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Florida Statute 92.525 | Lawyer Caselaw & Research
F.S. 92.525 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS
View Entire Chapter
F.S. 92.525
92.525 Verification of documents; perjury by false written declaration, penalty.
(1) If authorized or required by law, by rule of an administrative agency, or by rule or order of court that a document be verified by a person, the verification may be accomplished in the following manner:
(a) Under oath or affirmation taken or administered before an officer authorized under s. 92.50 to administer oaths;
(b) Under oath or affirmation taken or administered by an officer authorized under s. 117.10 to administer oaths; or
(c) By the signing of the written declaration prescribed in subsection (2).
(2) A written declaration means the following statement: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief” may be added. The written declaration shall be printed or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration.
(3) A person who knowingly makes a false declaration under subsection (2) is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) As used in this section:
(a) The term “administrative agency” means any department or agency of the state or any county, municipality, special district, or other political subdivision.
(b) The term “document” means any writing including, without limitation, any form, application, claim, notice, tax return, inventory, affidavit, pleading, or paper.
(c) The requirement that a document be verified means that the document must be signed or executed by a person and that the person must state under oath or affirm that the facts or matters stated or recited in the document are true, or words of that import or effect.
History.s. 12, ch. 86-201; s. 1, ch. 2015-23.

F.S. 92.525 on Google Scholar

F.S. 92.525 on Casetext

Amendments to 92.525


Arrestable Offenses / Crimes under Fla. Stat. 92.525
Level: Degree
Misdemeanor/Felony: First/Second/Third

S92.525 3 - PERJURY - WITNESS MAKE FALSE WRITTEN DECLARATION - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

C. TORRENS, v. SHAW,, 257 So. 3d 168 (Fla. App. Ct. 2018)

. . . and the signature of the candidate, which must be verified under oath or affirmation pursuant to s. 92.525 . . .

IN RE AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE- FORM A, 235 So. 3d 800 (Fla. 2018)

. . . be notarized and instead require the parties to execute a “written declaration” pursuant to section 92.525 . . .

RBS CITIZENS N. A. v. S. REYNOLDS a k a A., 231 So. 3d 591 (Fla. Dist. Ct. App. 2017)

. . . . § 92.525, Fla. . . .

T- QUIP OF FLORIDA, INC. v. C. TIETIG, 207 So.3d 958 (Fla. Dist. Ct. App. 2016)

. . . final summary judgment, and in support of the motion, filed a sworn declaration pursuant to section 92.525 . . .

WILSON, Sr. v. STATE, 202 So. 3d 135 (Fla. Dist. Ct. App. 2016)

. . . Additionally, each affiant included the following attestation tracking the language of section 92.525 . . . Additionally, section 92.525 provides as follows: (1) If authorized or required by law, by rule of an . . . The affidavits at issue here each contained an attestation tracking the language of section 92.525(2) . . . Additionally, the Florida Supreme Court has held that “the unnotarized oath from subsection 92.525(2) . . . 1 (Fla. 2d DCA 2011) (“The Florida Supreme Court has determined that the oath set forth in section 92.525 . . .

WRIGHT, v. CITY OF MIAMI GARDENS,, 200 So. 3d 765 (Fla. 2016)

. . . and the signature of the candidate, which must be verified under oath or affirmation pursuant to s. 92.525 . . . its face, including whether items that must be verified have been properly verified pursuant to s. 92.525 . . . its face, including whether items that must be verified have been properly verified pursuant to s. 92.525 . . .

A. D. A. M. J. L. v. D. M. F., 204 So.3d 523 (Fla. Dist. Ct. App. 2016)

. . . We understand that a person who knowingly makes a false declaration pursuant to s. 92.525(2) or 382.026 . . .

INTEGO SOFTWARE, LLC d b a v. CONCEPT DEVELOPMENT, INC., 198 So. 3d 887 (Fla. Dist. Ct. App. 2016)

. . . See §§ 92.50 and 92.525, Fla. Stat. . . .

