Presence Requirement
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The basic role of a notary public in our legal system and in the world of commerce is to prevent fraud. Notaries deter fraud when they perform their duties with diligence and obey the laws governing their duties.

The most basic requirement for performing a notarization is that the person who is taking an oath or making an acknowledgment (the one whose signature is being notarized) must be present at the time of the notarization. The presence requirement refers to physical presence.

Florida Statutes section 117.107(9) provides that:
A notary public may not notarize a signature on a document if the person is not in the presence of the notary public at the time the signature is notarized.

There is no exception to the presence requirement.


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