Florida Statute 117.10 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 117
NOTARIES PUBLIC

View Entire Chapter

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.

F.S. 117.10 on Google Scholar

F.S. 117.10 on CourtListener

Amendments to 117.10

Annotations, Discussions, Cases:

Cases Citing Statute 117.10

Total Results: 5 | Sort by: Relevance | Newest First

Copy

State v. Johnston, 553 So. 2d 730 (Fla. 2d DCA 1989).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 1989 WL 151465

...he facts contained in the affidavit. In this case, the trooper who arrested appellee signed the affidavit form on the signature line as provided. 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." The trooper failed to sign as attesting officer and, in fact, failed to complete all three spaces....

Copy

Gupton v. Dep't of High. Saf., 987 So. 2d 737 (Fla. 5th DCA 2008).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 9928, 2008 WL 2605177

...he capacity of a notary, or as a law enforcement officer. [1] Gupton argues that, because the attestor's status was not specified, the document is not an "affidavit," as required by section 322.2615(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....

Copy

Dept. of High. Saf. & Motor Vehs. v. Brown, 179 So. 3d 547 (Fla. 3d DCA 2015).

Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 17812, 2015 WL 7568618

...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. Furthermore, section 117.10, Florida Statutes (2014), which delineates the abilities of officers to administer oaths, provides: 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 when engaged in the performance of official duties. Sections 117.01, 117.04, 117.045, 117.05, and 117.103 do not apply to the provisions of this section....

Copy

Bryant v. Mostert, 636 F. Supp. 2d 1303 (M.D. Fla. 2009).

Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 57274, 2009 WL 1941466

...943.10, and traffic *1316 accident investigation officers and traffic infraction enforcement officers, as described in s. 316.640, are authorized to administer oaths when engaged in the performance of official duties.... An officer may not notarize his or her own signature. § 117.10, Fla....

Copy

Smith v. State, 861 So. 2d 1292 (Fla. 5th DCA 2004).

Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 77, 2004 WL 40743

...Henry Lincoln Smith has appealed the denial of his rule 3.850 motion without prejudice. The trial court found that defendant’s motion was facially insufficient. 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....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.