MATTHEWS v. U. S. BANK, NATIONAL ASSOCIATION, N. A. LXS, 197 So. 3d 1140 (Fla. Dist. Ct. App. 2016)

. . . sworn before a notary public and did not qualify as an unnotarized, .written declaration under section 92.525 . . .

DAVIDIAN v. JP MORGAN CHASE BANK, FDIC FA,, 178 So. 3d 45 (Fla. Dist. Ct. App. 2015)

. . . F.S. 92.525.” The Davidians moved to quash the summons and to quash service of process. . . .

PLACIDE, v. STATE, 189 So. 3d 810 (Fla. Dist. Ct. App. 2015)

. . . This statement would be insufficient to constitute a signed, written declaration under section 92.525 . . . Among other things, a written declaration must state that it is made “[u]nder penalties of- perjury.” § 92.525 . . .

FLORES, v. SANCHEZ,, 137 So. 3d 1104 (Fla. Dist. Ct. App. 2014)

. . . paternity that is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525 . . .

In AMENDMENTS TO FLORIDA SMALL CLAIMS RULES, 123 So. 3d 41 (Fla. 2013)

. . . Pursuant to section 92.525, Florida Statutes, under penalties of perjury, I declare that I have read . . . Pursuant to section 92.525, Florida Statutes, under penalties of perjury, I declare that I have read . . .

J. CAMPBELL, v. STATE, 115 So. 3d 434 (Fla. Dist. Ct. App. 2013)

. . . hereby state under penalty of perjury the foregoing is based upon true facts, [sic] oath pursuant to 92.525 . . .

DEUTSCHE BANK NATIONAL TRUST COMPANY, v. PREVRATIL, 120 So. 3d 573 (Fla. Dist. Ct. App. 2013)

. . . Florida Rule of Civil Procedure 1.110(b) and section 92.525, Florida Statutes (2011), govern verification . . . Section 92.525 provides, in pertinent part, as follows: (1) When it is authorized or required by law, . . .

VAN WEELDE, v. VAN WEELDE,, 110 So. 3d 918 (Fla. Dist. Ct. App. 2013)

. . . paternity that is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525 . . . paternity that is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525 . . .

BAC HOME LOAN SERVICING, L. P. f k a L. P. v. R. STENTZ a k a R. L. N. A., 91 So. 3d 235 (Fla. Dist. Ct. App. 2012)

. . . The trial court determined that BAC did not properly verify its complaint in accordance with section 92.525 . . . the best of my knowledge and belief’ did not sufficiently verify the complaint pursuant to section 92.525 . . . provides for a verification based on knowledge and belief, the generally applicable declaration in section 92.525 . . .

BECKER, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, INDX s, 88 So. 3d 361 (Fla. Dist. Ct. App. 2012)

. . . Pelt, 84 So.3d 369 (Fla. 2d DCA 2012) (holding trial court erred in relying on section 92.525(2), Fla . . .

TRUCAP GRANTOR TRUST v. W. PELT A. No. PNC N. A., 84 So. 3d 369 (Fla. Dist. Ct. App. 2012)

. . . The court stated that pursuant to section 92.525(2), Florida Statutes (2010), the amended complaint must . . . Section 92.525, upon which the trial court relied, provides that when a document must be verified, the . . . I declare that I have read the foregoing [document] and that the facts stated in it are true[.]” § 92.525 . . . Section 92.525(2) provides an exception “when a verification on information or belief is permitted by . . . Section 92.525(4)(b) defines “document” to include any “pleading[ ] or paper.” See also Muss v. . . .

UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA, v. WARFEL,, 82 So. 3d 47 (Fla. 2012)

. . . , which is witnessed by two individuals and signed under penalty of perjury as specified by section 92.525 . . .

HYDEN, v. STATE, 117 So. 3d 1 (Fla. Dist. Ct. App. 2011)

. . . Section 92.525(1), Florida Statutes (2009), provides that any document that must be verified by a person . . . In this case, Hyden used the oath set forth in section 92.525(2) to verify his motion to dismiss and . . . The Florida Supreme Court has determined that the oath set forth in section 92.525(2) is sufficient to . . . Since Shearer, several courts have determined that the oath in section 92.525(2) is sufficient to meet . . . We note that this court has suggested that, under Shearer, the oath in section 92.525(2) is available . . .

