Does an Affidavit Have to Be Notarized in Florida?

An affidavit in Florida generally has to be notarized to function as sworn testimony, but Florida law gives you an alternative: under Florida Statute 92.525, you can sign an unsworn declaration under penalty of perjury and satisfy most “verified document” requirements without a notary at all.1Florida Senate. Florida Statutes 92.525 – Verification of Documents; Perjury by False Written Declaration, Penalty Which route you need depends on what the specific statute, court rule, or agency instruction says.

The Unsworn Declaration: Florida’s No-Notary Option

Whenever a Florida law, agency rule, or court order requires a document to be “verified,” Statute 92.525 lets you meet that requirement by signing an unsworn declaration instead of appearing before a notary.1Florida Senate. Florida Statutes 92.525 – Verification of Documents; Perjury by False Written Declaration, Penalty The statute defines “document” broadly to cover forms, applications, claims, tax returns, affidavits, pleadings, and essentially any writing.

To make the declaration valid, this exact language must appear printed or typed immediately below the body of the document and above your signature:

“Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true.”

If what you’re stating is based on information and belief rather than direct personal knowledge, you may add “to the best of my knowledge and belief” to that language.1Florida Senate. Florida Statutes 92.525 – Verification of Documents; Perjury by False Written Declaration, Penalty Sign, date, and the document has the same legal effect as a verified one.

When Notarization Is Still Required

The declaration covers a lot of ground, but not everything. Some Florida statutes specifically require notarization rather than mere verification, and in those situations Section 92.525 won’t help you.

  • A self-proving will under Florida Statute 732.503 requires witness affidavits signed before a notary with all parties present.
  • Documents recorded in county public records offices almost always require notarized signatures.
  • Certain official state forms and specific court rules mandate a traditional notarized affidavit.

The practical test: read the statute, rule, or instructions for whatever you’re filing. If the requirement says “verified” or “sworn,” the unsworn declaration will generally work. If it says “notarized” or requires a notary’s seal, you need the real thing.

What Notarization Actually Requires

If your document does need to be notarized, plan on doing three things: preparing the document in full, appearing in person, and proving who you are.

Bring the Document Unsigned

You must personally appear before the notary at the time of the notarization, and Florida does not allow exceptions, even if someone else watched you sign earlier.2Florida Department of State. Notarize a Signature Without the Person Being Present If you sign in advance and ask a notary to add their seal afterward, any competent notary will refuse.

Prove Your Identity

Florida notaries verify identity with a current government-issued photo ID (or one issued within the past five years). Acceptable forms include a Florida driver’s license or state ID, a U.S. passport, a foreign passport stamped by U.S. Citizenship and Immigration Services, a driver’s license from another U.S. state, territory, Canada, or Mexico, a U.S. military ID, a VA veteran health identification card, or a USCIS ID card.3The 2025 Florida Statutes. Florida Code 117.05 – Use of Notary Commission; Unlawful Use; Notary Fee; Seal; Duties; Employer Liability; Name Change; Advertising; Photocopies; Penalties If the notary personally knows you, they can identify you on that basis instead. Unlike some other states, Florida does not allow a “credible witness” to vouch for your identity as a substitute.4Florida Department of State. Question and Answer – Notary Education

Take the Oath and Sign

Once your identity is confirmed, the notary administers a verbal oath or affirmation, which you must answer aloud. You sign while the notary watches, and the notary completes the jurat with their signature, official seal, and the date. Florida law spells out the required jurat format, beginning “Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization…” and including the date, your name, and how your identity was confirmed.5Florida Senate. Florida Code 117.05 – Use of Notary Commission; Unlawful Use; Notary Fee; Seal; Duties; Employer Liability; Name Change; Advertising; Photocopies; Penalties

Who Can Do It, and What It Costs

You aren’t limited to notaries. Within Florida, a judge, clerk, or deputy clerk of any court of record (including federal courts), a U.S. commissioner, or a notary public can administer the oath and take the affidavit.6Florida Senate. Florida Code 92.50 – Oaths, Affidavits, and Acknowledgments; Who May Take or Administer; Requirements If you’re outside Florida, the same categories of officers in another state, territory, or U.S. district can do it under their own jurisdiction’s rules, and for affidavits executed abroad, U.S. consuls, ministers, and foreign notaries public are among those authorized.

A Florida notary can charge no more than $10 per notarial act for standard in-person notarization.7The 2025 Florida Statutes. Florida Code Chapter 117 – Notaries Public Banks, credit unions, and shipping stores commonly offer notary services, and some banks provide them free to account holders.

Remote Online Notarization

If getting to a notary in person is difficult, Florida allows notarizations to happen over a live video call through Remote Online Notarization (RON). The identity check is more involved: you present a government-issued ID on camera, the notary runs a credential analysis on it, and you go through identity proofing, typically knowledge-based authentication questions drawn from your personal records. If any step fails, the notary cannot proceed.8The 2025 Florida Statutes. Florida Code 117.265 – Online Notarization Procedures The entire audio-video session is recorded and stored as part of the notary’s electronic journal.9Florida Senate. Florida Code 117.245 – Electronic Journal of Online Notarizations

The notary performing the RON must hold a separate online notary registration with the Florida Department of State in addition to their standard notary commission.10Florida Department of State. Division of Corporations – Remote Online Notary Public Fee caps for RON differ from in-person notarization.

False Statements Carry the Same Consequences Either Way

The unsworn declaration is not a softer option. It skips the notary, not the consequences. Knowingly making a false statement in a Section 92.525 declaration is perjury by false written declaration, a third-degree felony in Florida.1Florida Senate. Florida Statutes 92.525 – Verification of Documents; Perjury by False Written Declaration, Penalty Lying in a traditional notarized affidavit is standard perjury, also a third-degree felony. Either offense carries up to five years in prison11The 2025 Florida Statutes. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences and a fine of up to $5,000.12Florida Senate. Florida Code 775.083 – Fines

So if your filing requires “verification,” the fastest path is usually the unsworn declaration with the statutory language above your signature. If it requires notarization, plan for an in-person appointment (or a RON session) with valid ID, an unsigned document, and a spoken oath.