may not give legal advice. From time to time, City Notary Publics are asked to notarize wills or other legal documents that may or may not have been prepared by an attorney. City Notary Publics may notarize legal documents, whether prepared by an attorney or not, provided the proper certificate/jurat is contained therein. 4.Attesting to Photocopies. Unless the City is the custodian of a document, City Notary Publics should not notarize or attest/certify photocopies of a document. Where the City is the custodian of the document, only members of the City Clerk’s Office may attest/certify/notarize copies of the document. 5.Performing Marriage Ceremonies. City Notary Publics shall not perform marriage ceremonies during City work hours. However, they may choose to perform/solemnize the rites of matrimony on their own/personal time, away from City Offices. If you have questions or need additional information, please refer to Florida Statutes 117.05 or the State of Florida Governor’s Reference Manual for Notaries. HELPFUL LINKS AND MORE…: 1.Florida Department of State Notary Page - http://notaries.dos.state.fl.us/education/index.html 2.Florida Governor’s Notary Section Page - https://www.flgov.com/notary/ When may you refuse to provide notarial services? – Refusing to notarize may be required by Florida law or may be an option the Notary Public chooses in certain situations. Every Notary Public should have a thorough understanding of the notary laws and should exercise good judgement when making decisions about whether to notarize. Click here for more information: #Refuse NOTARIAL CERTIFICATES/JURATS EXAMPLE 1 FOR AN OATH OR AFFIRMATION (JURAT): STATE OF FLORIDA COUNTY OF BREVARD Sworn to (or affirmed) and subscribed before me this ____________ day of ______________, 20_____, by (NAME OF PERSON MAKING STATEMENT). (SEAL) SIGNATURE OF NOTARY PRINT, TYPE OR STAMP NAME OF NOTARY Personally known_________ When you use this language, ask OR Produced Identification_________ “Do you swear the information in Type of Identification Produced___________________ this document is true and correct?” ____________________________________________________________________________________ FOR AN ACKNOWLEDGEMENT IN AN INDIVIDUAL CAPACITY: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this ______________ day of _________________, 20____, by (NAME OF PERSON ACKNOWLEDGING). (SEAL) SIGNATURE OF NOTARY PRINT, TYPE OR STAMP NAME OF NOTARY When you use/see this language, ask Personally known_________ “Do you acknowledge that this is your OR Produced Identification_________ signature and you are executing this Type of Identification Produced___________________ document of your own free will?” City of Cape Canaveral Notary Policy EXAMPLE 1 Page 1 of 2 NOTARIAL CERTIFICATES/JURATS EXAMPLE 1 FOR AN ACKNOWLEDGEMENT IN A REPRESENTATIVE CAPACITY: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this ______________ day of _________________, 20____, by (NAME OF PERSON) as (TYPE OF AUTHORITY, e.g. OFFICER, TRUSTEE, ATTORNEY IN FACT) for (NAME OF PARTY ON BEHALF OF WHOM INSTRUMENT WAS EXECUTED). (SEAL) SIGNATURE OF NOTARY PRINT, TYPE OR STAMP NAME OF NOTARY When you use/see this language, ask Personally known_________ “Do you acknowledge that this is your OR Produced Identification_________ signature and you are executing this Type of Identification Produced___________________ document of your own free will?” The forms attached herewith do not preclude the use of other forms; however, any form that is used must contain all the required information. More notarial certificate/jurat examples can be found in Florida Statutes, Section 117.05. City of Cape Canaveral Notary Policy EXAMPLE 1 Page 2 of 2 EXAMPLE 2 Pg 1 of 2 EXAMPLE 2 Pg 2 of 2 EXAMPLE 3 Pg 1 of 2 STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this ______ day of _________________, 20____, by (NAME OF PERSON ACKNOWLEDGING). (SEAL) SIGNATURE OF NOTARY PRINT, TYPE OR STAMP NAME OF NOTARY Personally known_________ OR Produced Identification_________ Type of Identification Produced___________________ ________________________________________ Signature Line & Date THE HIGHLIGHTED IS WHAT YOU WILL NEED TO ADD TO THIS TYPE OF DOCUMENT OR ATTACH THE LOOSE CERTIFICATE (Document signer) EXAMPLE 3 PAGE 2 of 2