Florida Statutes

Fla. Stat. § 117.10 (2025)

Law enforcement and correctional officers; administration of oaths.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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117.10 Law enforcement and correctional officers; administration of oaths.—

(1) For purposes of this section, the term “reliable electronic means” means the signing and transmission of a document through means compliant with criminal justice information system security measures. Such signing and transmission must be made by an affiant to an officer authorized to administer oaths under subsection (2) under circumstances that indicate that the document was submitted by the affiant.

(2) Law enforcement officers, correctional officers, and correctional probation officers, as defined in s. 943.10, and traffic accident investigation officers and traffic infraction enforcement officers, as described in s. 316.640, are authorized to administer oaths by reliable electronic means or in the physical presence of an affiant when engaged in the performance of official duties. Sections 117.01, 117.04, 117.045, 117.05, and 117.103 do not apply to this section. An officer may not notarize his or her own signature.

(3) An oath administered pursuant to this section is an acceptable method of verification as provided under s. 92.525.

History.—s. 4, ch. 84-97; s. 43, ch. 89-526; s. 2, ch. 91-174; s. 9, ch. 91-291; s. 748, ch. 95-147; s. 4, ch. 95-283; s. 6, ch. 98-246; s. 2, ch. 2015-23.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1989–2024 · leading case: Gupton v. Dep't of High. Saf., 987 So. 2d 737 (Fla. 5th DCA 2008).

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Gupton v. Dep't of High. Saf., 987 So. 2d 737 (Fla. 5th DCA 2008). · cites it 2× “Gupton acknowledges that like a notary public, section 117.10, Florida Statutes, authorizes law enforcement officers to administer oaths when engaged in the performance of official duties.”

State v. Johnston, 553 So. 2d 730 (Fla. 2d DCA 1989). “Directly below the signature line is the statement, "THIS AFFIDAVIT MUST BE NOTARIZED OR ATTESTED TO (F.S. 117.10)." Beneath the foregoing statement on the form are three lines labeled "signature of attesting officer," "title," and "date.”

Bryant v. Mostert, 636 F. Supp. 2d 1303 (M.D. Fla. 2009). · cites it 2× “§ 117.10, Fla. Stat. In the instant case, Plaintiff has not demonstrated that Defendant R.”

Smith v. State, 861 So. 2d 1292 (Fla. 5th DCA 2004). · cites it 2× “The motion states that it was sworn and subscribed by an Orange County Corrections officer pursuant to section 117.10, Florida Statutes, which authorizes correctional officers to administer oaths.”

Campbell v. Sec'y, Dep't of Corr. (M.D. Fla. 2020). · cites it 2× “See Fla. Stat. § 117.10 . The affidavit shows that Officer Garboski’s statements were “sworn and subscribed” to Officer S.”

Wright v. Sec'y, Florida Dep't of Corr. (Putnam Cnty.) (M.D. Fla. 2024). · cites it 2× “Fla. Stat. § 117.10 (2). Because Wright has not shown a justifiable reason why the dictates of the one- year limitations period should not be applied to him, the Petition is untimely.”

Dept. of High. Saf. & Motor Vehs. v. Brown, 179 So. 3d 547 (Fla. 3d DCA 2015). · cites it 2× “The failure of the officer to submit materials within the 5-day period specified in this subsection and in subsection (1) does not affect the department’s ability to consider any-evidence submitted at or prior to the hearing.”

Campbell v. Sec'y, Dep't of Corr. (M.D. Fla. 2020). “See § 117.10, F.S. The affidavit shows that Officer Garboski’s statements were “sworn and subscribed” to Officer S.”

State v. Reed, 39 Fla. Supp. 2d 67 (Fla. Cir. Ct. 1989). · cites it 2× “The form also contains the following: Signature of law enforcement officer THIS AFFIDAVIT MUST BE NOTARIZED OR ATTESTED TO (F.S. 117.10) Signature of attesting officer TITLE DATE In no case did any of the officer say “I swear .”

State v. Cole, 41 Fla. Supp. 2d 13 (Fla. Cir. Ct. 1990). “” and concludes after the actual allegations with the following: Signature of law enforcement officer THIS AFFIDAVIT MUST BE NOTARIZED OR ATTESTED TO (F. S. 117.10) Signature of attesting officer TITLE DATE Trooper Segalla, should the matters contain in the refusal form prove to…”

State v. Cole, 41 Fla. Supp. 2d 15 (Fla. Cir. Ct. 1990). “Section 117.10 provides that law enforcement officers are notaries public for the purpose of attesting to documents in connection with the performance of their official duties.”

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