It’s important to know that in order for a Notary Public to notarize your document, one of the
things that they must do is verify your identity. So, are you prepared? Do you have “valid identification”? And, if not, what does that mean if you need something notarized? While, luckily, in Florida, that does not always necessarily mean with physical evidence.
“Florida law requires a Notary to have personal knowledge or satisfactory evidence of the identity of every principal for whom a notarial act is performed…” [ASN, 2022, pg. 60]
So, let’s discuss “personal knowledge”… What does that mean to you? The Statute defines personal knowledge as “having an acquaintance, derived from association with the individual, which establishes the individual’s identity with at least a reasonable certainty.” [Fla. Stat. § 117.05(5)(a)]
As an example, let’s say yesterday I met you while I was visiting your neighbor, who also happens to be a friend of mine. Today you reach out to me and say, “Tim [the neighbor/friend] told me you were a Notary Public. Can you notarize a document for me?” Would this acquaintanceship be sufficient to meet the threshold of “personal knowledge” or would I need to see your physical identification?
The answer is that this acquaintanceship is insufficient to meet the threshold and I would need to see your identification. Now, if my co-worker who I have worked with for over three years asked me to notarize a document and told me her driver’s license was in the car and asked if I would notarize the document anyway, that would meet the threshold.
That said, if you, as my friend Tim’s neighbor, said, “Ivy, my wallet was stolen, I’m in the process of getting a new license but the DMV is closed and I really need this form signed today…can you please help me out?” There is something that I could do you (so, all is not lost)! Florida law allows a Notary Public to notarize a document based on the oath/affirmation of a “credible witness.” But the key words here are credible and oath/affirmation.
There are two scenarios where a Florida Notary Public is allowed to legally notarize your document using a credible witness:
You provide me with one person who knows you and who I also know (aka neighbor/friend Tim) to appear at the time of signing; or
If Tim doesn’t want to be in the middle, then you would need to bring two people, unknown to me, but that personally know you, who can provide me with valid identification.
However, it should be noted that they (Tim, too) would need to be willing to sign an affidavit, under oath/affirmation and under penalty of perjury that:
He/She/They personally know the signer;
That it is their “reasonable belief” that the signer does not have a valid form of identification;
That it is their “reasonable belief” that it would be difficult for the signer to obtain a valid form of identification; and
That they do not have a financial interest in the matter for which the document is being signed.
So, it is definitely not easy to get a document signed without a valid form of identification but not completely out of the realm of possibilities. That said, the best course, if possible, is to ensure that you have valid identification and be prepared to present it at the time of signing.
Below is a list of “valid” forms of identification permitted by Florida law. If it’s not on the list, then it’s not valid. If it’s expired, it’s not valid.
A Florida driver’s license
An out of state U.S. driver’s license
A U.S. passport
A foreign passport, provided that it has been stamped by the U.S. Bureau of Citizenship and Immigration Services
An identification card from any branch of the Armed Forces of the United States
A veteran health identification card from the office of Veteran’s Administration of the United States
If someone is in the custody of the Department of Corrections:
An inmate identification card issued on or after January 1, 1991; or
An affidavit from a law enforcement officer that an inmate’s identification has been confiscated and that the person/inmate is who they claim to be
A resident alien/permanent resident alien card from the U.S. Bureau of Citizenship and Immigration Services.
If you don’t have any of the above forms of identification, then I would ask that you give me (or whatever Notary Public you are using) a heads-up so that I can have the proper affidavit available for the witness(es) at the time of signing and make sure those credible witnesses are there during the signing!
If you have any questions, please do not hesitate to contact me:
Shannon “Ivy” Colón, Florida Notary Public
Certified Remote Online Notary
NNA Certified Notary Signing Agent (NNA background screened)
(561) 325- 8579
Please note that this blog is being provided for informational purposes only and should not be construed as legal advice. I am not a license attorney and cannot give legal advice. If you have legal questions, please contact a Florida licensed attorney (or an attorney licensed in your State). I can provide you with a referral for Florida attorney, if you need one.
1. American Society of Notaries (1991-2022). Florida Notary HANDBOOK.
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