THE MCCABE MINUTE

Forms of Acceptable Identification

Florida Statute 117.05(5)(b)

The Florida notary public may rely on any of the following ten forms of identification if the identification has been issued within the past five years and bears a serial or other identifying number, or is current (whichever is longer):
passport

  1. A Florida identification card or driver license issued by the public agency authorized to issue driver licenses
  2. A passport issued by the Department of State
  3. A passport issued by a foreign government if the document is stamped by the United States Immigration and Naturalization Service
  4. A driver license or an identification card issued by a public agency authorized to issue driver licenses in a state other than Florida or in a territory of the United States, or Canada or Mexico
  5. An identification card issued by any branch of the armed forces of the United States
  6. A veteran health identification card issued by the United States Department of Veterans Affairs
  7. An inmate identification card issued on or after January 1, 1991, by the Florida Department of Corrections for an inmate who is in the custody of the department
  8. An inmate identification card issued by the United States Department of Justice, Bureau of Prisons, for an inmate who is in the custody of the department
  9. A sworn, written statement from a sworn law enforcement officer that the forms of identification for an inmate in an institution of confinement were confiscated upon confinement and that the person named in the document is the person whose signature is to be notarized
  10. An identification card issued by the United States Immigration and Naturalization Service

Note: In the case of a remote online notarization, the online notary public shall comply with the identification requirements set forth in part II of Chapter 117.

Are there any other acceptable forms of identification?

Florida Statute 117.05(5)

Florida notaries public may notarize a signature on a document if they personally know the signer. The term “personally knows” means having an acquaintance, derived from association with the individual, which establishes the individual’s identity with at least a reasonable certainty. Be cautious when considering the use of this form of identification.

In the event that your signer does not own acceptable identification and you do not have personal knowledge of their identity, the state authorizes an alternative called credible witness identification, using either a Single Credible Witness Affidavit or a Double Credible Witness Affidavit two alternatives; that is, using one of two sworn written statements of “credible witnesses.” First, the notary should put the credible witness(es) under oath and execute the correct affidavit, either the Single Credible Witness Affidavit or the Double Credible Witness Affidavit, depending on the following circumstances:

  • One credible witness is required when that person is known to both the signer and the notary
  • Two credible witnesses are required when neither one is known by the notary, but whose identities are proven to the notary public upon the presentation of satisfactory evidence

Credible witnesses are swearing that each of following is true:

  1. That the person who signature is to be notarized is the person named in the document
  2. That the person whose signature is to be notarized is personally known to the witnesses
  3. That it is the reasonable belief of the witnesses that the circumstances of the person whose signature is to be notarized are such that it would be very difficult or impossible for that person to obtain another acceptable form of identification
  4. That it is the reasonable belief of the witnesses that the person whose signature is to be notarized does not possess any of the forms of identification specified above
  5. That the witnesses do not have a financial interest in nor are parties to the underlying transaction

First complete the credible witness affidavit. Only then should you turn your attention to the document the signer wishes to be notarized and its notarial certificate. In order to protect yourself, make note on the original notarial certificate that this was the form of identification used, and enter these transactions in your journal (recordbook). You can read about the importance of keeping a journal in “The Notary Checklist” another “Minute.”

Single and Double Credible Witness Affidavits and 18 other Florida Notarial Certificates are available on CD from our Notary Supplies.