Category: Criminal Offenses · Statute: F.S. 117.105 · Source: Florida Legislature
Understanding Notary Fraud in Florida
Under Florida Statute Section 117.105, notary fraud occurs when a commissioned notary public knowingly violates the laws governing their official duties with the intent to deceive or defraud. This offense most frequently arises when a notary falsely attests that a signer was physically present when they were not, notarizes a signature they know is forged, or backdates a notarial certificate. While notary fraud is a standalone third-degree felony, it rarely occurs in a vacuum; it is typically the mechanism used to facilitate broader criminal schemes, such as identity theft, grand theft, or elder financial exploitation.
What distinguishes notary fraud from a simple administrative error is the element of intent. Florida prosecutors must prove that the notary acted knowingly and with a fraudulent purpose. When the fraudulent notarization is used to transfer title to real property, such as in "deed theft" schemes, the state often files additional charges under Florida's white-collar crime and communications fraud statutes. Because notary publics are public officers appointed by the Governor, a conviction under Section 117.105 also results in the immediate and permanent revocation of the notary's commission.
How Notary Fraud Impacts Bail and Pretrial Release
Because notary fraud is a non-violent third-degree felony, defendants without a significant criminal history are typically eligible for a standard monetary bond under local county bond schedules. However, if the notary fraud was part of a larger, organized scheme to defraud involving high-value real estate or multiple victims, the state may request a Nebbia hearing. In these cases, the defendant must prove that the funds used to secure their release and pay the bail bond premium did not originate from the illicit transactions facilitated by the alleged fraud.