CopyCited 23 times | Published | Supreme Court of Florida | 1995 WL 640166
...nt the Bar from litigating this issue. 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)....
...Tisseaux said he hired another lawyer to pursue the payoff. Florida courts have held in criminal cases that an unsworn witness is not competent to testify. See, e.g., Houck v. State,
421 So.2d 1113, 1115 (Fla. 1st DCA 1982). An affidavit that is not executed in accordance with the requirements of section
92.50(3) is not competent evidence in a civil case....
...While Clement's attorney objected to the procedure by which Tisseaux was sworn, he did not contest whether Tisseaux actually testified. Although bar disciplinary proceedings are not governed by technical rules of evidence, see Florida Bar v. Vannier,
498 So.2d 896 (Fla. 1986), it would be a better practice to comply with section
92.50(3)....
...[3] In addition to the authority to hear this evidence provided by the Florida Evidence Code, a referee in a bar-discipline case can consider any evidence he or she deems relevant to resolving a factual question. See Florida Bar v. Rood,
620 So.2d 1252, 1255 (Fla. 1993). [4] Section
92.50(3), Florida Statutes (1993), provides: 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 r...
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 2005 WL 3076606
...2d DCA 1989) (citations omitted); see also Youngker,
215 So.2d at 321 ("An oath may be undertaken by any unequivocal act in the presence of an officer authorized to administer oaths by which the declarant knowingly attests the truth of a statement and assumes the obligation of an oath.") (citation omitted). Section
92.50, Florida Statutes, also indicates that an affidavit must be sworn to before a person authorized to administer oaths....
...ore 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 before any United States commissioner or any notary public within this state. § 92.50(1), Fla....
...y statute if it chooses, or even to alter beyond recognition how an affidavit may be executed. As far as I can tell, however, it has not so chosen. In my view, section
92.525 says nothing about how a statutory requirement of an affidavit may be met. Section
92.50, Florida Statutes, entitled: "Oaths, affidavits and acknowledgements, who may take or administer: requirements....
...e 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; or (b) By the signing of the written declaration prescribed in subsection (2)....
...re there is a requirement of an "oath," not a "notarized oath." This is true because the element of execution before a notary is not included in the statutory definition of a verification and because a notarized oath must satisfy the requirements of section
92.50, not
92.525....
...Section
92.525 states in pertinent part as follows: (1) When it is ... required by law ..., 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; or (b) By the signing of the written declaration prescribed in subsection (2)....
CopyCited 9 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 344, 2000 Fla. LEXIS 1455, 2000 WL 551035
...estimony of Raval's sister concerning Raval's complaint against Centurion. 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. In Florida Bar v. Clement,
662 So.2d 690, 698 (Fla.1995), an attorney challenged the admissibility of testimony that was not taken in accordance with section
92.50(3), Florida Statutes....
...While this Court stated it would be better practice to comply with that section, we did not conclude it was mandatory. See id. Furthermore, Centurion not only verified Ortiz's identity prior to her testimony, but specifically agreed to continue with her testimony in the absence of the formalities required by section 92.50....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2004 WL 1906099
...By definition, "an affidavit" is a written or printed declaration or statement of facts, made under oath, before a person having authority to administer such oath or affirmation. See Youngker v. State,
215 So.2d 318 (Fla. 4th DCA 1968). [1] This fact is implicitly recognized in section
92.50, Florida Statute (2002), which sets forth the persons who have the authority to administer "oaths, affidavits, and acknowledgments." They include "any judge, clerk, or deputy clerk of any court of record *668 within this state, includin...
