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Posted by Linda_H/FL on 3/13/18 7:40am
sounds to me like the notary in question could have a few problems on her hands if someone decides to pursue it.
“A notary public may not notarize a signature on a document if the person whose signature is
being notarized is not in the presence of the notary public at the time the signature is notarized.
Any notary public who violates this subsection is guilty of a civil infraction, punishable by penalty
not exceeding $5,000, and such violation constitutes malfeasance and misfeasance in the
conduct of official duties. It is no defense to the civil infraction specified in this subsection that
the notary public acted without intent to defraud. A notary public who violates this subsection
with the intent to defraud is guilty of violating s. 117.105.” Fla. Stat. § 117.107(9).
 “A notary public may not notarize a signature on a document if the document is incomplete or
blank. However, an endorsement or assignment in blank of a negotiable or nonnegotiable note
and the assignment in blank of any instrument given as security for such note is not deemed
incomplete.” Fla. Stat. § 117.107(10).
 “A notary public may not notarize a signature on a document if the notary public has a financial
interest in or is a party to the underlying transaction; however, a notary public who is an
employee may notarize a signature for his or her employer, and this employment does not
constitute a financial interest in the transaction nor make the notary a party to the transaction
under this subsection as long as he or she does not receive a benefit other than his or her
salary and the fee for services as a notary public authorized by law. For purposes of this
subsection, a notary public who is an attorney does not have a financial interest in and is not a
party to the underlying transaction evidenced by a notarized document if he or she notarizes a
signature on that document for a client for whom he or she serves as an attorney of record and
he or she has no interest in the document other than the fee paid to him or her for legal services
and the fee authorized by law for services as a notary public.” Fla. Stat. § 117.107(12).
“
A notary public may not notarize a signature on a document if the person whose signature is
being notarized is not in the presence of the notary public at the time the signature is notarized.
Any notary public who violates this subsection is guilty of a civil infraction, punishable by penalty
not exceeding $5,000, and such violation constitutes malfeasance and misfeasance in the
conduct of official duties. It is no defense to the civil infraction specified in this subsection that
the notary public acted without intent to defraud. A notary public who violates this subsection
with the intent to defraud is guilty of violating s. 117.105.” Fla. Stat. § 117.107(9).
 “A notary public may not notarize a signature on a document if the document is incomplete or
blank. However, an endorsement or assignment in blank of a negotiable or nonnegotiable note
and the assignment in blank of any instrument given as security for such note is not deemed
incomplete.” Fla. Stat. § 117.107(10).
 “A notary public may not notarize a signature on a document if the notary public has a financial
interest in or is a party to the underlying transaction; however, a notary public who is an
employee may notarize a signature for his or her employer, and this employment does not
constitute a financial interest in the transaction nor make the notary a party to the transaction
under this subsection as long as he or she does not receive a benefit other than his or her
salary and the fee for services as a notary public authorized by law. For purposes of this
subsection, a notary public who is an attorney does not have a financial interest in and is not a
party to the underlying transaction evidenced by a notarized document if he or she notarizes a
signature on that document for a client for whom he or she serves as an attorney of record and
he or she has no interest in the document other than the fee paid to him or her for legal services
and the fee authorized by law for services as a notary public.” Fla. Stat. § 117.107(12). |
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