Introduction
This article takes a deep dive into identification methods – and the statutes and rules governing them – for notarizations in Florida – both traditional and online notarization. When signing/completing legal documents that require notarizations, notaries public play a crucial role in verifying the identity of individuals (known as principals) typically signing those documents either swearing or affirming the veracity of facts stated therein or acknowledging that the document was signed for the purposes and consideration stated therein. Every notarization involves identifying and assessing the person appearing before the notary either in person or via video conferencing technology. In this article we focus on identification and documentation of identification. In Florida, the rules for identifying principals differ somewhat between traditional (in-person) notaries and online notaries, but both are governed by strict statutes to maintain security, integrity and prevent fraud.
Many of the readers of this article will already have taken their required notary training and perhaps even a required online notary training course and received commissions as notaries and online notaries. That’s a good starting point. As the public officials who are the gatekeepers of the integrity of notarized documents filed in courts, agencies and county records it’s necessary for you to know and implement governing laws and rules correctly and completely. As I write this article I am consulting current Florida statutes and administrative rules and most importantly Florida Statutes, Title X Public Officers, Employees and Records, Chapter 117 Notaries Public, Part I General Provisions, Part II Online Notarizations. Some of the best advice concerning the law: “always read the statute”. So, don’t take anyone’s word for it – learn from materials and commentary provided for educational purposes, like this article is intended to do, but verify with your personal copy of the current version of applicable statutes and rules.
Florida Notarial Certificate – What Does the Statute Provide?
If you are learning a statute and you come across a “form” it’s a good idea to pay close attention to the form and use the form if applicable. Part I of Chapter 117 of the Florida Statutes provides forms of “notarial certificates” in the usual “general” cases for affidavits and acknowledgements and some special cases. In the forms you will notice that a selection (check box) will be made reflecting the “type” on notarization either by “physical presence” or “online notarization”. Also note the last part of the form relates to the “method” of identification used by the notary either “Personally Known” OR “Produced Identification”, and in the event of the latter, the “Type of Identification Produced”.
The “general” case certificate forms are found at Section 117.05(13) which provides:
“(13) The following notarial certificates are sufficient for the purposes indicated, if completed with the information required by this chapter. The specification of forms under this subsection does not preclude the use of other forms.
(a) For an oath or affirmation:
STATE OF FLORIDA
COUNTY OF
Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this day of , (year) , by (name of person making statement) .
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced
(b) For an acknowledgment in an individual capacity:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of , (year) , by (name of person acknowledging) .
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced
(c) For an acknowledgment in a representative capacity:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of , (year) , by (name of person) as (type of authority, . . . e.g. officer, trustee, attorney in fact) for (name of party on behalf of whom instrument was executed) .
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced”
Identification Methods for Traditional Notaries
Traditional notaries in Florida perform in-person notarizations, and their identification requirements are outlined in Part I of Chapter 117 of the Florida Statutes. Specifically, Section 117.05(5) details the ways a notary can satisfactorily identify a principal before performing a notarial act and this portion of the statute is set forth as follows:
“(5) A notary public may not notarize a signature on a document unless he or she personally knows, or has satisfactory evidence, that the person whose signature is to be notarized is the individual who is described in and who is executing the instrument. A notary public shall certify in the certificate of acknowledgment or jurat the type of identification, either based on personal knowledge or other form of identification, upon which the notary public is relying. In the case of an online notarization, the online notary public shall comply with the requirements set forth in part II of this chapter.
(a) For purposes of this subsection, 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.
