Monday, January 18, 2010

How to describe ID in notarial certificates

Florida law requires that notaries specify in their certificate or jurat the type of identification produced to the notary which the notary relied upon to identify the signer of a document. If the signer is personally known to the notary, the notary need not ask for identification; they simply have to state in their certificate that the signer is personally known. However, most of the time the notary will not be personally acquainted with the signer and will need to see some form of identification. The types of identification which a notary may accept are listed in my previous article on "procedures for all notarial acts".

Most of the time, the identification presented is either a Florida driver license or a Florida ID card. What is the best way to describe the type of identification in the notarial certificate?

The statutes do not address the issue. Many notaries simply put "driver license" or "passport", with no other identifying information. Even more notaries simply put "D/L", to abbreviate "driver license". The governor's office advises against this. Although many notary "signing agents" will tell you that the driver license or identification card number should not be stated in the notarial certificate, the governor's office recommends that you include the state who issued the card and the card number, i.e. the certificate would state "...who produced FL Driver License #K123-456-78-900-0 as identification". This provides proof that the signer did personally appear before the notary and that the notary did inspect the identification.

When stating the full driver license number in the certificate, this poses a question about identity theft, particularly when the document is one that will be recorded in official records (such as a deed or a mortgage). If you keep a journal, which is recommended, you should always record the driver license or ID card number in your journal. Since journals are not public record and constitute private notarial papers, which are confidential under Florida law, there is no fear that the driver license numbers recorded in the journal may be misused. Recording the number in your journal eliminates the need to record the information on the notarized document itself. However, sensitive documents such as wills or powers of attorney, which are frequently contested by family members of the decedent or principal, should always have the ID card number stated in the actual certificate.

The bottom line is, you are never "in the wrong" by putting the driver license number in the certificate, because it is specifically recommended by the governor's office. It comes down to personal preference on the notary's part.

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