MORENO- GONZALEZ, v. STATE, 67 So. 3d 1020 (Fla. 2011)

. . . The district court noted that section 92.525, Florida Statutes (2007), provides, in relevant part: (1 . . . See id. at 1185 (quoting § 92.525(4)(b)). . . . Id. § 92.525(4)(c) (emphasis supplied). . . . See id. § 92.525(4)(b). . . . Under section 92.525, an affidavit need not be formally signed to comply with the Florida Statutes. . . .

ENZYME ENVIRONMENTAL SOLUTIONS, INC. v. D. ELIAS,, 60 So. 3d 1158 (Fla. Dist. Ct. App. 2011)

. . . The three defendants filed Declarations pursuant to section 92.525, Florida Statutes (2009). . . .

A. QUARLES, v. STATE, 56 So. 3d 857 (Fla. Dist. Ct. App. 2011)

. . . The complaint was under oath pursuant to section 92.525, Florida Statutes. . . .

MOHORN, v. THOMAS, 30 So. 3d 710 (Fla. Dist. Ct. App. 2010)

. . . paternity, which is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525 . . .

W. DOE, III v. SUNTRUST BANK, W. Jr. W. Jr. a a, 32 So. 3d 133 (Fla. Dist. Ct. App. 2010)

. . . court may, upon request of a party providing a sworn statement or written declaration as provided by s. 92.525 . . .

L. M. A. L. v. In ADOPTION OF J. A. M. L., 23 So. 3d 837 (Fla. Dist. Ct. App. 2009)

. . . Defense Control: Declarations are sanctioned by the federal statute and by Florida statute section 92.525 . . .

STATE v. MORENO- GONZALEZ,, 18 So. 3d 1180 (Fla. Dist. Ct. App. 2009)

. . . supported by affidavit,” this requirement may also be satisfied by oath or affirmation under section 92.525 . . . affirmation taken or administered before an officer authorized under s. 92.50 to administer oaths § 92.525 . . . limitation, any form, application, claim, notice, tax return, inventory, affidavit, pleading, or paper.” § 92.525 . . . Because section 92.525 provides that any document, which expressly includes an affidavit, requiring verification . . .

D. S. In a v. J. L., 18 So. 3d 1103 (Fla. Dist. Ct. App. 2009)

. . . However, section 92.525, Florida Statutes (2008), sets forth the proper manner for verifying a pleading . . . affidavit requires an oath, Swartz, 816 So.2d at 622, and a verified response does not, see section 92.525 . . .

DEFENSE CONTROL USA, INC. v. ATLANTIS CONSULTANTS LIMITED CORP., 4 So. 3d 694 (Fla. Dist. Ct. App. 2009)

. . . Declarations are sanctioned by the federal statute and by Florida statute section 92.525(2), requiring . . .

J. S. L. CONSTRUCTION COMPANY, a L. v. LEVY, 994 So. 2d 394 (Fla. Dist. Ct. App. 2008)

. . . This is an oath authorized by section 92.525 of the Florida Statutes. See § 92.525(1), (2), Fla. . . . declared to be based on facts represented as being true, is an unnotarized oath authorized by section 92.525 . . . concluding that for purposes of defendant’s 3.850 motion, “[i]n addition to a notarized oath ... section 92.525 . . .

SMITH, v. STATE, 990 So. 2d 1162 (Fla. Dist. Ct. App. 2008)

. . . Pursuant to Section 92.525, Florida Statutes, I state under the penalties of perjury that I have read . . .

S. BROWNING, v. YOUNG,, 993 So. 2d 64 (Fla. Dist. Ct. App. 2008)

. . . Section 92.525, Florida Statutes provides that a document may be verified in two different ways: (1) . . . The full text of the form for the latter method of verification is set out in section 92.525(2). . . .

WOODS, v. STATE, 963 So. 2d 348 (Fla. Dist. Ct. App. 2007)

. . . See § 92.525(2), Fla. Stat. . . .

