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MoreThanNotary strive to keep you informed with the latest news about our company and industry.

Curbside Signing Option

Miami, FL (March 21, 2022) – For title agents and lenders to continue to serve their customers in a world of social distancing. Effective immediately, MoreThanNotary is offering Curbside Closing as a signing option* during the COVID-19 crisis.

We want to provide clients peace of mind of a germ- and stress-free signing experience in a time where stress levels are high. Abiding by the Centers for Disease Control and Prevention’s (CDC) social distancing guidelines, our Curbside Closing option allows the signer(s) to sign the documents at a convenient place and time without the need for a signing agent to enter the signer’s home.

It is critical for homebuyers and sellers to continue to conduct transactions during this crisis. In fact, the Department of Homeland Security has outlined the sixteen pieces of critical infrastructure and has provided guidance in light of the COVID-19 outbreak. The guide states that financial services are part of the sixteen pieces. The essential services provided by lending institutions, title agencies, attorneys and notaries help extend credit and help homeowners tap into their home’s equity for liquidity. That in part, is why we are extending our services to include COVID-preventative signing options.

What is Curbside Closing?

Curbside Closing by MoreThanNotary is the same as mobile signing, except the notary signing agent and the consumer will not conduct the signing or the notarization in the signer’s home. In a time of social distancing, the notary signing agent will meet the signer(s) at the desired location, but the entire signing will be held outside between the signer and the notary signing agent abiding by the CDC’s social distancing practice. MoreThanNotary and our network of trained signing agents are pleased to be able to extend this service for title agents, lenders and homebuyers and sellers as they strive to continue with life and creating some level of normalcy during the COVID-19 outbreak.  

*Product and service availability varies based on state and local regulations.

Notary Basics:
Avoiding The Unauthorized Practice Of Law

Updated 9-20-21. A Notary is not a lawyer. In fact, it is against the law for Notaries who aren’t attorneys to provide certain kinds of advice and services. This is known as Unauthorized Practice of Law 
(UPL), and can carry
serious consequences for a Notary, including hefty fines, loss of commission and even conviction for a criminal offense. It’s crucial to know what services fall under the unauthorized practice of law — and how to avoid them.

What Is The Unauthorized Practice Of Law? 

The unauthorized practice of law means offering legal services without being licensed as an attorney. Statutes, court opinions and ethics rulings from the state bar often define legal services in the following ways:

  • Giving advice about a document a customer needs.
  • Recommending the type of notarization required.
  • Offering an opinion about the legality or effect of a document.

Only attorneys licensed by the bar in a particular state may perform these services, nonattorney Notaries may not.

Avoiding Unauthorized Practice Of Law

To help you avoid UPL, The Notary Public Code of Professional Responsibility provides the following list of services Notaries are NOT allowed to offer customers:

  • Notaries may not choose the particular document a customer may need for a transaction.
  • Notaries may not choose the type of notarization or certificate wording for a given document. The customer must decide.
  • Notaries may not prepare a document or give advice on how to fill out, draft or complete a document.
  • Notaries may not provide legal advice or answer questions about a legal matter.

And no person may represent someone in court or a legal proceeding, or charge and collect a fee for such representation unless they are licensed to practice law in that state.

How Notaries Can Assist Signers Without Offering Legal Advice 

While you must never offer legal advice or services, here are some ways you can assist signers without engaging in the unauthorized practice of law:

  • Set appropriate expectations with signers by explaining what you can and cannot do as a Notary.
  • While you may describe to signers the types of notarial acts and certificates — such as the difference between acknowledgments and jurats — the signer must always choose which act you will perform​ for them. Don’t choose for the signer.
  • Refer signers to the receiving agency of a document or an attorney if they have questions, so they can receive proper instructions or advice.

Florida Notary Marriage Ceremony

March 12, 2021

Did you know that Florida is one of only three states that allows public notaries to officiate a wedding? In addition to Maine and South Carolina, Florida allows certified and commissioned notaries to perform a marriage for individuals with a valid marriage license. 

If you’re a public notary looking to expand your services or want to be a part of a family member’s or friend’s big day, now is the perfect time to learn more about Florida notary marriage ceremony requirements.

Things to Consider

Before you start reaching out to your circle of friends or updating your list of services, there are a few things you need to consider before performing a wedding ceremony.

Lawful Definition of Marriage

The term “marriage” is defined as a legally or formally recognized union of two people as partners in a relationship. Understanding this definition is crucial to both the individuals wishing to marry as well as the notary performing the marriage. Getting married cannot be done in jest or as a spontaneous gesture. It must be done willingly and with great solemnity. Complying with these regulations ensures that the marriage is not invalidated later.

