Florida Statute 92.50 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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F.S. 92.50

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.

(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.

Note.—Former s. 90.01.

F.S. 92.50 on Google Scholar

F.S. 92.50 on CourtListener

Amendments to 92.50

Annotations, Discussions, Cases:

Cases Citing Statute 92.50

Total Results: 34

The Florida Bar v. Clement

662 So. 2d 690, 1995 WL 640166

Supreme Court of Florida | Filed: Nov 2, 1995 | Docket: 1711997

Cited 23 times | Published

oath was not administered in accordance with section 92.50(3), Florida Statutes (1993).[4] Before Tisseaux

Crain v. State

914 So. 2d 1015, 2005 WL 3076606

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1781519

Cited 14 times | Published

obligation of an oath.") (citation omitted). Section 92.50, Florida Statutes, also indicates that an affidavit

The Florida Bar v. Centurion

801 So. 2d 858, 25 Fla. L. Weekly Supp. 344, 2000 Fla. LEXIS 1455, 2000 WL 551035

Supreme Court of Florida | Filed: May 4, 2000 | Docket: 1744867

Cited 9 times | Published

properly sworn as a witness in accordance with section 92.50, Florida Statutes. We find no merit in this

Jackson v. State

881 So. 2d 666, 2004 WL 1906099

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1748859

Cited 8 times | Published

1968).[1] This fact is implicitly recognized in section 92.50, Florida Statute (2002), which sets forth the

Orbe v. Orbe

651 So. 2d 1295, 20 Fla. L. Weekly Fed. D 705

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 1518268

Cited 7 times | Published

this document was not sworn to or notarized. Section 92.50(2), Florida Statutes (1993), provides that oaths

State v. Tolmie

421 So. 2d 1087

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 1372136

Cited 7 times | Published

statute on oaths, affidavits and acknowledgments Section 92.50, Florida Statutes (1979), contain similar provisions:

Smartmays v. State

901 So. 2d 278, 2005 WL 991691

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 1666368

Cited 6 times | Published

person authorized to administer oaths under section 92.50, Florida Statutes. Second, the defendant argues

Patrick Placide v. State of Florida

189 So. 3d 810, 2015 Fla. App. LEXIS 5110, 2015 WL 1545231

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2679408

Cited 4 times | Published

So.2d 1015, 1019 (Fla. 5th DCA 2005). Section 92.50(1), Florida Statutes (2014), recognizes that

Cadle Co. v. G & G ASSOCIATES

737 So. 2d 1136, 1999 Fla. App. LEXIS 7916, 1999 WL 393656

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 1301099

Cited 4 times | Published

notary public complies with section 222.12. Section 92.50(1), Florida Statutes (1997), provides the general

Mills v. Barker

664 So. 2d 1054, 1995 WL 699125

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 1229455

Cited 4 times | Published

genuine or authentic. This statute together with section 92.50(2), Florida Statutes (1993), furnish the authority

Defense Control USA, Inc. v. Atlantis Consultants Ltd.

4 So. 3d 694, 2009 Fla. App. LEXIS 1268, 2009 WL 383626

District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 2553425

Cited 3 times | Published

"affidavits" are governed by a separate Florida law, section 92.50, requiring a separate acknowledgment signed

State v. Hartung

543 So. 2d 236, 1989 WL 16647

District Court of Appeal of Florida | Filed: Mar 2, 1989 | Docket: 814051

Cited 3 times | Published

NOTES [1] See § 27.181(3), Fla. Stat. [2] See § 92.50(1), Fla. Stat. [3] See generally State v. Miller

Hyden v. State

117 So. 3d 1, 2011 WL 3685842, 2011 Fla. App. LEXIS 13336

District Court of Appeal of Florida | Filed: Aug 24, 2011 | Docket: 60232520

Cited 2 times | Published

verification under oath or affirmation as set forth in section 92.50(1).1 Subsection (l)(b) allows for verification

State v. Moreno-Gonzalez

18 So. 3d 1180, 2009 Fla. App. LEXIS 14603, 2009 WL 3100937

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1640470

Cited 2 times | Published

affixed as the seal of such officer or person. § 92.50(1), Fla. Stat. (2007). Because section 92.525 provides

Hamilton v. Alexander Proudfoot Co.

