Mobile Notary Publics Professional Liability Insurance in Florida

Mobile Notary Publics in Florida at a glance

Mandatory Surety Bond

Fixed by state statute

Required for the duration of the 4-year commission.

Journal Requirement

Mandatory for RON / Recommended for Traditional

Essential for record-keeping and defending against professional liability claims.

Statutory Notary Fee

Capped by statute

The maximum fee a Florida notary can charge per notarial act.

The Florida Notary Bond and E&O Insurance

Florida law requires every notary public to be covered by a surety bond for their four-year commission term. This bond is filed with the Secretary of State and ensures that the notary will faithfully perform their duties. However, if a claim is made against the bond, the notary must repay the surety company for any losses incurred.

To protect themselves, Florida notaries should carry Errors & Omissions (E&O) insurance. Unlike the bond, E&O insurance pays for the notary's legal defense and any damages awarded, up to the policy limit. For mobile notaries, who may be handling high-value mortgage closings or legal settlements, an E&O policy with a high limit is a standard business practice.

Journal Requirements: Traditional vs. RON

In Florida, keeping a journal is not legally required for traditional, in-person notarizations, though it is strongly recommended by the Governor's office. However, for notaries performing Remote Online Notarizations (RON), the law strictly mandates the maintenance of an electronic journal and the retention of audio-visual recordings of each session.

For mobile notaries, even if they only perform in-person acts, maintaining a journal is the best way to defend against allegations of improper notarization. A detailed log of the signer's identity and the date of the act can prove that the notary followed all Florida statutes, even if the validity of the document is challenged years later.

Florida Commission and Travel Fees

Florida notary commissions last for four years. Applicants must be at least 18 years old, a legal resident of Florida, and must complete a three-hour notary education course. This education helps notaries understand the nuances of Florida law, including the specific wording required for various notarial certificates.

Florida mobile notaries are allowed to charge travel fees, which must be agreed upon in advance. These fees are separate from the statutory cap per notarial act. Clearly stating the travel fee and the notary fee separately ensures that the notary is not accused of overcharging for their official duties.

Mobile Notary Publics FAQs for Florida