Can a Florida Notary Accept an Expired ID?

As a Florida notary, one of the most common questions we receive is whether an expired ID can be accepted for notarial acts. This is an important topic because ensuring the identity of the signer is a core responsibility of a notary public. Let’s explore Florida’s guidelines to provide a clear answer.

The General Rule: Current, Valid Identification is Required

Under Florida law, notaries must identify signers using satisfactory evidence. According to Florida Statutes §117.05(5), acceptable forms of identification must be current or issued within the last five years. Common acceptable IDs include:

• State-issued driver’s licenses or ID cards

• U.S. passports or foreign passports (if stamped by the U.S. Immigration and Naturalization Service)

• U.S. military IDs

These documents must contain the signer’s photograph, signature, and pertinent information like the ID number and expiration date.

What If the ID is Expired?

If the ID is expired, Florida law generally prohibits its use for identification purposes unless it was issued within the past five years. For instance:

• An ID that expired three years ago would still be acceptable.

• An ID that expired six years ago would not.

This five-year grace period ensures that the document’s information remains reasonably reliable.

Alternative Methods to Verify Identity

If the signer does not have an acceptable ID, there are other ways to proceed. Florida notaries may rely on the sworn word of credible witnesses. These witnesses must:

1. Personally know the signer.

2. Present their own valid, acceptable ID.

3. Take an oath affirming the signer’s identity.

This method can be particularly useful when dealing with elderly clients or those who may not have updated their identification.

Best Practices for Florida Notaries

To protect yourself and your clients, always follow these best practices:

1. Inspect IDs Carefully: Verify that the document is within the acceptable issuance period and includes all required elements.

2. Document Your Actions: Record details of the ID or credible witnesses in your notary journal, even if Florida does not mandate journal keeping.

3. Educate Your Clients: Let them know beforehand what forms of identification will be required to avoid delays.

Conclusion

In Florida, notaries can only accept expired IDs if they were issued within the past five years. When in doubt, alternative methods like using credible witnesses are available to ensure the integrity of the notarial process.

At Pho3nix Solutions, we are committed to making notarization smooth and stress-free. If you have further questions or need assistance, don’t hesitate to reach out to us in the Tampa and St. Petersburg area. Your peace of mind is our priority!