Thought I’d share this write up I recently did on the history of the office of Notary Public in and for the State of Florida. Enjoy!
The office of Notary Public in Florida has deep legal and historical roots extending far beyond the borders of the state itself. It can trace its ancestry to the time of the Roman Empire, where the notarius served as an official recorder, who was entrusted to transcribe proceedings, draft contracts, and preserve acts of public importance. The office was formally established in Florida on September 13, 1822, when the Governor and Legislative Council of the newly organized Territory of Florida enacted "An Act Concerning Notaries Public." This foundational statute established the legal framework for notarial practice in Florida and defined a broad range of powers and responsibilities for notaries—many of which remain in effect today.
Under the 1822 act, territorial notaries were empowered to perform the traditional notarial acts of acknowledgments, oaths, affidavits, certifying copies, and protesting dishonored negotiable instruments. They were also authorized to perform several lesser-known but significant responsibilities, including receiving and transferring securities, noting marine protests (which documented damages or losses sustained by vessels at sea), and taking proofs of debts intended to be sent abroad—a crucial function in a time when long-distance communication and documentation were slow and uncertain. The role of notaries was essential to commerce, litigation, and international trade. A Florida notary in 1822 could charge $1 for taking an acknowledgment ($30 today), or $3 for issuing a protest ($90 today).
In the early years of Florida's territorial period, notaries were appointed by the Governor without a fixed term, serving at the Governor’s pleasure—a reflection of the flexible and evolving nature of early territorial administration. This practice continued until June 3, 1897, when a standardized four-year term of office was established by law. Initially, the Governor held the authority to appoint notaries with jurisdiction limited to particular "limits and precincts," such as individual counties. However, since January 1, 1976, all notarial commissions have been issued on a statewide basis, with notaries authorized to act throughout the State of Florida.
In keeping with the broader social norms of the 19th century, women were initially barred from serving as notaries. This restriction remained in place until June 2, 1899, when Florida law was amended to allow women to be appointed to the office—a reflection of the slow but steady progress toward gender equality in the public sphere.
As Florida's legal and civic life became increasingly complex, the duties of notaries public expanded accordingly. On February 8, 1861, notaries were granted the authority to solemnize the rites of matrimony, making Florida one of the few states where notaries may legally officiate weddings—a distinctive feature of the office that persists to this day. Later legislative reforms continued to broaden the notary's role: on October 1, 1980, notaries became empowered to verify vehicle identification numbers (VINs), facilitating the registration of motor vehicles. On July 3, 1992, their powers were extended to include the inventorying of safe-deposit boxes, a responsibility often required in estate and probate matters.
Through these changes, the office of Notary Public in Florida has remained a vital part of the state’s legal and civic framework. From its origins in the territorial period to its modern role in weddings, real estate transactions, and probate proceedings, the Florida notary continues to serve as an accessible, trusted public officer at the intersection of law, commerce, and community life. |
