Florida Notary Practice Exam

Is a government agency liable for notarial acts performed by the employee-notary beyond their work responsibilities?

1. Yes

2. No

3. Only if they assist their supervisor

4. Only if they charge fees

The correct answer is: No

A government agency is typically not liable for notarial acts performed by an employee-notary outside of their official duties. This means that if an employee performs a notarization that is not part of their work responsibilities, the agency does not assume responsibility for any potential issues arising from that act. The employee is acting in a personal capacity, rather than as a representative of the agency, and therefore any consequences of that notarization fall on the employee themselves. This principle upholds the notion that there should be a clear distinction between duties performed in an official capacity and those conducted in a personal capacity. If the notarization is performed in a context unrelated to the employee's job, the government agency cannot be held accountable for that action. This helps safeguard the agency from liability and encourages employees to adhere strictly to their professional obligations while on the job.