When most people think of notary services, they usually think of acknowledgments, jurats, certified copies, loan signings, estate planning documents, or online notarization. However, Florida law also recognizes a more specialized notarial function involving safe-deposit boxes.

Although banks and financial institutions often have their own in-house notaries available to assist with this process, there are situations where an outside Florida notary public may be called to perform or assist with this service. This is not a routine notarization appointment. It is a statutory process connected to the opening, inventorying, sealing, and certification of the contents of a safe-deposit box under specific circumstances.

What Is a Safe-Deposit Box Inventory Service?

A safe-deposit box inventory service occurs when a financial institution opens a safe-deposit box under circumstances allowed by Florida law and a notary public is present to help document and certify the contents.

This service is not simply watching a box being opened. Under Florida law, the notary has a specific role. The notary public must be present when the box is opened, seal the contents in a package, write required identifying information on the outside of the package, and execute a certificate that lists the lessee’s name, the date of opening, and the contents of the box.

The statutory authority for this service is found in Fla. Stat. § 655.94, titled “Special remedies for nonpayment of rent.”

When Can This Service Be Needed?

This process generally applies when rent for a safe-deposit box has not been paid.

Under Fla. Stat. § 655.94(1), if rent due on a safe-deposit box has not been paid for 3 months, the financial institution, referred to in the statute as the “lessor,” may send notice by certified mail to the last known address of the lessee. The notice must state that the safe-deposit box will be opened and the contents stored at the lessee’s expense unless the rent is paid within 30 days.

If the rent is not paid within 30 days from the mailing of that notice, the statute allows the safe-deposit box to be opened in the presence of an officer of the lessor and a notary public.

This means the notary’s role arises after the financial institution has followed the required statutory notice process. The notary is not the party deciding whether the box may be opened. That responsibility belongs to the financial institution under the law and its internal procedures.

Why Is a Notary Public Involved?

The notary public serves an important integrity and documentation function.

When a safe-deposit box is opened for nonpayment, the contents may include sensitive, valuable, or personal property. The presence of a notary helps create an official record of what occurred and what was found inside the box.

Under Fla. Stat. § 655.94(1), the notary public must execute a certificate that recites:

The name of the lessee;

The date the safe-deposit box was opened; and

A list of the contents.

The certificate is then included in the sealed package, and a copy of the certificate must be sent by certified mail to the last known address of the lessee.

This process protects the financial institution by creating a documented inventory. It also protects the lessee by creating a written record of the contents removed from the box.

What Does the Notary Actually Do?

A Florida notary public called for this service may be responsible for several steps during the safe-deposit box opening and inventory process.

First, the notary must be present when the box is opened. Florida law requires the opening to occur in the presence of both an officer of the lessor and a notary public.

Second, the notary must seal the contents in a package. This is an important distinction. The notary is not merely observing the event; the statute specifically states that the contents shall be sealed in a package by the notary public.

Third, the notary must write the name of the lessee and the date of opening on the outside of the package.

Fourth, the notary must execute a certificate that includes the name of the lessee, the date of opening, and a list of the contents.

Finally, that certificate must be included in the package, and a copy must be sent by certified mail to the lessee’s last known address.

What Happens After the Box Is Opened?

After the contents are sealed and certified, the package is placed in the general vaults of the financial institution. Fla. Stat. § 655.94(1) also provides that the institution has a lien on the package and its contents for unpaid rent and the actual, reasonable costs of removing the contents from the safe-deposit box.

If the contents are not claimed within 1 year after the certificate is mailed, the statute allows the financial institution to send an additional notice to the lessee. That notice may state that unless the accumulated charges are paid within 30 days, the contents may be sold at public auction, securities may be sold on an exchange, and unsalable items may be destroyed, depending on the type of property involved.

Is This a Common Notary Service?

No. This is not one of the most common notary services requested by the general public.

Banks and financial institutions typically have procedures in place for safe-deposit box matters, and many may use their own employees or in-house notaries. However, a commissioned Florida notary public may still be called upon when an outside notary is needed, when staffing requires it, or when the institution’s procedure calls for an independent notary to be present.

Because this service involves inventorying property, sealing contents, and completing a certificate under a specific statute, it should be handled carefully and professionally.

Important Considerations for Notaries

A notary public performing this service should understand that this is not the same as a standard acknowledgment, oath, or copy certification. The notary is carrying out a statutory function under Fla. Stat. § 655.94.

The notary should confirm the request is coming from the financial institution or authorized representative, follow the institution’s procedures, carefully document the contents as required, and avoid providing legal advice about ownership, liens, unclaimed property, or the financial institution’s authority to open the box.

The notary’s role is limited to the statutory notarial duties required during the opening and inventory process. The financial institution is responsible for compliance with its notice requirements, account records, access rules, and storage procedures.

Final Thoughts

Safe-deposit box inventorying is a specialized Florida notary service that many notaries may never be asked to perform. Still, it is a recognized statutory duty that may arise when safe-deposit box rent remains unpaid and the financial institution follows the process provided under Fla. Stat. § 655.94.

For financial institutions, this service provides a documented inventory and certificate. For lessees, it creates a record of the contents removed and stored. For notaries, it is a reminder that Florida notarial work can extend beyond everyday signatures and certificates into more specialized statutory services.

If your institution needs assistance with a safe-deposit box opening and inventory certificate, a Florida notary public may be able to assist when the service is requested in accordance with Florida law and the institution’s procedures.

Disclaimer: This article is for general informational purposes only and is not legal advice. Financial institutions and lessees should consult legal counsel or their internal compliance department regarding safe-deposit box procedures and statutory requirements.

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