JIMENEZ, v. RATINE a k a d b a By El, d b a By El,, 954 So. 2d 706 (Fla. Dist. Ct. App. 2007)

. . . The amended motion to disqualify clearly contains a written declaration pursuant to section 92.525, Florida . . . Section 92.525 provides an appropriate method to verify a document, i.e., to sign the document stating . . . See § 92.525(3)(c). . . .

M. BERNAL, v. ALL AMERICAN INVESTMENT REALTY, INC. LTDS LTDAS, 479 F. Supp. 2d 1291 (S.D. Fla. 2007)

. . . . § 92.525. . While these messages were offensive and inflammatory. . . .

GREEN, v. STATE, 941 So. 2d 1250 (Fla. Dist. Ct. App. 2006)

. . . Shearer, 628 So.2d 1102 (Fla.1993) and section 92.525, Florida Statutes, which sets forth the form to . . .

RUTHERFORD, v. STATE, 939 So. 2d 328 (Fla. Dist. Ct. App. 2006)

. . . Section 92.525(3), Florida Statutes, states in relevant part: “A person who knowingly makes a false declaration . . . is guilty of the crime of perjury by false written declaration, a felony of the third degree.... ” § 92.525 . . .

D. SMITH, v. STATE, 917 So. 2d 409 (Fla. Dist. Ct. App. 2006)

. . . . § 92.525, Fla. Stat. (2004). . . .

CRAIN, v. STATE, 914 So. 2d 1015 (Fla. Dist. Ct. App. 2005)

. . . In my view, section 92.525 says nothing about how a statutory requirement of an affidavit may be met. . . . Section 92.525, on the other hand, deals with the verification of documents. . . . Section 92.525(4)(c) explains what is meant by “the requirement that a document be verified.” . . . if, by the terms of 92.525 itself, the declaration in 92.525(2) already always satisfies the affidavit . . . There can be no doubt that section 92.525 is a statute of general application. . . . Section 92.525 states in pertinent part as follows: (1) When it is ... required by law ..., or by rule . . . This is because section 92.525(4)(c) defines the “requirement” of “verification]” as including three . . . Accord Goines (applying section 92.525 to section 948.06); see also Shearer (Rule 8.987 form of oath . . . Because a section 92.525 declaration is made under penalty of perjury, its use in this manner does not . . . Moreover, the clear import of Shearer is that section, 92.525 applies to rules of criminal procedure . . . arrest affidavit to secure a warrant for violation of probation is valid if it is verified under section 92.525 . . . must be sworn to before a person authorized to administer oaths and that verification under section 92.525 . . . We held in Jackson that section 92.525 does not apply to an affidavit to secure an arrest warrant. . . . .” § 92.525(1), Fla. Stat. (2003). . . . . § 92.525(4)(c), Fla. Stat. (2003); Mieles v. . . .

GOLDEN, v. STATE, 913 So. 2d 744 (Fla. Dist. Ct. App. 2005)

. . . See section 92.525(2), which authorizes verification in certain instances. . See U.S. . . .

E. MIRANDA, v. STATE, 909 So. 2d 997 (Fla. Dist. Ct. App. 2005)

. . . sworn to before a person authorized to administer oaths, nor was it verified as set forth in section 92.525 . . .

LEWIS, v. STATE, 908 So. 2d 1173 (Fla. Dist. Ct. App. 2005)

. . . The Petitioner’s un-notarized oath loosely follows the model declaration set forth in section 92.525, . . .

RUIZ, v. STATE, 908 So. 2d 508 (Fla. Dist. Ct. App. 2005)

. . . “affidavit” is a statement made under oath before an authorized official such as a notary, section 92.525 . . . the facts or matters stated or recited in the document are true, or words of that import or effect. § 92.525 . . . 593 (Fla. 1st DCA 1997); see Shearer (rule 3.987 form of oath requiring notary satisfied by section 92.525 . . . Padilla, 629 So.2d 180 (Fla. 3d DCA 1993) (finding that section 92.525 “verified” document satisfied . . .

