The "Simple Form" Trap: Why Having a Notary Draft Your Agreement Is a Felony
- Olivia Sterling
- Jul 6
- 4 min read
In Orlando — whether you’re signing a quick agreement in Lake Nona, closing paperwork near the Orange County Courthouse, or meeting in Winter Park — it’s easy to think a notary can just "type up a quick contract." Under current 2026 regulations and Florida law (F.S. § 454.23), that assumption can expose both the notary and the client to serious criminal penalties. This post explains what notaries can and cannot do and how to stay on the right side of the law.
💡 Key Takeaways
Under current Florida law (F.S. § 454.23), the unlicensed practice of law (UPL) is a third-degree felony.
Florida notaries are not attorneys and may not give legal advice or draft/select legal documents.
A notary may identify a signer and complete a notarial certificate, but drafting or selecting contracts, deeds, or powers of attorney may constitute UPL.
For real estate recording questions (fees, indexing, copies) contact the Orange County Comptroller – Official Records; for Clerk hours and service notices see MyOrangeClerk.
If you need a document created or reviewed, have an attorney draft or review it and then hire a mobile or remote online notary to witness signature execution.
Why this matters in Orlando
Imagine you meet a friend at a coffee shop in Lake Nona and they ask you, "Can you type up a short agreement so we can sign it now?" A notary who agrees to draft or select that document may be stepping into the unlicensed practice of law (UPL). Under current Florida law (F.S. § 454.23), UPL can be prosecuted as a third-degree felony. That’s not a civil warning — it’s a criminal penalty that can carry severe consequences.
📄 What F.S. § 454.23 means
The statute makes it illegal for anyone who is not a licensed Florida attorney to: practice law, hold themselves out as able to practice law, or use titles implying they are qualified to practice law.
"Third-degree felony" means this is a criminal offense under Florida law (see the statute for the exact penalty provisions). In plain terms: drafting legal documents or giving legal advice when you are not licensed can lead to criminal charges.
What a Florida notary CAN do (safe, routine tasks)
✅ Positively identify the signer (check ID and confirm identity).
✅ Administer oaths and take acknowledgments.
✅ Complete the notarial certificate on a document the signer brings.
✅ Perform remote online notarizations consistent with state rules.
A notary’s role is to witness and verify signatures — not to create the legal content of the document.
What a Florida notary CANNOT do (UPL risks)
❌ Draft, modify, or select legal documents for a client (contracts, deeds, powers of attorney, etc.).
❌ Explain or interpret the legal effect of specific clauses for a client in a way that amounts to legal advice.
❌ Charge a client for legal advice or hold out as an attorney.
Florida law also requires a specific consumer disclosure in ads that are not in English: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." This underscores the boundary between notarization and legal practice.
Practical examples you might encounter in Orlando
Client: "Can you draft a short partnership agreement so we can sign today?"
Correct response: "I can notarize signatures, but I cannot draft or advise on legal terms. You should consult an attorney to draft or review that agreement. I can notarize it once it’s prepared."
Client: "I need a power of attorney to record a deed at the county office. Can you prepare it?"
Correct response: "I can notarize your power of attorney, but I can't prepare it for you. For recording requirements and fees, you can check the Orange County Comptroller – Official Records."
Local filing and recording logistics in Orange County
Recording and official records in Orange County are handled by the Orange County Comptroller — see the Official Records/Recording Fees page for details on recording fees, per-page charges, and indexing rules. Fees can change, so always confirm current rates before submitting documents for recording.
The Orange County Clerk of Courts (MyOrangeClerk) provides hours, service notices, and operational details — useful if a client confuses "Clerk" functions with the Comptroller’s Official Records.
How to stay compliant and serve clients well
✔️ If a client needs a document drafted or legal advice, refer them to a licensed Florida attorney. The Florida Bar enforces UPL and can investigate complaints.
✔️ Limit your notarial role to identity verification and completing the notarial certificate on documents the signer brings.
✔️ Keep written scripts or referral language handy for situations where clients ask you to draft or advise; this helps avoid misunderstandings.
✔️ If you work with real estate documents that must be recorded, direct clients to the Orange County Comptroller for recording rules and to MyOrangeClerk for clerk-related procedures.
Quick checklist for Orlando notaries
Ask: "Who prepared this document? Was it drafted by an attorney?"
Verify: Check ID and confirm signer identity.
Do NOT: Rewrite, fill in legal terms, or explain legal consequences.
Refer: Provide a list of local attorneys or suggest contacting the Florida Bar if the client needs legal advice.
⭐ For clients: always have an attorney draft or review contracts, deeds, and powers of attorney. Once the document is prepared, hire a notary to officially witness the signing.
Protect your assets and stay on the right side of the law. Under current Florida law (F.S. § 454.23), preparing or advising on legal documents when you are not a licensed attorney can be prosecuted as a third-degree felony. Always have an attorney draft or review contracts, deeds, and powers of attorney. When it’s time to sign, contact us for Orlando Mobile or Remote Online Notary services — we’ll properly identify signers, complete the notarial certificate, and help you navigate local recording pointers for Orange County. Reach out today to schedule a mobile or remote online notarization in Lake Nona, Winter Park, near the Orange County Courthouse, or anywhere in Orlando.
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