Notary Wedding Officiation: Is It Legal In Florida?

Florida is one of only three states that allow public notaries to officiate a wedding. The other two states are South Carolina and Maine. In Florida, a notary public is authorised to perform a marriage ceremony as long as the couple first obtains a marriage license from a Florida official, and the ceremony takes place within the state's geographical boundaries. The notary must also be commissioned by the state of Florida at the time of the ceremony. The marriage ceremony can be of any form, as long as there is a verbal consent to be joined in wedlock, the vows reflect the couple's intentions to make a legally binding commitment, and the notary pronounces the couple married at the conclusion.

Marriage license requirements

To obtain a marriage license in Florida, you must apply in person at your local county clerk's office. Both parties must be present and meet the following requirements:

• Provide identification: This can include a driver's license, passport, or social security number. Non-US citizens may provide an alien registration number or other forms of identification.
• Be at least 18 years old: Applicants who are 17 must have parental consent from both parents, unless one parent has sole custody and can provide the necessary documentation.
• Complete a premarital preparation course: This is a four-hour course that can reduce the cost of the marriage license and waive the three-day waiting period after issuance.
• Pay the license fee: The standard fee is $86-$94, but it can be reduced to $61 if both parties are Florida residents and have completed a premarital course.
• Provide proof of divorce, death, or annulment: If either applicant has been previously married, this information must be presented, along with the state and county where the divorce took place.
• No blood tests are required.

The marriage license will be issued on the same day as the application if all requirements are met. The license is valid for 60 days from the date of issuance and can be used to get married in any county in Florida. The ceremony must be performed within this 60-day window. The license must then be returned to the issuing office within 10 days of the ceremony.

The notary must be commissioned

Florida is one of only three states that allow public notaries to officiate a wedding. The other two are South Carolina and Maine. However, for a notary public to be able to perform a wedding ceremony in Florida, they must be commissioned by the state. This is a crucial requirement, as the ceremony would be deemed unofficial if it is found that the notary was not commissioned when the ceremony took place.

To be commissioned as a notary in Florida, one must be a resident of the state and be at least 18 years old. They must also not have been convicted of a felony or any other crime related to dishonesty, unless they have received a full pardon. The notary must also be able to read and write the English language and must not be legally blind.

Once commissioned, the notary public can perform a marriage ceremony, as long as the couple first obtains a marriage license from a Florida official. The marriage license must be valid and signed by both individuals. The notary must also ensure that the ceremony is performed within the geographical boundaries of Florida.

It is important to note that the notary must also complete the marriage certificate portion of the marriage license and return it to the issuing office within ten days of the ceremony. This step is crucial in ensuring that there is an official record of the marriage.

In summary, for a notary public to officiate a wedding in Florida, they must be duly commissioned by the state. This requirement is essential to ensure the legality and validity of the marriage ceremony.

Ceremony location

Florida is one of only three states that allow public notaries to officiate a wedding. The other two states are South Carolina and Maine. A Florida notary public can perform a marriage ceremony as long as the couple first obtains a marriage license from a Florida official and the ceremony is performed within the geographical boundaries of Florida.

A Florida notary public can only perform a marriage ceremony within the legal boundaries of the state of Florida. This generally includes 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.

Florida marriage licenses are valid statewide. For example, a couple can obtain their license in Hillsborough County and have the marriage solemnized in Pinellas County. However, after the ceremony, the license must be returned to the county where it was issued, regardless of where in Florida the ceremony took place.

Before the ceremony, the couple must obtain a marriage license from their local county clerk's office. The cost of a marriage license varies depending on the county but is usually around $94. A Florida marriage license is valid for 60 days after issuance, and the marriage must take place during this window. There is a three-day waiting period after the issuance of the license unless the couple has completed a premarital preparation course.

The marriage ceremony can be of any form, as long as there is a verbal consent to be joined in wedlock, the vows reflect the couple's intentions to make a legally binding commitment to each other, and the Florida notary pronounces the couple married at the end.

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

Consent and willingness

Before the ceremony, it is a good idea to check the identification of both parties, especially if you don't know them personally. This ensures that you are marrying the right individuals and that they meet the age requirements. You should also ensure that both parties are physically present at the ceremony, as another person cannot stand in for either individual.

During the ceremony, each person should express their willingness to get married. The ceremony can be of any form, but there must be a verbal consent to be joined in wedlock, and the vows should reflect the couple's intentions to make a legally binding commitment to each other.

If, at any point, you notice that either party appears to be under the influence of drugs or alcohol or seems unwilling, you may decide to postpone or cancel the ceremony. It is important to remember that getting married cannot be done in jest or as a spontaneous gesture. It is a serious and solemn commitment that must be entered into willingly by both parties.

After the ceremony, the couple will sign the marriage certificate, along with any witnesses, and you will need to witness the signing as the officiant. This is a legal document that certifies the marriage and must be completed accurately and truthfully. By signing the certificate, you are certifying that the couple has been joined in marriage by you, according to the laws of the State of Florida.

Certificate of marriage

Florida is one of only three states that allow public notaries to officiate a wedding. The other two states are Maine and South Carolina. In Florida, a notary public can perform a marriage ceremony for individuals with a valid marriage license.

Obtaining a Marriage License

To obtain a marriage license in Florida, couples must go to their local county clerk's office and provide identification (such as a driver's license, passport, or social security card) and pay a fee. The cost of a marriage license varies depending on the county but is usually around $94. A Florida marriage license is valid for 60 days after issuance, and the marriage must take place within this window. There is also a three-day waiting period after the issuance of the license, unless the couple has completed a premarital preparation course.

The Marriage Ceremony

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

The Certificate of Marriage

Once the ceremony is complete, the notary must complete the "Certificate of Marriage" portion of the marriage license and return it to the official who issued it within ten days of the marriage. This certificate is the primary concern for the notary. 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 the date of marriage, the city or town where the marriage was performed, and their signature, mailing address, name, and title. There is space for two witnesses to sign the certificate, but witnesses are not required by Florida law. The notary who performs the ceremony should not sign as one of the witnesses.

Until the completed marriage record is filed with the issuing office, there is no official record of the marriage. 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.

Frequently asked questions