Posted by Robert/FL on 6/10/09 8:22pm
Msg #291886

Are there any Protest experts?

I have just received confirmation from the State that notaries in Florida are indeed authorized to create certificates of protest. I think I've figured it out but I want to make sure I'm right before I proceed to actually do this. Are there any experts on this process?

Reply by Linda_H/FL on 6/10/09 9:21pm
Msg #291891

Do a search here - been discussed many times before... n/m

Reply by PAW on 6/10/09 9:26pm
Msg #291893

I don't think so. In accordance with FSA 118.10(3), which states (in part):

"A civil-law notary may also administer an oath and make a certificate thereof when it is necessary for execution of any writing or document to be attested, protested, or published under the seal of a notary public."

Notarial Protests or Notary Certificates of Dishonor are not authorized for regularly appointed notaries under FSA 117 and there is no mention of this duty in the Florida Governors Reference Manual for Notaries. Civil-law notaries are attorneys and must be a member of the Florida Bar.

Did you get the 'confirmation' in writing? I would check with the Governors Office, Notary Section before getting to involved in the process.

Reply by Robert/FL on 6/11/09 12:19pm
Msg #291977

The Governor's office confirmed that it is an authorized duty:

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I consulted with on of our staff attorneys regarding protests. Pursuant to section 673.5051(2) Florida Statutes, a notary public is one of the individuals authorized to make a protest, since notaries are also authorized to administer oaths in this state.

If you have any further questions, please do not hesitate to contact our office.


Sincerely,

Heather Slager
Notary Education Coordinator
Executive Office of the Governor