Marriage License

Any couple wishing to get married in Florida must obtain a marriage license prior to getting married. Marriage licenses are issued by counties, and you can apply for one at your local county clerk’s office. To get a marriage license, you will need:

  • Identification for both individuals. Take a driver’s license, passport, or social security card with you.
  • Payment. A marriage license will vary in cost depending on your county but usually costs around $94.

A Florida marriage license is valid for 60 days after issuance, and the marriage must take place during this window. There is also a three-day waiting period after issuance.

Notary Must be Commissioned

At the time the ceremony is performed, the notary must be officially commissioned by the state of Florida. The ceremony would be deemed unofficial if it was found that the notary was not in commission when the ceremony took place.

Must Be Performed in the State of Florida

As previously mentioned, Florida is only one of three states that allow a notary public marriage, so the ceremony must be performed in Florida. 

The Marriage Process

Performing a Florida notary marriage ceremony is simple, but there are a few steps you must complete to ensure the marriage is valid. 

First, you’ll want to see if the county you’re performing the ceremony in has any specific guidelines for notaries officiating ceremonies. There may not be any, but it’s always a good idea to double-check.

Second, you’ll want to make sure that both parties are present. Another person may not stand in for either individual—both must be physically present at the ceremony. It’s always a good idea to double-check their identity, especially if you don’t know them personally. Check their IDs before the ceremony to ensure you’re marrying the right individuals and that they are of age.

Next, you’ll want to have possession of the couple’s marriage license. Make sure that it has not expired and has been signed by both individuals. Remember, you cannot perform a marriage ceremony without a legal, signed marriage license and may face a hefty fine and even imprisonment if you proceed without one. It’s always a good idea to have the marriage license in your hand before the ceremony starts. 

Next, you’ll want to determine consent between both parties. Each person must voluntarily and freely give consent without any evidence of force or duress. As a notary, you should have sound judgment, strong observation, and good sense to know that both individuals are of sound mind. If you notice that either party is under the influence of drugs or alcohol or seems unwilling, you may not want to go through with the ceremony. If both are of sound mind, they should express their willingness to get married during the ceremony. 

Now that you’ve ensured you have the right people, a valid marriage license, and gotten consent, you can perform the ceremony. The partners most likely specified what type of ceremony they’d like performed based on their personal preferences or religion.

When the ceremony is complete, you’ll need to complete the certificate of marriage. Have the bride and groom sign the marriage certificate along with any witnesses (if there are any). As a notary, you must witness the signing of the certificate by the participants. Next, ensure the date of the wedding is correct as well as the city or county where the ceremony was performed. Finally, include your signature as the officiant and write “public notary” beneath your printed name. 

You may also want to include the date, marriage license number, fees charged, time and place that the marriage occurred, the identification of the two partners, and their signatures in your notary journal.

Once you have their signatures, return the completed marriage certificate to the county clerk’s office within 10 days of completion. The partners will get an official copy in the mail in a few weeks.

Fees for Performing Marriages

Per Florida wedding officiant requirements, a public notary must be paid a $20 fee to perform the ceremony. However, some choose to include additional services such as photography or videography, flowers, or cake for additional fees. You’ll want to discuss fees prior to the ceremony and keep any other services separate from notary fees.

Following the Florida notary marriage ceremony requirements listed above ensures that you’re following state laws and the marriage you’re performing is legal and valid in the eyes of the state. If you have additional questions about a notary public marriage, you can contact the Florida Notary Association for more information.

If you are a notary looking for supplies, be sure to check out The Dotted Line where you will find everything you need.

Dos & Don'ts
A Florida Notary Public CAN…

  1. Perform a marriage ceremony in the State of Florida for all individuals (including any family members) with a valid Florida marriage license.
  2. Charge up to $10 per notarial signature on a document and charge up to $30 for performing a marriage ceremony.
  3. Act as a notary anywhere in the State of Florida.
  4. Notarize foreign documents as long as the notary is confident that the signer can read and understand the document being signed.
  5. Notarize documents from another state or country. Documents leaving the state or country typically require an Apostille or Certificate of Notarial Authority (authentication).
  6. Supervise the making of a photocopy from an original document and attest to the trueness of that copy, provided the document is not a vital or public record (such as birth certificates & marriage licenses). If the document is a Florida vital record, a certified copy can be requested from Department of Health, Bureau of Vital Statistics. Please see their website for more information.