Notary-Certified Copies: What We Can (and Cannot) Copy-Certify in Florida

In my 20 years as a mobile notary traveling across Florida, I have met thousands of residents and snowbirds who need help with paperwork. One of the most common requests I get is for a "notary-certified copy." Many people believe a notary can just look at any document, make a photo, and stamp it as a true copy. While Florida law does allow notaries to certify copies, there are very strict rules about what we can and cannot touch.

Florida Statute Chapter 117 lays out exactly how this works. If you are a part-time resident or a lifelong Floridian, understanding these rules can save you a lot of time and frustration. In this article, I will explain what a certified copy is, which documents are off-limits, and how the process works when I meet you for an appointment.

What is a Notary-Certified Copy?

When most people hear "certified copy," they think of a birth certificate from the health department. However, in the notary world, a certified copy is different. It is a process where I, as a notary, compare an original document with a photocopy to ensure they are exactly the same.

In Florida, a notary public has the power to supervise the making of a copy and then sign a certificate stating that the copy is a "true, exact, complete, and unaltered" image of the original. This is a very useful tool for people who need to send important paperwork overseas or to a government agency but do not want to mail their original documents.

The $10 Rule

Under Florida Statute §117.05(2), the maximum fee for any single in-person notarial act is $10. This means that for each certified copy certificate I complete, the state limits the fee to $10. If I am traveling to your home, office, or a hospital, there is usually a travel fee involved. Per state law, I always disclose travel fees in writing and make sure you agree to them before we meet. These travel fees are separate from the $10 notarial act fee.

The Personal Appearance Rule

Even for a copy certification, the person requesting the copy must be physically present. I cannot certify a copy if you just mail me the original. I need to witness the copy being made or verify the copy against the original while you are standing there. This ensures the integrity of the process.

Documents We Cannot Certify (The "Public Record" Rule)

The biggest mistake I see involves people asking for copies of "vital records" or "public records." Florida law is very clear on this: a notary public cannot certify a copy of any document that is already a matter of public record.

If a government office holds the original and can issue certified copies themselves, a notary is legally barred from doing it. If you ask a Florida notary to certify one of these, we must say no.

Vital Records

You cannot ask a notary to certify copies of:

• Birth certificates
• Death certificates
• Marriage licenses (the original license filed with the court)
• Divorce decrees issued by a court

For these documents, you must contact the Florida Bureau of Vital Statistics or the Clerk of Court in the county where the event was recorded. They are the only ones authorized to provide "official" certified copies of these records.

Recorded Documents

If a document is recorded in the public records of a county, a notary cannot certify a copy of it. This includes:

• Deeds to a house
• Mortgages
• Any document already filed at the courthouse

Other Prohibited Documents

We also cannot certify copies of:

• Any document that says on its face that it cannot be copied.
• Naturalization certificates (this is a federal rule).
• Federal tax returns (these are considered records of the IRS).

Documents We Can Certify in Florida

So, what is left? Actually, quite a bit. There are many private documents that are not part of a public record. These are the items I frequently help my clients with during mobile appointments.

Passports and IDs

This is the most common request I receive, especially from snowbirds or people traveling internationally. Florida allows notaries to certify a copy of a person’s passport or driver's license. Many foreign countries or banks require a "notarized copy" of your ID to open accounts or process visas. Since passports are not "public records" in the same way a birth certificate is, I can verify the original against a photocopy and attach the proper Florida certificate.

Diplomas and Transcripts

If you are applying for a job or a school in another country, they may ask for a certified copy of your diploma. Since a diploma is a private document issued by a school, a notary can certify the copy.

Professional Licenses

If you are a nurse, doctor, or engineer and you need to provide proof of your credentials without sending your original license, a notary-certified copy is often the solution.

Private Contracts and Letters

If you have a private agreement, a business contract, or even a personal letter that needs to be "certified" as a true copy, a notary can perform that act. As long as the document has not been filed with a government agency or a court, it is generally fair game for a copy certification.

How Identity Verification Works

To perform a copy certification—or any notarial act in Florida—I must verify who you are. Florida Statute §117.05(5) gives us specific ways to do this.

Government-Issued Photo ID

The most common way is through a current, unexpired photo ID. Acceptable forms include:

• A Florida driver license or ID card
• A U.S. passport
• A foreign passport (if it has a stamp from the U.S. Citizenship and Immigration Services)
• A U.S. military ID

The ID must be current. If your driver's license expired last week, I cannot use it to verify your identity.

Credible Witnesses

If a person does not have a valid ID—which sometimes happens with elderly clients in care facilities—Florida law allows for another option. I can use the sworn statement of one "credible witness." This witness must personally know the signer, have their own valid ID, and not be named in the document being copied. They must swear under oath that the signer is who they say they are.