(b) For the purposes of this subsection, the term “satisfactory evidence” means 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 and any one of the following:
1. The sworn written statement of one credible witness personally known to the notary public or the sworn written statement of two credible witnesses whose identities are proven to the notary public upon the presentation of satisfactory evidence that each of the following is true:
a. That the person whose signature is to be notarized is the person named in the document;
b. That the person whose signature is to be notarized is personally known to the witnesses;
c. 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;
d. That it is the reasonable belief of the witnesses that the person whose signature is to be notarized does not possess any of the identification documents specified in subparagraph 2.; and
e. That the witnesses do not have a financial interest in nor are parties to the underlying transaction; or
2. Reasonable reliance on the presentation to the notary public of any one of the following forms of identification, if the document is current or has been issued within the past 5 years and bears a serial or other identifying number:
a. A Florida identification card or driver license issued by the public agency authorized to issue driver licenses;
b. A passport issued by the Department of State of the United States;
c. A passport issued by a foreign government if the document is stamped by the United States Bureau of Citizenship and Immigration Services;
d. 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;
e. An identification card issued by any branch of the armed forces of the United States;
f. A veteran health identification card issued by the United States Department of Veterans Affairs;
g. 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;
h. 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;
i. 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; or
j. An identification card issued by the United States Bureau of Citizenship and Immigration Services.”
To summarize there are three (3) basic identification methods set forth in the statute:
- Personal Knowledge: The notary may rely on personal knowledge of the principal’s identity. This means the notary has interacted with the individual enough to be reasonably certain of who they are, without needing additional evidence.
- Satisfactory Evidence from a Credible Witness: If the notary doesn’t personally know the principal, they can use a sworn or affirmed written statement from a credible witness who is personally known to the notary and who personally knows the principal. The credible witness must provide this statement under oath, confirming the principal’s identity.
- Government-Issued Identification Documents: The notary can accept certain forms of identification authorized by the statute that meet specific criteria.
These methods ensure that the notary can confidently verify the principal’s identity, aligning with the notary’s duty to prevent fraud. Notaries must exercise reasonable care in this process, as failure to do so could lead to penalties under Section 117.107, which prohibits acts like knowingly notarizing a document with false identification.
Identification Methods for Online Notaries (Remote Online Notarization or RON)
Online notarizations, introduced in Part II of Chapter 117, allow for remote processes using audio-video technology. These are subject to more technology-driven standards to compensate for the lack of physical presence. Section 117.265 specifies the identification methods for online notaries, emphasizing secure digital verification:
“(4) An online notary public shall confirm the identity of the principal by:
(a) Personal knowledge of each principal; or
(b) All of the following, as such criteria may be modified or supplemented in rules adopted by the Department of State pursuant to s. 117.295:
1. Remote presentation of a government-issued identification credential by each principal.
2. Credential analysis of each government-issued identification credential.
3. Identity proofing of each principal in the form of knowledge-based authentication or another method of identity proofing that conforms to the standards of this chapter.
If the online notary public is unable to satisfy subparagraphs 1.-3., or if the databases consulted for identity proofing do not contain sufficient information to permit authentication, the online notary public may not perform the online notarization.”
The online notarization credential analysis and identity proofing requirements are summarized:
- The principal remotely presents a government-issued identification credential (such as those listed for traditional notaries, like a driver license or passport).
- The credential undergoes credential analysis, which uses automated software or hardware to verify its authenticity. This process analyzes visual, physical, or cryptographic security features to detect fraud or modifications, drawing from issuing or authoritative sources.
- Following this, identity proofing is required, typically through knowledge-based authentication. Under Section 117.295(3)(a), this must include:
- Presenting the principal with five or more questions (each with at least five answer choices) drawn from public and proprietary data sources linked to the principal’s social security number, identity, or historical records.
- A 2-minute time limit for responses.
- At least 80% correct answers required, with one additional attempt allowed if the first fails (no more than three questions repeated).
- The audio-video communication technology must provide clear audio and video to allow the notary to communicate and confirm identities securely, without unauthorized interception.
These methods leverage technology to maintain the same level of assurance as in-person notarizations, with added layers like electronic journals and recordings retained under the notary’s control (Section 117.245).
Conclusion
In conclusion, Florida’s statutes and rules provide robust, clear guidelines for principal identification, balancing accessibility with security. By following these methods, notaries help safeguard legal transactions in both physical and digital realms. If you’re involved in notarizations, always consult the full text of Chapter 117 and related rules for the latest details. Stay informed, and notarize responsibly!
For additional information on Florida online notarization please visit us at Notary.io.