576 So. 2d 1339, 1991 WL 40048

District Court of Appeal of Florida | Filed: Mar 27, 1991 | Docket: 1242503

Cited 2 times | Published

executed in accordance with the requirements of section 92.50(3), Florida Statutes (1989), pertaining to the

State v. McManus

404 So. 2d 757

District Court of Appeal of Florida | Filed: Sep 2, 1981 | Docket: 1783301

Cited 2 times | Published

duties, would administer a lawful oath pursuant to F.S. 92.50. Neither do we conclude that the explained absence

State, Department of Revenue v. Hartsell

189 So. 3d 363, 2016 WL 1718870, 2016 Fla. App. LEXIS 6626

District Court of Appeal of Florida | Filed: Apr 29, 2016 | Docket: 60254482

Cited 1 times | Published

thereby fulfilling the affidavit requirements of section 92.50(1), Florida Statutes (2014). In addition, Mr

Moreno-Gonzalez v. State

67 So. 3d 1020, 36 Fla. L. Weekly Supp. 360, 2011 Fla. LEXIS 1567, 2011 WL 2637438

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 60301917

Cited 1 times | Published

judge of this state. See id. at 1185 (quoting § 92.50(1), Fla. Stat. (2007)). Based upon these statutory

In re Barrido

69 B.R. 316, 1987 Bankr. LEXIS 114

United States Bankruptcy Court, M.D. Florida | Filed: Jan 12, 1987 | Docket: 65779304

Cited 1 times | Published

this manner are hereby validated. Florida Statute § 92.50, which governs oaths, affidavits, and acknowledgments

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761640

Published

notes revised. Statutory References § 92.50, Fla. Stat. Oaths, affidavits, and acknowledgments;

In re Amendments to the Florida Probate Rules

123 So. 3d 31, 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064

Supreme Court of Florida | Filed: Sep 26, 2013 | Docket: 60235089

Published

as set forth in AOSCQ6-14. Statutory References § 92.50, Fla. Stat. Oaths, affidavits, and acknowledgments;

L.M. v. Adoption of J.A.M.L.

23 So. 3d 837, 2009 Fla. App. LEXIS 19053, 2009 WL 4574290

District Court of Appeal of Florida | Filed: Dec 8, 2009 | Docket: 60282082

Published

official.” The trial court acknowledged that section 92.50(3), Florida Statutes (2009), does not require

Jenkins v. State

6 So. 3d 71, 2008 WL 4791126

District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 1665410

Published

the information contain a seal by a notary. Section 92.50(1), Florida Statutes (1992), provides that the

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

Committee notes revised. Statutory References § 92.50, Fla. Stat. Oaths, affidavits, and acknowledgments;

Lima v. State

732 So. 2d 1173, 1999 Fla. App. LEXIS 5112, 1999 WL 228743

District Court of Appeal of Florida | Filed: Apr 21, 1999 | Docket: 64788306

Published

because it did not satisfy the requirements of section 92.50(2), Florida Statutes (1997). Next, he claims

E-Z Serve Convenience Stores, Inc. v. Paul

720 So. 2d 301, 1998 Fla. App. LEXIS 14167, 1998 WL 777062

District Court of Appeal of Florida | Filed: Nov 10, 1998 | Docket: 64784111

Published

See Fla. R. Work. Comp. P. 4.075(f)(3); see also § 92.50(a), Fla. Stat. (1997) (establishing procedures

Ben-Aziz v. Polani

710 So. 2d 125, 1998 Fla. App. LEXIS 3848, 1998 WL 171785

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 64780749

Published

affidavit is deficient, for failure to comply with section 92.50(3), Florida Statutes (1997). That section authorizes

Ago

Florida Attorney General Reports | Filed: Jun 13, 1995 | Docket: 3257393

Published

another form of authentication.3 Pursuant to section 92.50(1), Florida Statutes, Oaths, affidavits, and

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

changes in committee notes. Statutory References § 92.50, Fla.Stat. Oaths, affidavits, and acknowledgments;

State v. Mandell

599 So. 2d 1383, 1992 Fla. App. LEXIS 5838, 1992 WL 115764

District Court of Appeal of Florida | Filed: Jun 3, 1992 | Docket: 64667874

Published

some person qualified to administer an oath.” Section 92.50(1), Florida Statutes (1991), provides in pertinent

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

representative. F.S. 733.506 Proceedings for removal. F.S. 92.50 Oaths, affidavits, and acknowledgments; who may

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

representative. F.S. 733.506 Proceedings for removal. F.S. 92.50 Oaths, affidavits, and ac-knowledgements; who

Florida Bar re Amendment to Rules

458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151

Published

Statutory References F.S. 738.201 Proof of wills. F.S. 92.50 Oaths, affidavits, and acknowledgments; who may

Ago

Florida Attorney General Reports | Filed: May 1, 1984 | Docket: 3258866

Published

HAS A HANDICAP WHICH AFFECTS HIS HANDWRITING? Section 92.50(1), F.S., regarding the statutory requirements