Florida Notary Law: What is "Satisfactory Evidence of Identity"?
- Pedro Bone
- 6 days ago
- 4 min read
You've got an important document in your hand—a contract, a deed, or an affidavit—and you're ready to make it official. You head to a notary public, but then comes the question: "Can I see your ID?" For a moment, you might feel a flicker of uncertainty. Is my driver's license okay? What if it just expired? It's a common scenario that can add stress to an already important task. In Florida, a notary public has a legal duty to verify the identity of the person signing a document. This isn't just a suggestion; it's the law. The legal term for this is establishing "satisfactory evidence of identity." But what does that actually mean? Understanding these rules can be the difference between a smooth, quick process and a frustrating delay. This guide will break down exactly what you need to bring to your next notary appointment in Orlando to ensure everything goes off without a hitch.
💡 Key Takeaways
Identity Verification is Required: Florida law mandates that notaries confirm a signer's identity using "satisfactory evidence" to prevent fraud.
Two Main Methods: Identity can be proven with either an acceptable government-issued photo ID or through the sworn testimony of credible witnesses.
ID Requirements: An acceptable photo ID must be current or issued within the last five years, be government-issued, and contain a serial number, your photo, and your signature.
Credible Witness Rules: If you lack a valid ID, you can use one witness who is personally known to the notary, or two witnesses whose own identities are verified by the notary with proper ID.
Notary's Discretion: A notary can refuse service if they are not confident in the identity of the signer, even if an ID is presented.
Why Proving Your Identity is a Crucial Step
Before we dive into the specifics, it’s important to understand why a notary must verify your identity. The entire purpose of notarization is to prevent fraud. By confirming you are who you say you are, the notary protects all parties involved in the transaction, ensuring the integrity and legal standing of the document being signed. This verification is not just a formality; it's a legal requirement mandated by the state of Florida.
The Primary Method: Acceptable Photo Identification
For most people, providing a valid photo ID is the quickest and easiest way to prove their identity. However, not just any card with your picture on it will do. According to Florida Statute 117.05, an acceptable ID must be a government-issued document that is either current or was issued within the last five years. It must also contain a serial number, a signature, and a photograph of the bearer.
Here is a list of commonly accepted forms of identification in Florida:
🪪Florida driver's license or identification card issued by the Department of Highway Safety and Motor Vehicles.
🪪 Driver's license or ID card issued by another U.S. state.
🪪 U.S. passport or a U.S. passport card.
🪪 Foreign passport, if it has been stamped by the U.S. Bureau of Citizenship and Immigration Services.
🪪 U.S. military identification card.
🪪Veteran health identification card issued by the U.S. Department of Veterans Affairs.
🪪 Driver's license issued by Canada or Mexico.
🪪 Inmate identification card issued by the Florida Department of Corrections (if the signer is currently in custody).
❗Important Note: Documents like a Social Security card, birth certificate, school ID, or a credit card with a photo are not considered acceptable forms of identification for notary purposes in Florida.
No ID? No Problem. The Credible Witness Alternative
What happens if your ID has been lost, stolen, or has expired by more than five years? Life happens, and Florida law has a provision for this exact situation through the use of credible witnesses. This is a person (or persons) who can vouch for your identity under oath.
There are two ways this can be done:
1. One Credible Witness: This is an option if you can bring a witness who is personally known to the notary. This witness must take a sworn oath or affirmation in the notary's presence, stating that you are the person you claim to be. The key here is the pre-existing relationship between the witness and the notary.
2. Two Credible Witnesses: If you don't know anyone who is also personally known by the notary, you can use two credible witnesses. Here’s how it works:
The two witnesses must appear with you before the notary.
The notary must verify the identity of the two witnesses using one of the acceptable photo IDs listed above.
The witnesses must then take a sworn oath or affirmation stating that:
You are the person named in the document.
They personally know you.
They reasonably believe it would be very difficult or impossible for you to obtain another form of valid ID.
The Notary's Final Say on Identity
Ultimately, a Florida notary has the right to refuse to notarize a document if they are not satisfied with the evidence of identity presented. According to the Governor's Reference Manual for Notaries, this is defined as "the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person whose signature is to be notarized is not the person he or she claims to be." This discretion is a vital part of their role in preventing fraud.
Navigating the notarization process doesn't have to be complicated. By understanding Florida's requirements for "satisfactory evidence of identity" ahead of time, you can ensure your visit to the notary is smooth, efficient, and stress-free. Whether you have a valid photo ID or need to use credible witnesses, being prepared is the key to a successful notarization.
Don't let an ID issue delay your important transaction. Before you head out, double-check that your identification meets Florida's standards. If you have any questions or want to confirm your documents are in order, give our friendly Orlando notary team a call. We're here to help!
We hope this guide was helpful! What are your thoughts or experiences with the notary process? Share them in the comments below!
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