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...failed to affix his signature, jurat and seal. Appellees are quick to distinguish McManus by pointing out that the *1089 omission of the signature here is "proscribed by law." However, in McManus, the statute on oaths, affidavits and acknowledgments Section 92.50, Florida Statutes (1979), contain similar provisions: (1) IN THIS STATE....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 20 Fla. L. Weekly Fed. D 705
...s before filing the petition." Lee filed a motion to dismiss, claiming she and Lawrence were residents of New Jersey. In support of this claim, Lee filed a "certification" setting forth various facts, but this document was not sworn to or notarized. 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....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2005 WL 991691
...The defendant appeals from his judgment and sentence entered pursuant to the revocation of his probation. He raises two points. 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....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1995 WL 699125
...Mills' contention that the document was self-authenticated and should have been admitted into evidence. As mentioned above, section
90.902(9) provides that a document is self-authenticated whenever the legislature declares it to be presumptively or prima facie genuine or authentic. This statute together with section
92.50(2), Florida Statutes (1993), furnish the authority for the admission of the modification agreement. Section
92.50(2) provides that acknowledgments required or authorized under the laws of this state may be taken or administered in any other state before any notary public having a seal in such state provided, however, such officer or person is autho...
...The admission of the modification agreement does not conclusively establish authenticity but indicates initial sufficiency. Mr. Barker is still free to attack its genuineness. Sunnyvale Maritime Co., Inc. v. Gomez,
546 So.2d 6 (Fla. 3d DCA 1989). Mr. Barker does not contend that section
92.50(2) does not authorize the taking of an acknowledgment by an out of state notary public having a seal, but he does *1058 contend that the statute requires evidence that the person is authorized under the laws, in this instance of California, to take acknowledgments....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1999 Fla. App. LEXIS 7916, 1999 WL 393656
...deference from the courts. See Florida Power & Light Co. v. Crabtree Constr. Co.,
283 So.2d 570, 572 (Fla. 4th DCA 1973). A more potent reason exists for rejecting Grieco's claim that an affidavit before a notary public complies with section 222.12. Section
92.50(1), Florida Statutes (1997), provides the general authority for a notary public to administer oaths or take affidavits in the state....
...Haywood,
735 So.2d 539, 24 Fla. L. Weekly D1232 (Fla. 2d DCA May 21, 1999). STONE, C.J., and STEVENSON, J., concur. NOTES [1] Form 1.907(b), Florida Rules of Civil Procedure, indicates that the clerk of court or deputy is authorized to sign a continuing writ. [2] Section
92.50(1), Florida Statutes (1997), provides: 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 acknow...
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 5110, 2015 WL 1545231
...an
officer authorized to administer oaths by which the declarant
knowingly attests the truth of a statement and assumes the
obligation of an oath.”) (citation omitted).
Crain v. State,
914 So. 2d 1015, 1019 (Fla. 5th DCA 2005). Section
92.50(1), Florida Statutes (2014), recognizes that an affidavit must be
sworn to before a person authorized to administer oaths....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1989 WL 16647
...[3] Accordingly, the order dismissing the informations in each of the two trial court cases (Hartung, 86-3303 and Potts, 88-1152) is reversed and this cause remanded for further proceedings. REVERSED and REMANDED. SHARP, C.J., and ORFINGER, J., concur. NOTES [1] See §
27.181(3), Fla. Stat. [2] See §
92.50(1), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 1268, 2009 WL 383626
...§ 1746, rather than "affidavits," to frame the factual allegations relating to jurisdiction. Declarations are sanctioned by the federal statute and by Florida statute section
92.525(2), requiring a signed written statement made under penalties of perjury, while "affidavits" are governed by a separate Florida law, section
92.50, requiring a separate acknowledgment signed and sealed by a notary, judicial officer, or (if executed in a foreign country) a U.S....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 14603, 2009 WL 3100937
...e 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......
...al seal of such officer or person taking or administering the same; however, when taken or administered before any judge, clerk, or deputy clerk of a *1185 court of record, the seal of such court may be affixed as the seal of such officer or person. §
92.50(1), Fla. Stat. (2007). Because section
92.525 provides that any document, which expressly includes an affidavit, requiring verification may be so verified by oath, and section
92.50(1) allows for such an oath to be taken or administered in front of any judge of any court of record before this state, we are satisfied that the affidavit at issue was sufficient to support the issuance of the warrant and the absence of a signature was not fatal....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...We are not impressed with whatever question might linger concerning the wording of the oath that was administered by the circuit judge to Detective Harn. It is reasonable to assume that a circuit judge, in the usual course of his duties, would administer a lawful oath pursuant to F.S. 92.50....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1991 WL 40048
...We find this evidence insufficient to carry the day against Hamilton's testimony. Proudfoot also submitted the affidavit of a Mr. Smith, who was Hamilton's supervisor in Australia. This affidavit was not executed in accordance with the requirements of section 92.50(3), Florida Statutes (1989), pertaining to the taking of oaths, affidavits and acknowledgments in foreign countries and, thus, it was not competent evidence to support Proudfoot's contentions....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2011 WL 3685842, 2011 Fla. App. LEXIS 13336
...er Kelly is not settled. Section
92.525(1), Florida Statutes (2009), provides that any document that must be verified by a person may be verified in one of two ways. Subsection (1)(a) allows for verification under oath or affirmation as set forth in section
92.50(1)....
