Posted by FlaNotary2 on 1/6/11 2:13pm
Msg #367352

O/T - For those in Florida trying to renew their D/Ls

As most on here know, I am a family law paralegal, and lately, with the enforcement of the Real ID Act in Florida and many other states, I have been getting a lot of calls about the following issue:

"My birth certificate from (1925) has the wrong name on it and the DMV won't accept it to renew my driver license, even though my current DL has the correct name and I've used that name on everything else, including my social security card".

They tend to call us up because they want to initate formal name change proceedings.

Having changed my name when I was 16, I consider myself an expert on name changes in Florida. And with the name change filing fee being set at $400+, it is not worth it to correct clerical errors on a birth certificate.

So, what to do? HERE IS YOUR ANSWER ...... get a passport!

The passport office will use the name on your current driver license. The name on your driver license will be the one used on your passport.

For example... John David Doe has been known as John David Doe his whole life. His D/L and social security card both say John David Doe. But, his birth certificate says David Jonathan Doe. Using these three items, Mr. Doe can apply for, and receive, a passport in the name of John David Doe. The passport office relies on the birth certificate to prove date and place of birth but does not rely upon it for names. That is why married women do not need to produce their marriage certificate when applying for a passport.... the passport office will accept the birth certificate as proof of DOB and POB, and will use the *Driver License* and *Social Security Card* as proof of identity and name.

AND ... once you have a passport, as long as you keep it current, it can be used in place of a birth certificate for virtually all circumstances, including getting your Florida driver license.

As an alternative, many people do not know about this one, but most states have procedures for correcting a birth certificate. If you can provide substantial documentation to prove your correct name, the state can usually amend your original birth record for a nominal fee. The type of documentation that will be accepted varies by the state, but usually includes childhood medical records, school records, military records, social security records, etc.

If you do not have any sort of birth certificate, there is hope!

It is possible to obtain a "delayed birth certificate" from your local court or the court in the county where you were born. Again, this procedure varies state to state. In Florida, you can either petition a court to grant a delayed birth certificate (for a $400 filing fee!), or the Vital Statistics bureau can do it "administratively". Either way, you must first apply for a copy of your birth certificate from the state, and obtain their certified statement that no record was found.

With this "not found" statement, you can also apply for a passport if you have other corroborating documentation, such as baptism records, etc.

People tend to get very frustrated with the situation because they don't understand what to do and feels that no one will listen to their individual circumstances. I know that the foregoing is not notary related but I strongly recommend you pass this information on to whoever is going through these issues.