Notaries in Florida Cannot Perform Marriages
No. A notary public in Florida cannot legally marry two people, even if both parties ask them to and sign documents agreeing to it. Notaries are authorized to witness signatures, administer oaths, and certify copies of documents — but solemnizing a marriage is not one of those powers. If a notary performs a marriage ceremony in Florida, that marriage is not valid under state law.
Florida law is clear on who can marry people: only judges, justices of the peace, and clergy members authorized by their religious organization have that power. A notary who performs a marriage ceremony could face complaints to the Florida Secretary of State, which oversees notary licensing, and may lose their commission.
This rule applies even if the notary is also a member of the clergy. The notary's authority as a notary and their authority as a religious official are separate. If a clergy member wants to marry someone, they use their religious credentials, not their notary commission.
Key Takeaways
- Only judges, justices of the peace, and authorized clergy can perform marriages in Florida — notaries have no legal power to do so.
- A marriage performed by a notary is not valid in Florida, even if both people consent and sign documents.
- Judges and justices of the peace can marry people at the courthouse or in other locations, often with minimal notice.
- Religious clergy members can marry people according to their faith's rules, regardless of whether they hold a notary commission.
- A notary who performs a marriage ceremony may face disciplinary action from the Florida Secretary of State.
Who Can Actually Marry People in Florida
Florida recognizes three categories of people with the power to solemnize marriages. The first is any judge or justice of the peace in the state. These officials can perform marriages at the courthouse or, in many cases, at a location the couple chooses. You do not need to be a resident of Florida or have a long waiting period — you can often get married the same day you explore for a license if you pay the fee and meet the basic requirements (age, no existing marriage, no close family relationship).
The second category is clergy members ordained or authorized by their religious organization. This includes priests, ministers, rabbis, imams, and other religious officials recognized by their faith. They do not need a notary commission to marry people, and they do not need to register with the state. Their authority comes from their religious organization, not from Florida law.
The third category is people who have been granted authority by a specific religious organization and have registered that authority with the state. Some faiths have formal processes for this; others do not require registration. If you are unsure whether a particular religious official can marry people in Florida, ask them directly or contact your county clerk's office.
How to Get Married at the Courthouse
The fastest and most straightforward route for most people is a courthouse marriage performed by a judge or justice of the peace. You and your partner will need to go to your county courthouse together with a valid form of identification (driver's license, passport, or state ID). You will fill out a marriage license process, pay the fee (which varies by county but is typically between $85 and $120), and wait for any required waiting period — Florida has no statewide waiting period, though some counties may have local rules.
Once the license is issued, you can have the ceremony the same day or within the validity period of the license (usually 60 days). The judge or justice of the peace will perform a brief ceremony, usually taking 10 to 15 minutes. You do not need witnesses, though some couples bring family or friends. The official will sign the license, and you will receive a certified copy for your records.
If you want a religious ceremony instead, you can contact a clergy member from your faith. They will have their own process and may require pre-marital counseling, a waiting period, or other steps depending on the religion and the specific congregation. You will still need to obtain a Florida marriage license from the courthouse before or after the religious ceremony — the license and the ceremony are separate steps.
What Notaries Can and Cannot Do
A notary public in Florida can witness your signature on a document, administer an oath or affirmation, certify that a copy of a document is a true copy of the original, and perform a few other specific tasks defined by state law. What they cannot do is perform any function that requires judicial or religious authority. Marriage solemnization falls into that category.
Some people confuse notarization with legal authority. A notary's job is to verify that a person signing a document is who they say they are and that they are signing of their own free will. That is very different from having the power to create a legal relationship between two people, which is what marriage is.
If you need a notary to witness your signature on a prenuptial agreement, a power of attorney, or any other document related to your marriage, that is a legitimate use of a notary's services. But the notary is not marrying you — they are straightforward verifying that you signed the document.
Why Florida Has These Rules
States regulate who can perform marriages because marriage creates legal rights and obligations: property ownership, inheritance, tax status, medical decision-making authority, and more. Allowing anyone to perform marriages would create confusion about which marriages are valid and which are not. By limiting the power to perform marriages to judges, justices of the peace, and authorized clergy, Florida ensures that every marriage performed in the state is clearly valid and recognized by courts and government agencies.
The distinction between notaries and marriage officials also protects consumers. A notary's job is narrow and specific, and notaries are bonded and regulated to prevent fraud in document signing. If notaries could also perform marriages, the rules governing them would have to be much broader and more complex, and the potential for abuse would increase.
What Happens If a Notary Performs a Marriage Anyway
If a notary performs a marriage ceremony in Florida, the marriage is not valid. This means that if one of the people later claims they were never actually married, a court will agree. The couple would not have the legal rights of married people — they could not file joint tax returns, could not inherit from each other under Florida's intestacy laws, and could not make medical decisions for each other based on spousal authority.
The notary themselves could face discipline from the Florida Secretary of State, which oversees notary commissions. This could include a warning, a fine, or revocation of the notary commission. In rare cases, a notary who knowingly performs marriages might face criminal charges, though this is uncommon.
If you have already had a ceremony performed by a notary and you believe you are married, you should consult an attorney to understand your actual legal status. You may need to obtain a valid marriage license and have a ceremony performed by someone with legal authority to do so in order to be recognized as married under Florida law.
Frequently Asked Questions
Can a notary marry me if they are also a minister?
Yes, but only in their capacity as a minister, not as a notary. If a clergy member performs a marriage ceremony, they are using their religious authority, not their notary commission. The marriage is valid because they are authorized clergy, not because they are a notary. The two roles are separate under Florida law.
What if both people agree to be married by a notary?
Consent does not change the law. Even if both people want a notary to marry them and both sign documents saying so, the marriage is not valid in Florida. Only a judge, justice of the peace, or authorized clergy member can perform a valid marriage ceremony.
Can I get married at the courthouse on the same day I explore for a license?
Yes. Florida has no statewide waiting period for marriage licenses. Once you explore and pay the fee, you can have the ceremony the same day if a judge or justice of the peace is available. Some counties may have local rules, so call your county clerk's office to confirm the process in your area.
Do I need witnesses for a courthouse marriage in Florida?
No. Florida does not require witnesses for a marriage ceremony performed by a judge or justice of the peace. You can bring family or friends if you want, but they are not legally necessary.
What if I was married by a notary years ago and did not know it was invalid?
You should speak with an attorney about your situation. Depending on how long ago the ceremony was and what documents you have, you may be able to formalize your marriage by obtaining a valid license and having a ceremony performed by someone with legal authority. In some cases, courts may recognize a marriage as valid based on the couple's conduct and belief that they were married, but this varies and requires legal information.