🔹 Why Do Signing Agencies Only Pay for One Witness?
- Contractual Expectation: Many agencies assume the notary will act as one witness, and that the second can be a spouse, neighbor, or borrower-provided — so they don’t budget for more than one.
- Low-Bid Environment: Agencies may keep costs down by bundling the notary fee to include one witness (you) and ask you to bring a second without separate compensation — unless you negotiate it up front.
- Lack of Standardization: Florida notary law does not mandate payment for witnesses; it governs notarial acts. So, unless the notary sets their terms for additional services (like providing a second witness), agencies may not voluntarily offer extra pay.
🔹 What You Can Do
✅ Clarify Terms Before Accepting: Always ask: “Will I be compensated for providing a second witness?”
✅ Set a Witness Fee Policy: In your confirmation email or invoice, specify: “Additional witness provided by notary will incur a $XX fee.”
✅ Document Your Value: Explain to clients that recruiting, coordinating, and verifying a second witness involves time and liability.
🔒 When a Notary Cannot or Should Not Act as a Witness:
1. Conflict of Interest
A notary must be impartial and must not notarize documents where they have a financial or beneficial interest.
🔹 So, a notary cannot act as a witness if:
- They are named in the document (except just as the notary).
- They have a financial interest or stand to benefit from the transaction.
✅ Example: If you’re notarizing a deed transferring property to yourself or a relative you benefit from, you cannot act as a notary or witness.
2. If the Document Requires Two Witnesses and the Notary is Not Physically Present for the Signing
Florida requires actual presence. If you didn’t personally observe the document being signed, you can’t act as a witness.
3. When Employer Policy or Contract Prohibits It
Some institutions (especially financial ones) or signing services may have internal rules stating that:
- The notary must only notarize and not also act as a witness.
- Or may require two independent witnesses in addition to the notary.
4. If the Notary is a Party to a Legal Dispute or Anticipated Legal Challenge
Even if not prohibited by law, acting as both notary and witness in a high-risk legal document may open you up to being subpoenaed or disqualified due to perceived bias or conflict.
5. If the Document Requires Two Witnesses and the Notary Has Already Acted as the Only One
Florida allows the notary to be one of the two witnesses. But if two witnesses are required, the notary cannot be both witnesses or the only witness. Below is a cheat sheet for your office:
