A Notary Cannot Perform Marriages in Florida

No. A notary public in Florida cannot legally perform a marriage ceremony, even if they are also ordained or have other credentials. Florida law limits notaries to witnessing signatures, administering oaths, and certifying documents. Marriage ceremonies require an officiant with a specific license—either a judge, clerk of court, or someone ordained by a religious organization and registered with the state.

This is a common misunderstanding because notaries are trusted officials who can certify important documents. But the power to marry is separate and narrower. If you are planning a wedding in Florida and want a specific person to perform the ceremony, that person must meet Florida's requirements for marriage officiants, regardless of whether they hold a notary commission.

Key Takeaways

  • Florida notaries have no legal authority to perform marriages under any circumstances.
  • Only judges, clerks of court, and registered religious officiants can legally marry couples in Florida.
  • A person can be both a notary and an ordained minister, but they must use their ministerial credentials to marry, not their notary status.
  • If a notary performs a marriage ceremony without proper officiant credentials, the marriage is not legally valid in Florida.

Who Can Legally Perform Marriages in Florida

Florida recognizes three categories of people who can perform marriages. The first is any judge or clerk of the circuit court. These officials can marry couples without additional paperwork or registration. The second is a member of the clergy—a person ordained, licensed, or authorized by a religious organization. That person must register with the Florida Department of State before performing any marriages. The third is a notary public who is also ordained, but only if they register as a religious officiant with the state.

Registration for religious officiants is straightforward. The ordained person fills out a form, provides proof of ordination from their religious organization, and submits it to the Florida Department of State. Once registered, they can perform marriages. The notary commission itself plays no role in this process—it is the religious ordination that matters.

What Happens If a Notary Performs a Marriage Without Authority

If someone who is only a notary (and not a registered religious officiant or judge) performs a marriage ceremony, the marriage is not legally valid in Florida. This creates serious problems. The couple may believe they are married when they are not. If they later need to divorce, adopt children, file taxes jointly, or claim spousal benefits, they will discover the marriage was never legal.

The couple can still marry legally by having an authorized officiant perform a new ceremony. There is no penalty for the couple themselves, but the notary who performed the invalid ceremony could face professional consequences, including loss of their notary commission and potential legal liability.

How to Register as a Religious Officiant in Florida

If you are ordained and want to perform marriages in Florida, you must register with the Florida Department of State, Division of Corporations. You will need to submit Form DH 680, which asks for your name, address, the name of your religious organization, and proof that you are authorized to perform marriages by that organization.

Proof of authorization typically means a letter from your religious organization on official letterhead, stating that you are ordained, licensed, or otherwise authorized to perform marriages. Once the form is processed and approved, you are registered and can perform marriages anywhere in Florida. There is no fee for this registration, and it does not require a notary commission.

If you already hold a notary commission and are ordained, you can register as a religious officiant without affecting your notary status. The two credentials are separate, and you can hold both.

The Difference Between a Notary and a Marriage Officiant

A notary's job is to verify that a person signing a document is who they claim to be, and to witness the signature. A marriage officiant's job is to solemnize a marriage—to conduct the ceremony and sign the marriage license. These are completely different legal functions, and Florida does not combine them.

Some people assume that because notaries are authorized to administer oaths, they must also be able to perform marriages. This is not how Florida law works. The power to administer an oath (asking someone to swear to tell the truth) is much narrower than the power to perform a legal ceremony that creates a binding contract between two people.

Getting a Marriage License in Florida

Before any ceremony can take place, the couple must obtain a marriage license from the county clerk in the county where they plan to marry. Florida does not require a waiting period or blood tests. The couple applies together, shows identification and proof of age, and pays a fee (usually between $60 and $120, depending on the county). The license is valid for 60 days.

Once the ceremony is performed by an authorized officiant, that officiant signs the license and returns it to the clerk. The clerk then issues a marriage certificate. Without a valid license and a properly authorized officiant, the marriage is not recorded and is not legal.

What to Do If You Need an Officiant

If you are planning a wedding in Florida and need someone to perform the ceremony, contact the clerk of the circuit court in your county. They can provide a list of registered religious officiants in your area, or they can tell you how to hire a judge or clerk to perform the ceremony. Many judges and clerks perform marriages for a fee, usually between $50 and $200.

If you want a specific person to marry you—a friend, family member, or spiritual leader—ask them whether they are registered as a religious officiant. If they are not, they can register before your wedding date. If they are ordained by a religious organization but not yet registered, the registration process is quick and free. Do not assume that a notary commission gives someone the power to marry, even if they are also ordained.

Frequently Asked Questions

Can a notary who is also a minister marry someone in Florida?

Only if they are registered with the Florida Department of State as a religious officiant. The notary commission itself does not give them authority to marry. They must register their ministerial credentials separately with the state before performing any ceremonies.

What if we already had a ceremony performed by a notary?

If the person who performed the ceremony was only a notary and not a registered religious officiant or judge, the marriage is not legally valid. You will need to have a new ceremony performed by an authorized officiant and obtain a valid marriage license from the county clerk to make the marriage legal.

Do I need a judge to marry me, or can anyone registered as a religious officiant do it?

Either works. A judge, clerk of court, or registered religious officiant can all legally perform marriages in Florida. You can choose whoever you prefer. Many couples choose a religious officiant from their faith, while others hire a judge or clerk for a secular ceremony.

How long does it take to register as a religious officiant in Florida?

Registration is usually processed within a few days to a week, though it can vary by county. If you are planning a wedding, register as soon as possible to avoid delays. Contact the Florida Department of State, Division of Corporations, for the current processing time.

Can a notary sign a marriage license if they are not the officiant?

No. Only the person who performed the ceremony can sign the marriage license. A notary's signature on a marriage license has no legal effect. The officiant who conducted the ceremony must be the one to sign.