Posted by BrendaTx on 4/23/11 7:55am
Msg #381075
Florida Wedding Question -
Can a notary public who performs weddings where a family member is involved?
| Reply by BrendaTx on 4/23/11 7:56am
Msg #381076
Re: Florida Wedding Question - try again
If you are a notary who performs weddings in FL, can you marry a couple if one of them is a family member?
| Reply by Linda_H/FL on 4/23/11 8:11am
Msg #381077
Yes...page 16 of the manual...
http://www.flgov.com/wp-content/uploads/notary/ref_manual11-22.pdf
"A notary public may perform a marriage ceremony for a person who is related to him or her by blood or marriage. The prohibition against notarizing the signature of a spouse, son, daughter, mother, or father does not apply because the notary is not notarizing the signature of the bride and groom, but is only certifying that the couple have been joined in marriage by the notary according to the laws of the State of Florida. Op. Att‘y Gen. Fla. 91-70 (1991)."
| Reply by BrendaTx on 4/23/11 8:22am
Msg #381080
Very interesting, Linda...thank you. n/m
| Reply by FlaNotary2 on 4/23/11 10:21am
Msg #381083
FL Atty General Opinion 91-70
Number: AGO 91-70
Date: September 18, 1991
Subject: Notary public, solemnizing relative's marriage
Mr. Sheldon I. Pivnik
Notary Public
RE: NOTARIES PUBLIC–MARRIAGE–notary public not prohibited from solemnizing the rites of matrimony for relative. s. 117.05, F.S.
QUESTION:
Does s. 117.05(6)(d), F.S., as amended by Ch. 91-291, Laws of Florida, prohibit a notary public from solemnizing the rites of matrimony of persons related by blood or marriage to the notary public?
SUMMARY:
Section 117.05(6)(d), F.S., as amended by Ch. 91-291, Laws of Florida, effective January 1, 1992, does not prohibit a notary public form solemnizing the rites of matrimony of persons related by blood or marriage to the notary public.
Section 117.05(6)(d), as amended by s. 4, Ch.91-291, Laws of Florida, provides that a notary public may not notarize a signature on a document if "[t]he person whose signature is to be notarized is related to the notary public by blood or marriage." Chapter 91-291, Laws of Florida, takes effect January 1, 1992.[1]
Section 117.04, F.S., as amended by s. 3, Ch. 91-291, Laws of Florida, provides that a notary public is authorized to solemnize the rights of marriage.[2] The fee for performing such service may not exceed those provided by law to the clerk of the circuit court of performing like services.[3]
Before solemnizing a marriage, the notary public must require of the two parties a marriage license issued accordingly to s. 741.01, F.S.[4] Within 10 days after solemnizing the marriage, "he shall make a certificate thereof on the license, and shall transmit the same to the office of the county court judge or clerk of the circuit court from which it issued."[5]
Section 117.05(6)(d), as amended and effective January 1, 1992, prohibits a notary public from notarizing the signature of a relative on a document. In solemnizing the rites of matrimony and certifying on the marriage license that he has solemnized the marriage, the notary is not notarizing the signature of the relative on a document. Accordingly, the prohibition contained in s. 117.05(6)(d), F.S., as amended, would not appear to be applicable.
Therefore, I am of the opinion that s. 117.05(6)(d), F.S., as amended by s. 4, Ch. 91-291, Laws of Florida, effective January 1, 1992, does not prohibit a notary public from solemnizing the rites of matrimony pursuant to s. 117.04, F.S., as amended by s. 3, Ch. 91-292, Laws of Florida.
Sincerely,
Robert A. Butterworth
Attorney General
RAB/tjw
--------------------------------------------------
[1] See, s. 11, Ch. 91-291, Laws of Florida.
[2] And see, s. 741.07(1), F.S., which provides that notaries public of the state, among others, may solemnize the rights of matrimonial contract, under the regulations prescribed by law.
[3] See, s. 28.24(29), F.S., providing that the service charge for the clerk of the circuit court is $20 for solemnizing matrimony.
[4] Section 741.08, F.S.
[5] Id.
| Reply by BrendaTx on 4/23/11 5:26pm
Msg #381103
Is that a yes? :) n/m
| Reply by C. Rivera Chicago Notary Services on 4/24/11 5:34am
Msg #381111
Seriously? A simple yes or no would've sufficed Robert... n/m
| Reply by FlaNotary2 on 4/24/11 8:05am
Msg #381121
Good grief Cari why don't you lose the attitude?
I posted that so Brenda could get the reasoning behind it since she found it "very interesting". Stop trying to make me sound arrogant. You are the arrogant one.
| Reply by BrendaTx on 4/24/11 10:05am
Msg #381127
Thanks, Robert.
