Florida Notary Weddings: Witness And Officiate?

Florida is one of only three states that allow public notaries to officiate a wedding, alongside South Carolina and Maine. A Florida notary may perform a marriage ceremony providing the couple first obtain a marriage license from a Florida official and the ceremony takes place within the state. The notary must be officially commissioned by the state of Florida at the time of the ceremony, and the marriage license must be valid and signed by both individuals. The notary must also witness the signing of the certificate by the participants.

Florida is one of three states that allow notaries to officiate weddings

Florida is one of only three states that allow notaries to officiate weddings. The other two states are South Carolina and Maine. In Florida, a notary public is authorised to "solemnise the rites of matrimony" under §117.045 of the Florida Statutes.

Florida notaries can only perform a wedding ceremony within the state's legal boundaries, and the couple must first obtain a marriage license from a Florida official. The marriage license must be issued in accordance with Florida law, and the ceremony must be performed on or before the expiration date. The notary must also be commissioned by the state of Florida at the time of the ceremony.

Before the ceremony, the notary should take custody of the marriage license and inspect the identification of the parties. The ceremony can be of any form, as long as there is verbal consent from both parties to be joined in wedlock, and the vows reflect the couple's intentions to make a legally binding commitment to each other.

After the ceremony, the notary must complete the marriage certificate portion of the marriage license and return it to the official who issued it within ten days. The notary must also record the act in their official journal or record book.

The notary must be commissioned by the state of Florida

Florida is one of only three states that allow public notaries to officiate a wedding. The other two are South Carolina and Maine. In Florida, a notary public can perform a marriage ceremony as long as they are duly appointed and commissioned at the time of the ceremony.

To become a notary in Florida, individuals must follow specific steps and meet certain requirements. They must be at least 18 years old, be a legal resident of Florida, and not have any prior felony convictions. The prospective notary must then complete an application, which includes providing necessary identification and paying the required fees. Once the application is approved, the individual will receive their commission, which authorizes them to perform the duties of a notary public, including solemnizing marriages.

It is important to note that Florida notaries can only perform marriage ceremonies within the legal boundaries of the state of Florida, which generally includes three miles off the coast. Notaries from other states cannot perform marriage ceremonies in Florida, and Florida notaries cannot officiate weddings in other states. This geographical restriction is another important factor to consider when planning a wedding ceremony officiated by a Florida notary.

By ensuring their commission is active and understanding the geographical limitations, a Florida notary can confidently perform a legal and binding marriage ceremony within the state, uniting couples in a solemn and official union.

The marriage must take place within the state of Florida

Florida is one of only three states that allow a notary public to officiate a wedding. The other two states are South Carolina and Maine. However, a Florida notary public may only perform a marriage ceremony within the geographical boundaries of the state of Florida. This includes up to three miles off the coast. A Florida notary cannot perform a marriage ceremony in another state, and a notary from another state cannot perform a marriage ceremony in Florida.

A couple must obtain a marriage license from a Florida official before a Florida notary public may perform a marriage ceremony. A Florida marriage license is valid for 60 days after issuance, and the marriage must take place during this window. The marriage license must be returned to the county where it was issued, regardless of where in Florida the ceremony took place.

Florida notaries should be aware that they may face a fine or even imprisonment if they perform a marriage ceremony without a legal, signed marriage license. It is also important to note that Florida law prohibits same-sex marriages, and a Florida notary is not authorized to perform a marriage ceremony for two persons of the same sex.

The couple must obtain a marriage license from a Florida official

Florida is one of only three states that allow public notaries to officiate a wedding. Before a Florida notary public may perform a wedding ceremony, the couple must obtain a marriage license from a Florida official. This is a crucial step to ensure the marriage is legal and binding. Here are the steps that couples must take to obtain a marriage license:

Identification

Both individuals must provide identification, such as a driver's license, passport, or social security card. Non-citizens may provide an alien registration number or other form of identification.

Application and Affidavit

The couple must submit an application, including an affidavit stating their ages and Social Security numbers, to the clerk of the circuit court or a county court judge. The affidavit is a sworn statement confirming their identities and eligibility for marriage.

Premarital Preparation Course

The couple must also file a written statement indicating whether they completed a premarital preparation course and verifying that they have read or accessed the family law handbook published by the Florida Bar. This step is essential, as it ensures that the couple understands the legal and financial aspects of marriage.

Payment of Fees

There is usually a fee for obtaining a marriage license, which can vary depending on the county but typically costs around $94. This fee must be paid at the time of application.

Waiting Period and Validity

Once the application is approved, there is a three-day waiting period before the marriage license becomes effective. This waiting period is waived for out-of-state residents and couples who complete a premarital preparation course. The license is then valid for 60 days, during which the wedding ceremony must take place.

Returning the License

After the ceremony, the marriage license must be returned to the county where it was issued, regardless of where in Florida the ceremony took place. This step is crucial, as it ensures the marriage is officially recorded and recognized by the state.

It is important to note that a Florida notary may only perform a wedding ceremony within the state's legal boundaries and for couples with a valid Florida marriage license. These requirements are essential to ensure the legality and validity of the marriage.

The notary must complete the marriage certificate

Once the ceremony is complete, a Florida notary must complete the marriage certificate portion of the marriage license. This is the primary concern for the notary, who must certify that the couple has been joined in marriage by the notary according to the laws of the State of Florida. The certificate, which is completed and signed by the person performing the ceremony, reads: "I hereby certify that the above-named spouses were joined by me in marriage in accordance with the laws of the State of Florida."

The notary must legibly enter, in black ink, the date of marriage (in a "month, day, year" format), the city, town or locationsection where the marriage was performed, and the officiant's signature, mailing address, name, and title. There are lines for two witnesses to sign the certificate, but witnesses are not required by Florida law. If witnesses are present, they should sign in black ink. The notary who performs the ceremony should not sign as one of the witnesses.

The completed marriage record must be filed with the issuing office for there to be an official record of the marriage. The state law provides that the notary is responsible for mailing or delivering the license; the original license should not be given to the couple to return themselves. The notary should also record the act in their official journal or record book.

Although not required, it is customary for the notary to provide a commemorative marriage certificate. Such certificates can be purchased as part of a Notary Wedding Kit and can be presented with a gold foil seal for an elegant finish.

Frequently asked questions