The Role of Remote Online Notarization (RON)

Since January 1, 2020, Florida has allowed Remote Online Notarization. This means we can perform notarial acts over a live video call. However, there are very specific rules for RON.

Proving Identity Online

In an online session, we don’t just look at an ID. The system uses "credential analysis" and "knowledge-based authentication" (KBA). This involves the signer answering several security questions based on their credit history and background.

Physical Location

Even though the act is online, Florida law requires the signer to be physically located in the United States at the time of the signing. The entire session is recorded, and that recording must be kept for at least 10 years.

While RON is great for things like acknowledgments or jurats, copy certifications are much easier to handle in person. This is because I need to physically see and touch the original document to ensure it is authentic before I can certify a copy of it.

Powers of Attorney and Wills

Sometimes, people ask me to certify a copy of a Power of Attorney (POA) or a Will. While I can technically certify a copy of an original POA that has not been recorded at the courthouse, there are special rules for signing these documents in the first place.

Signing a Durable POA

In Florida, a Durable Power of Attorney must be signed by the principal in the presence of two witnesses. It must also be acknowledged before a notary. If you need a POA signed, I often come to your location to act as the notary while you provide the two witnesses.

The Importance of Wills

For a Last Will and Testament, Florida law requires the person making the will (the testator) to sign in the presence of two witnesses. Those witnesses must also sign in front of the testator and each other.

I often help with "self-proof affidavits" for wills. This is a document signed by the testator and both witnesses in front of a notary. It makes the will "self-proving," which means when the time comes for probate, the court doesn't have to track down the witnesses to testify. Having a properly notarized self-proof affidavit can save your family a lot of stress later.

Apostilles and International Use

If you are getting a copy certified because you are moving to another country or doing business abroad, you might hear the word "Apostille."

A notary cannot issue an Apostille. Only the Florida Department of State in Tallahassee can do that. An Apostille is a form of authentication that proves the notary’s signature and seal are valid.

If you have a private document like a diploma or a passport copy, the process usually looks like this:

1. I meet you and perform the copy certification.
2. I sign and seal the document according to Florida law.
3. You (or a service) send that notarized document to the Department of State.
4. The Department of State attaches the Apostille.

This is a very common process for "Hague Convention" countries. If the document is for a country that is not part of that convention, it may require further steps through the U.S. Department of State or a foreign consulate.

What a Notary Cannot Do

I always like to remind my clients about what I am not allowed to do. These rules are in place to protect you.

I Am Not a Lawyer

Unless a notary is also a licensed attorney, we cannot give legal advice. I cannot tell you which document you "should" use or what the legal effect of a document will be. I also cannot draft legal documents for you. If you need a Power of Attorney or a Will written, you should have that prepared before I arrive.

No Blanks

I cannot notarize any document that has obvious blank spaces. This is to prevent fraud. Please make sure your forms are filled out completely (except for the signature) before we meet.

No Self-Notarization

I can never notarize my own signature. I also cannot notarize for my spouse, parent, or child if I have a financial interest in the document.

Mental Capacity

One of the most important parts of my job is ensuring the signer knows what they are doing. If a person appears confused, heavily sedated, or looks like they are being forced to sign, I must refuse to perform the notarization. In my 20 years of experience, I’ve learned that a document is only as good as the integrity of the signing process.

Marriage Ceremonies

A fun fact about Florida is that we are one of the few states where a notary can perform a marriage ceremony. Florida Statute §117.045 grants us this power.

If you are planning to get married, the process is simple:

1. You must get a marriage license from any Florida Clerk of Court.
2. If you are a Florida resident, there is a 3-day waiting period unless you took a premarital course. Non-residents can usually get married the same day they get the license.
3. The license is valid for 60 days.
4. I can perform the ceremony anywhere in the state.
5. After the ceremony, I sign the license and must return it to the Clerk of Court within 10 days.

The maximum fee a notary can charge for solemnizing a marriage is $30, though travel and ceremony coordination fees may be added if disclosed beforehand.

Florida VIN Verifications

Another unique task for Florida notaries is VIN (Vehicle Identification Number) verification. If you are moving to Florida and bringing a car from out of state, the Department of Highway Safety and Motor Vehicles (FLHSMV) often requires a physical inspection of the VIN.

As a mobile notary, I can come to your driveway, verify the VIN on the dashboard against your out-of-state title, and sign the official verification form. This is a very common request for people moving here for the winter season.

Ready to get this handled?

When you need a professional who understands the nuances of Florida law, experience matters. Whether you need a passport copy certified, a Power of Attorney witnessed at a hospital, or a VIN verified in your driveway, I am here to help. I bring two decades of experience directly to your door, ensuring your paperwork is handled correctly the first time. I offer same-day and after-hours appointments to fit your busy schedule across the state of Florida.

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