I was thinking through a theory. That just blew it out of the water.
| Reply by BrendaTx on 4/24/11 11:18am
Msg #381133
Wrong area...
OMG...I did not mean to get into the Cari / Robert problem so let me back out of this.
| Reply by C. Rivera Chicago Notary Services on 4/24/11 10:46am
Msg #381131
I believe Linda gave Brenda the answer she was seeking
in her post above, making your post, though maybe interesting for some, for others was just annoying and unnecessary....
| Reply by HisHughness on 4/24/11 10:59am
Msg #381132
Re: I believe Linda gave Brenda the answer she was seeking
***your post, though maybe interesting for some, for others was just annoying and unnecessary***
That is a major major reach, Cari.
As annoying as I find Robert on occasion, his post was precisely what this forum is about -- or should be about in my view, rather than neophytes asking whether they can notarize an out-of-state affidavit. Far from being unnecessary, it provided the statutory basis for an answer. As an attorney, I find that reassuring.
I also find it reassuring that Robert never finds me annoying. One of the benefits of being me is being universally loved and appreciated.
| Reply by C. Rivera Chicago Notary Services on 4/24/11 2:06pm
Msg #381141
What this forum is also about are opinions regarding others
posts...and what I wrote was just that, my opinion.
I will add that on a certain level, BOTH of you can be equally annoying, at times, especially when when the lawyer plays the 'devils advocate' role on such a holy day. he he. 
| Reply by Linda_H/FL on 4/24/11 4:03pm
Msg #381152
Just let it go guys...not worth the grief
I thought the paragraph from our manual was relatively self-explanatory - especially to someone like Brenda who is quite capable of researching statutes and opinions. Robert felt it needed more in-depth explanation and feels better for having done so...it's done and over.
No need to keep the arguments going..this is silly...
| Reply by FlaNotary2 on 4/24/11 4:59pm
Msg #381156
Brenda is obviously researching the subject,
she said it was "very interesting" that notaries were allowed to perform marriages for family members. Knowing that Brenda has an "inquiring mind" (and inquiring minds want to know!), I took this "very interesting" comment to mean "Wow, that doesn't make sense". The manual excerpt that Linda posted cited the Attorney General opinion that I posted. That way Brenda gets it from the original source which will probably be useful for whatever research she is undertaking.
But again, Cari wants to use this as an opportunity to make me look like I'm some egotistical know-it-all. Well, Cari, my credentials speak for themselves. I am the only one here who is a state-approved notary instructor in Florida (and there have only been 17 in the history of the state), and I've been an expert witness on now five court cases on notary law. This is not to belittle the knowledge of Linda, PAW, jba, and Sylvia, who are all very knowledgeable Florida notaries - but I am not just blowing smoke up your butt. I do know what I'm talking about and your disgusting attempts to diminish my knowledge or make me seem pompous are getting very, very old.
| Reply by Linda_H/FL on 4/24/11 5:54pm
Msg #381159
Well, since you put it out there, you bring it on yourself
No one will condemn you for gaining knowledge - just stop trying to ram it down our throat...
Unfortunately I don't think you see it but I've told you before...every now and then your pompous shows and you post as though you either know-it-all or know-it-better...
Sorry, but you do...
MHO
| Reply by HisHughness on 4/24/11 6:37pm
Msg #381162
Brenda posted the original question...
...and Brenda's feelings about whether Robert's contribution was helpful or not should be definitive on the issue. She said:
"Thanks, Robert. I was thinking through a theory. That just blew it out of the water."
Let the guy post. His contributions are substantially more valuable than those of someone who just got her stamp and is wondering what she can do with her "notary" now. If we have raised the bar to rule out pomposity in any poster, then you probably should start with all those who clambered aboard to offer support on the thread headed "545 vs. 300,000,000 People -By Charlie Reese."
And it goes without saying -- though I'm confident there will be several posters who will feel required to say it -- that I'm completely dead in the water if we have initiated a pomposity litmus test.
| Reply by Linda_H/FL on 4/24/11 6:48pm
Msg #381163
I have no problem with him posting...I agree he's very
smart and knowledgeable and he does know his notary laws - I even agree with him when he complains that everything posted on NotRot is *assumed* to be about loan signings when many times it's not!!
But he wonders why people think the way they do about his posts - I've said it to him privately so it's not like I'm talking about him behind his back - what I've said here is nothing I haven't said directly to him - I don't play that game. Sometimes his posts come off pompous and arrogant with an "I'm better than you are" tone...
Maybe it's what's lost between the lips and the fingertips....not sure.
I think both "feuders" need to keep it behind the scenes ....
MHO
| Reply by C. Rivera Chicago Notary Services on 4/27/11 6:06am
Msg #381419
definitive proof that it's NOT only me that believes he is
overly pompous and arrogant in most of his posts....
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