...We note that while Hyden’s 1983 conviction may not be used to qualify the fourth DUI as a felony offense, it may be used to support enhanced penalties and fines short of incarceration for the misdemeanor DUI. See id. at 1052 . Reversed and remanded. DAVIS, J., Concurs. BLACK, J., Concurs specially with opinion. . Section 92.50(1) provides that "[o]aths, affidavits, and acknowledgments required or authorized under the laws of this state ......
CopyCited 1 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 360, 2011 Fla. LEXIS 1567, 2011 WL 2637438
...vant part: (1) When it is authorized or required by law ... 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.......
...The district court then stated that, under section
92.525, the definition of the term “document” includes affidavits. See id. at 1185 (quoting §
92.525(4)(b)). The Third District also reasoned that an oath may be administered by or before any judge of this state. See id. at 1185 (quoting §
92.50(1), Fla....
...n 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: *1028 (a) Under oath or affirmation taken or administered before an officer authorized under s. 92.50 to administer oaths; or (b) By the signing of the written declaration prescribed in subsection (2)....
...§
92.525(4)(b). Under section
92.525, an affidavit need not be formally signed to comply with the Florida Statutes. 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. See §
92.50(1), Fla....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 1987 Bankr. LEXIS 114
...; or a notary public, and the certificate of acknowledgment or proof must be under the seal of the court or officer, as the case may be. All affidavits and acknowledgments heretofore made or taken in this manner are hereby validated. Florida Statute §
92.50, which governs oaths, affidavits, and acknowledgments, requires that an acknowledgment be “authenticated by the signature and official seal” of the person taking the acknowledgment. Florida Statute § 117.07 requires that notaries public add to their official signature a statement of the time of the expiration of their commission. Thus, Fla.Stat. §§
695.03,
92.50, and 117.07, when read in para materia, provide that if an instrument concerning real property has been signed before a notary public, and the notary public has affixed his official signature and official seal, and stated the time of the expira...
...the public records. Although Gibralter concedes that the notary public did not sign on the line reserved on the printed form for his signature, Gi-bralter urges that the document substantially complies with the requirements of Fla.Stat. §§
695.03,
92.50, and 117.07, and the fact that the notary failed to sign on the specific line designated for his signature does not invalidate the acknowledment or the mortgage....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2016 WL 1718870, 2016 Fla. App. LEXIS 6626
...pport, failed to constitute good cause. These cases are readily distinguishable from that presently before us. Here, Mr. 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)....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...Committee notes revised. Citation form changes in rule and committee notes. Statutory References F.S.
733.109 Revocation of probate. F.S.
733.201 Proof of wills. F.S.
733.504 Causes of removal of personal representative. F.S.
733.506 Proceedings for removal. F.S.
92.50 Oaths, affidavits, and acknowledgments; who may take or administer; requirements....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...Committee notes revised. Citation form changes in rule and committee notes. Statutory References F.S.
733.109 Revocation of probate. F.S.
733.201 Proof of wills. F.S.
733.504 Causes of removal of personal representative. F.S.
733.506 Proceedings for removal. F.S.
92.50 Oaths, affidavits, and ac-knowledgements; who may take or administer; requirements....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064
...Committee Notes Rule History 1975-2003 Revision: [NO CHANGE] 2013 Revision: Subdivision (e) deleted because it duplicates subdivision (d) in Rule 5.240. Committee notes revised. Editorial changes to conform to the court’s guidelines for rules submissions as set forth in AOSCQ6-14. Statutory References § 92.50, Fla....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...) to require the filing of documents with the court. Committee notes revised. Citation form changes in rule and committee notes. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. Statutory References § 92.50, Fla.Stat....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...he commissioner. The rule also contemplates that a Florida notary may be appointed as commissioner to take the proof of a witness outside the State of Florida. Committee notes revised and expanded. Statutory References F.S.
