Florida Statutes

Fla. Stat. § 92.50 (2025)

Oaths, affidavits, and acknowledgments; who may take or administer; requirements.

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92.50 Oaths, affidavits, and acknowledgments; who may take or administer; requirements.—

(1) IN THIS STATE.—Oaths, affidavits, and acknowledgments required or authorized under the laws of this state (except oaths to jurors and witnesses in court and such other oaths, affidavits, and acknowledgments as are required by law to be taken or administered by or before particular officers) may be taken or administered by or before any judge, clerk, or deputy clerk of any court of record within this state, including federal courts, or by or before any United States commissioner or any notary public within this state. The jurat, or certificate of proof or acknowledgment, shall be authenticated by the signature and official seal of such officer or person taking or administering the same; however, when taken or administered by or before any judge, clerk, or deputy clerk of a court of record, the seal of such court may be affixed as the seal of such officer or person. The jurat, or certificate of proof or acknowledgment, may also be authenticated by a judge by affixing his or her signature and printing his or her name, title, and court.

(2) IN OTHER STATES, TERRITORIES, AND DISTRICTS OF THE UNITED STATES.—Oaths, affidavits, and acknowledgments required or authorized under the laws of this state, may be taken or administered in any other state, territory, or district of the United States, by or before any judge, clerk or deputy clerk of any court of record, within such state, territory, or district, having a seal, or by or before any notary public or justice of the peace, having a seal, in such state, territory, or district; provided, however, such officer or person is authorized under the laws of such state, territory, or district to take or administer oaths, affidavits, and acknowledgments. The jurat, or certificate of proof or acknowledgment, shall be authenticated by the signature and official seal of such officer or person taking or administering the same; provided, however, when taken or administered by or before any judge, clerk, or deputy clerk of a court of record, the seal of such court may be affixed as the seal of such officer or person.

(3) IN FOREIGN COUNTRIES.—Oaths, affidavits, and acknowledgments, required or authorized by the laws of this state, may be taken or administered in any foreign country, by or before any judge or justice of a court of last resort, any notary public of such foreign country, any minister, consul general, charge d’affaires, or consul of the United States resident in such country. The jurat, or certificate of proof or acknowledgment, shall be authenticated by the signature and official seal of the officer or person taking or administering the same; provided, however, when taken or administered by or before any judge or justice of a court of last resort, the seal of such court may be affixed as the seal of such judge or justice.

History.—s. 1, ch. 48, 1845; RS 1299; GS 1730; RGS 2945; CGL 4669; s. 1, ch. 23156, 1945; s. 7, ch. 24337, 1947; s. 15, ch. 73-334; s. 3, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 19, ch. 2019-71; s. 4, ch. 2025-163.

Note.—Former s. 90.01.

Notes of Decisions

Cited in 33 cases, 1981–2020 · leading case: Crain v. State, 914 So. 2d 1015 (Fla. 5th DCA 2005).

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Crain v. State, 914 So. 2d 1015 (Fla. 5th DCA 2005). · cites it 7× “Section 92.50, Florida Statutes, also indicates that an affidavit must be sworn to before a person authorized to administer oaths.”

The Florida Bar v. Clement, 662 So. 2d 690 (Fla. 1995). · cites it 6× “As his fourth issue, Clement argues that the telephonic testimony of Tisseaux, a foreign witness who testified from Costa Rica, should have been excluded because the oath was not administered in accordance with section 92.50(3), Florida Statutes (1993).”

Moreno-Gonzalez v. State, 67 So. 3d 1020 (Fla. 2011). · cites it 5× “Instead, the “subscription” requirement is satisfied if the drafter swears under oath before a judge, or other officer authorized pursuant to section 92.50, to the truth of the information contained therein.”

The Florida Bar v. Centurion, 801 So. 2d 858 (Fla. 2000). · cites it 5× “Centurion next argues in Count V that the referee erred in making findings of fact based on Ortiz's testimony since she was not properly sworn as a witness in accordance with section 92.50, Florida Statutes. We find no merit in this argument.”

State v. Moreno-Gonzalez, 18 So. 3d 1180 (Fla. 3d DCA 2009). · cites it 6× “§ 92.50(1), Fla. Stat. (2007). Because section 92.”

Intego Software, LLC d/b/a Critical Alert v. Concept Dev., Inc., 198 So. 3d 887 (Fla. 1st DCA 2016). · cites it 2× “” See §§ 92.50 and 92.525, Fla. Stat. (setting forth how oaths and affidavits are made in Florida, in other states, and in foreign countries, and how documents are verified).”