MARTINEZ, v. ABRAHAM CHEVROLET- TAMPA, INC., 891 So. 2d 579 (Fla. Dist. Ct. App. 2004)

. . . Section 92.525, Florida Statutes (2001), which explains the requirements for verification of documents . . . Section 92.525(1) states that verification “may” be accomplished in the statutory manner. . . . Rather, section 92.525(4)(c) explains that “[t]he requirement that a document be verified means that . . . complete,” was sufficient to meet verification requirements and subject signer to perjury under section 92.525 . . .

RALEY, v. STATE, 884 So. 2d 501 (Fla. Dist. Ct. App. 2004)

. . . While unquestionably section 92.525(2), Florida Statutes (2008), allows an unsworn oath to be used for . . .

ARMEY, v. STATE, 880 So. 2d 1269 (Fla. Dist. Ct. App. 2004)

. . . The circuit court overlooked the fact that section 92.525(2), Florida Statutes (2001), allows an unnotar-ized . . .

S. JACKSON, v. STATE, 881 So. 2d 666 (Fla. Dist. Ct. App. 2004)

. . . We recognize that the charging document was “verified” pursuant to 92.525, Florida Statutes. . . . Fla. 95-40 (1995)(document verified under section 92.525 is not affidavit within meaning of section 322.2615 . . . Johnston, 553 So.2d 730 (Fla. 2d DCA 1989) and § 92.525(3), Fla. Stat. (2002). . . . . was under "oath” because it contained the "under penalty of perjury" statement set forth in section 92.525 . . . A charging document can be under "oath” within the meaning of section 92.525, and still not qualify as . . .

STATE v. RUTHERFORD,, 863 So. 2d 445 (Fla. Dist. Ct. App. 2004)

. . . Vernell, 721 So.2d 705, 707 (Fla.1998) (citing section 92.525, Florida Statutes (1995)). . . .

FLORIDA HOSPITAL WATERMAN, v. STOLL, 855 So. 2d 271 (Fla. Dist. Ct. App. 2003)

. . . Section 92.525 provides that verification may be accomplished by either an oath taken before an officer . . .

G. DODRILL, II, v. INFE, INC. f k a a, 837 So. 2d 1187 (Fla. Dist. Ct. App. 2003)

. . . deposes and says: This first paragraph qualifies this as a verified document under oath under section 92.525 . . .

M. THEOC, v. STATE, 832 So. 2d 261 (Fla. Dist. Ct. App. 2002)

. . . The State overlooked the fact that section 92.525, Florida Statutes (2001), allows an unnotarized oath . . .

KEPHART, H. J. v. KEARNEY,, 826 So. 2d 517 (Fla. Dist. Ct. App. 2002)

. . . See § 92.525(2), Fla. Stat. (2001); Muss v. Lennar Fla. . . .

PINDER, v. STATE, 804 So. 2d 350 (Fla. Dist. Ct. App. 2001)

. . . unnotarized oath that Pinder used in his motion was not in the form set forth in Florida Statutes § 92.525 . . .

DIAZ, v. STATE, 768 So. 2d 1231 (Fla. Dist. Ct. App. 2000)

. . . See also § 92.525(2), Fla. Stat. (1999); Zipperer v. Singletary, 693 So.2d 122 (Fla. 1st DCA 1997). . . .

M. WILLIAMS v. E. E. BIERMAN, F. Ph. D. G., 46 F. Supp. 2d 1262 (M.D. Fla. 1999)

. . . filed false statements in the petition filed on September 25, 1996 in violation of Florida Statute § 92.525 . . .

THE FLORIDA BAR, v. VERNELL, Jr., 721 So. 2d 705 (Fla. 1998)

. . . Under section 92.525, Florida Statutes (1995), a signed declaration using the language contained in rule . . .

ZEIGLER, v. STATE, 714 So. 2d 1197 (Fla. Dist. Ct. App. 1998)

. . . conduct that was the basis of both the offense of perjury by false information in violation of section 92.525 . . .