738.201 Proof of wills. F.S.
92.50 Oaths, affidavits, and acknowledgments; who may take or administer; requirements....
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
HAS A HANDICAP WHICH AFFECTS HIS HANDWRITING? Section
92.50(1), F.S., regarding the statutory requirements
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 4791126
...ted prior to a determination of the case on the merits). A review of the information additionally reveals that the claim asserted by Jenkins is without merit. There is no requirement under Florida law that the information contain a seal by a notary. Section 92.50(1), Florida Statutes (1992), provides that the oath may be administered by a deputy clerk of any court of *73 record within this state or a notary public within this state....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...h the court. Committee notes revised. Citation form changes in rule and committee notes. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 92.50, Fla....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
...authentication. (e.s.) Thus, the rule provides that affidavits, which are selfauthenticating documents, may be introduced as evidence without the appearance of a witness to validate the document or under another form of authentication. 3 Pursuant to section 92.50 (1), Florida Statutes, 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...
CopyPublished | Supreme Court of Florida
...COMMISSION TO PROVE WILL
(a)-(d) [No Changes]
- 11 -
Committee Notes
Rule History
1975-2013 Revision: [No Changes]
2020 Revision: Committee notes revised.
Statutory References
§ 92.50, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 19053, 2009 WL 4574290
...nding, in part, that the foreign birth mother’s consent for adoption and relinquishment of parental rights was invalid because it did not have an “acknowledgment signed and sealed by a U.S. consular official.” The trial court acknowledged that section 92.50(3), Florida Statutes (2009), does not require that an oath, affidavit, and ac-knowledgement in a foreign country be before a United States consular official, but found that this Court’s decision in Defense Control USA, Inc....
...Specifically, the trial court relied upon the following language in Defense Control: Declarations are sanctioned by the federal statute and by Florida statute section
92.525(2), requiring a signed written statement made under penalties of perjury, while “affidavits” are governed by a separate Florida law, section
92.50, requiring a separate acknowledgment signed and sealed by a notary, judicial officer, or (if executed in a foreign country) a U.S....
...Rather, the language was intended to mean that if an affidavit is executed in a foreign country, one option is to have it acknowledged by a U.S. consular official — not that it must be “signed and sealed” by a U.S. consular official. This Court’s decision in Defense Control complies with section 92.50(3), which provides as follows: (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...
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 5112, 1999 WL 228743
...ear probation with special conditions. Defendant raises two issues in this appeal. 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)....
...Lima’s “child care problems” do not satisfy the unavailability exception to the Confrontation Clause, and that the presentation of her testimony by satellite video transmission violated his right to confront his accuser. We address each argument in turn. THE OATH Defendant argues that pursuant to the terms of section 92.50(2), the oath administered to Ms....
...Alexander Proudfoot Co. World Headquarters,
576 So.2d 1339 (Fla. 4th DCA 1991). This identical argument was raised by the defense in Harrell v. State,
709 So.2d 1364 (Fla.), cert. denied, — U.S. -,
119 S.Ct. 236 ,
142 L.Ed.2d 194 (1998), as concerns section
92.50(3) and was rejected by the Supreme Court....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 3848, 1998 WL 171785
...n Israel or in any place appellant designated. After a hearing, the trial court denied appellant’s motion to dismiss, giving him twenty days to answer the amended complaint. We first note that the affidavit is deficient, for failure to comply with section 92.50(3), Florida Statutes (1997)....
...under certain circumstances. See Martindale-Hub-bell Israel Law Digest at ISR-11 (1997). Thus, it appears that being an advocate in Israel does not automatically confer the status of notary public. The affidavit was not properly authenticated under section 92.50(3), because it does not contain the official seal of an officer authorized by the statute to take an affidavit....
