Can a Florida notary use a credible witness?

Short answer

Yes. Florida permits identification through the oath of a credible witness when the signer cannot produce acceptable identification.

Full explanation

The credible witness swears to the signer's identity under oath administered by the notary, and the witness must satisfy Florida's requirements as to how the witness themselves is known or identified.

Florida rules

Section 117.05(5)(b), Florida Statutes, provides for identification based upon the oath of a credible witness, and sets out how that witness must be known to the notary or identified.

Common mistake to avoid

A witness who benefits from the document is not disinterested. Read the statute before relying on a witness supplied by the family.

Sources & References

  • Chapter 117, Florida Statutes — Notaries Public — Florida Legislature official source

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