Smartmays v. State, 901 So. 2d 278 (Fla. 5th DCA 2005). · cites it 2× “First he asserts that the affidavit alleging violation of probation was fundamentally defective because it was not sworn to before a person authorized to administer oaths under section 92.50, Florida Statutes. Second, the defendant argues that revocation of his probation based…”

State, Dep't of Revenue v. Hartsell, 189 So. 3d 363 (Fla. 1st DCA 2016). · cites it 2× “Hartsell’s -motion and amended motion were each signed, sworn, and notarized, thereby fulfilling the affidavit requirements of section 92.50(1), Florida Statutes (2014).”

Patrick Placide v. State of Florida, 189 So. 3d 810 (Fla. 4th DCA 2015). · cites it 2× “Section 92.50(1), Florida Statutes (2014), recognizes that an affidavit must be sworn to before a person authorized to administer oaths.”

Mills v. Barker, 664 So. 2d 1054 (Fla. 2d DCA 1995). · cites it 4× “This statute together with section 92.50(2), Florida Statutes (1993), furnish the authority for the admission of the modification agreement.”

Lima v. State, 732 So. 2d 1173 (Fla. 3d DCA 1999). · cites it 4× “First, he claims that the oath administered by the Deputy Clerk of the Circuit Court in Miami-Dade County was not valid because it did not satisfy the requirements of section 92.50(2), Florida Statutes (1997).”

Orbe v. Orbe, 651 So. 2d 1295 (Fla. 5th DCA 1995). · cites it 2× “Section 92.50(2), Florida Statutes (1993), provides that oaths, affidavits and acknowledgements taken in other states which are required under Florida law must be administered by an authorized person and be authenticated by the signature and seal of that person.”

Show all 33 citing cases →

— 92.50(1) — 10 cases

State v. Moreno-Gonzalez, 18 So. 3d 1180 (Fla. 3d DCA 2009). “§ 92.50(1), Fla. Stat. (2007). Because section 92.”

Crain v. State, 914 So. 2d 1015 (Fla. 5th DCA 2005). “Section 92.50, Florida Statutes, also indicates that an affidavit must be sworn to before a person authorized to administer oaths.”

Moreno-Gonzalez v. State, 67 So. 3d 1020 (Fla. 2011). “Instead, the “subscription” requirement is satisfied if the drafter swears under oath before a judge, or other officer authorized pursuant to section 92.50, to the truth of the information contained therein.”

State, Dep't of Revenue v. Hartsell, 189 So. 3d 363 (Fla. 1st DCA 2016). “Hartsell’s -motion and amended motion were each signed, sworn, and notarized, thereby fulfilling the affidavit requirements of section 92.50(1), Florida Statutes (2014).”

Patrick Placide v. State of Florida, 189 So. 3d 810 (Fla. 4th DCA 2015). “Section 92.50(1), Florida Statutes (2014), recognizes that an affidavit must be sworn to before a person authorized to administer oaths.”

— 92.50(2) — 3 cases

Mills v. Barker, 664 So. 2d 1054 (Fla. 2d DCA 1995). “This statute together with section 92.50(2), Florida Statutes (1993), furnish the authority for the admission of the modification agreement.”

Orbe v. Orbe, 651 So. 2d 1295 (Fla. 5th DCA 1995). “Section 92.50(2), Florida Statutes (1993), provides that oaths, affidavits and acknowledgements taken in other states which are required under Florida law must be administered by an authorized person and be authenticated by the signature and seal of that person.”

Lima v. State, 732 So. 2d 1173 (Fla. 3d DCA 1999). “First, he claims that the oath administered by the Deputy Clerk of the Circuit Court in Miami-Dade County was not valid because it did not satisfy the requirements of section 92.50(2), Florida Statutes (1997).”

— 92.50(3) — 6 cases

The Florida Bar v. Clement, 662 So. 2d 690 (Fla. 1995). “As his fourth issue, Clement argues that the telephonic testimony of Tisseaux, a foreign witness who testified from Costa Rica, should have been excluded because the oath was not administered in accordance with section 92.50(3), Florida Statutes (1993).”

The Florida Bar v. Centurion, 801 So. 2d 858 (Fla. 2000). “Centurion next argues in Count V that the referee erred in making findings of fact based on Ortiz's testimony since she was not properly sworn as a witness in accordance with section 92.50, Florida Statutes. We find no merit in this argument.”

Hamilton v. Alexander Proudfoot Co., 576 So. 2d 1339 (Fla. 4th DCA 1991).

L.M. v. Adoption of J.A.M.L., 23 So. 3d 837 (Fla. 3d DCA 2009).

— 92.50(a) — 1 case

E-Z Serve Convenience Stores, Inc. v. Paul, 720 So. 2d 301 (Fla. 1st DCA 1998).

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