A. MERCADE, v. STATE, 698 So. 2d 1313 (Fla. Dist. Ct. App. 1997)

. . . support and bolster these allegations, the appellant executed an unnotarized oath pursuant to section 92.525 . . .

GOINES, v. STATE, 691 So. 2d 593 (Fla. Dist. Ct. App. 1997)

. . . Pursuant to section 92.525, Florida Statutes (1995), such a statement constitutes “verification” of any . . .

ROYLE v. FLORIDA HOSPITAL- EAST ORLANDO, R. D. O., 679 So. 2d 1209 (Fla. Dist. Ct. App. 1996)

. . . The court concluded that the declaration using the language set forth in section 92.525, Florida Statutes . . . Section 92.525 provides that, in order for a document to be verified, it must be signed or executed by . . .

A. MUSS, v. LENNAR FLORIDA PARTNERS I, L. P. a, 673 So. 2d 84 (Fla. Dist. Ct. App. 1996)

. . . Section 92.525(4)(e), Florida Statutes (1993) states that “[t]he requirement that a document be verified . . . Further, section 92.525(2) authorizes verification solely on information and belief only where “permitted . . . The term document includes pleadings. § 92.525(4)(b) (1993). . . . Reviewing section 702.10 in light of the requirements in section 92.525, we find no basis for permitting . . . We have considered Appellant’s contention that we need not be concerned with section 92.525 in light . . .

D. BARTON, v. CIRCUIT COURT OF NINETEENTH JUDICIAL CIRCUIT,, 659 So. 2d 1262 (Fla. Dist. Ct. App. 1995)

. . . Section 92.525, Florida Statutes (1993), provides that documents may be verified by either (1) giving . . .

MIELES, v. SOUTH MIAMI HOSPITAL,, 659 So. 2d 1265 (Fla. Dist. Ct. App. 1995)

. . . Section 92.525, Florida Statutes (1993), sets forth the legal requirements for verification of documents . . . administer oaths, such as a notary, or by the signing of the written declaration prescribed in section 92.525 . . . Section 92.525(4)(c) further provides: The requirement that a document be verified means that the document . . . Vega’s signed declaration, using the language set forth in section 92.525, substantially complies with . . .

ANDERSON a k a v. STATE, 669 So. 2d 262 (Fla. Dist. Ct. App. 1995)

. . . . § 92.525, Fla.Stat. (1993). . . . .

KEENE, v. NUDERA,, 661 So. 2d 40 (Fla. Dist. Ct. App. 1995)

. . . See § 92.525, Fla.Stat. (1993). . . .

STATE v. E. SHEARER,, 628 So. 2d 1102 (Fla. 1993)

. . . In addition to a notarized oath such as the one in rule 3.987, however, section 92.525, Florida Statutes . . . The district court analyzed the oaths set out in section 92.525 and rule 3.987 in light of our decisions . . . It concluded that the unnotarized oath from subsection 92.525(2) could be used in a rule 3.850 motion . . . As pointed out by the district court, the oath from subsection 92.525(2) addresses this concern. . . . Therefore, we agree with the district court that the oath from subsection 92.525(2) is an acceptable . . .

STATE DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES, v. PADILLA,, 629 So. 2d 180 (Fla. Dist. Ct. App. 1993)

. . . Section 92.525 states, in part, as follows: (1) When it is authorized or required by law, by rule of . . . Thus, section 92.525 contemplates that an affidavit may include such language and may be recognized as . . .

E. SHEARER, v. STATE, 617 So. 2d 721 (Fla. Dist. Ct. App. 1993)

. . . The oath used by Shearer in this appeal in connection with his 3.850 motion is headed, “OATH F.S. 92.525 . . . The oath used by the appellant was taken from section 92.525(2), Florida Statutes (1991), which states . . . Section 92.525 provides, in pertinent part, that when it is required by rule or order of court that a . . . Instead, subsection 92.525(3) provides that a person who knowingly makes a false written declaration . . . Because the Gorham decision was issued two months after section 92.525 became effective, and there is . . . amend our prior opinion by adding the following thereto: IS THE WRITTEN DECLARATION FOUND IN SECTION 92.525 . . .