Does an Affidavit Have to Be Notarized in Florida?

In Florida, an affidavit does have to be notarized to function as a sworn statement, but the state offers a widely available workaround: an “unsworn declaration” signed under penalty of perjury that satisfies most legal requirements for a verified document without any notary involvement. Which route you need depends on what the specific statute, court rule, or form actually requires.

Why Notarization Is the Default

An affidavit is a written statement of fact signed under oath. The notarization is what gives it that status. When a notary public takes your affidavit, they confirm your identity, administer a verbal oath or affirmation, watch you sign, and then complete a jurat certifying all of that happened. Without those steps, the document is just a signed statement, not sworn testimony, and courts and agencies will not treat it as evidence equivalent to in-person testimony.

That is why you cannot sign an affidavit at your kitchen table and bring it to a notary afterward. Florida law requires the signer to appear personally before the notary at the time of notarization, and there are no exceptions, even if someone else watched you sign.¹ A notary who seals a pre-signed document is violating state law.

The Unsworn Declaration Alternative

Florida Statute 92.525 gives you a way around the notary entirely for most purposes. Whenever a law, agency rule, or court order requires a “verified” document, you can satisfy that requirement by signing an unsworn declaration under penalty of perjury instead of having the document notarized.²

The declaration works only if specific language appears, printed or typed, immediately below the body of the document and above your signature:

“Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true.”

If your statement rests on information and belief rather than direct personal knowledge, you may add “to the best of my knowledge and belief” to that language.² The statute’s definition of “document” is broad and covers forms, applications, claims, tax returns, affidavits, pleadings, and essentially any writing.

When the Declaration Won’t Substitute

The unsworn declaration covers a lot, but not everything. Some Florida requirements call specifically for notarization, not just verification, and in those cases you still need a notary. A self-proving will under Florida Statute 732.503, for instance, requires witness affidavits signed before a notary with all parties present. Documents that will be recorded in county public records almost always need notarized signatures. Some official state forms and particular court rules also mandate a traditional notarized affidavit.

The practical test is to read the specific statute, rule, or form instructions. If the requirement says “verified” or “sworn,” the 92.525 declaration will generally work. If it says “notarized” or asks for a notary’s seal, you need the notary.

Getting the Affidavit Notarized

When notarization is the only option, you have several paths. Notaries public are the most common choice because they work at banks, shipping stores, law offices, and courthouses. Florida law also authorizes judges, clerks and deputy clerks of any court of record (including federal courts), and United States commissioners to administer oaths and take affidavits within the state.³

What to Bring

Bring the document unsigned. Bring a current, government-issued photo ID, or one issued within the past five years. Florida accepts:⁴

Florida driver’s license or state ID card
U.S. passport
Foreign passport stamped by U.S. Citizenship and Immigration Services
Driver’s license or ID from another U.S. state, territory, Canada, or Mexico
U.S. military ID
Veteran health identification card from the VA
U.S. Citizenship and Immigration Services ID card

If the notary knows you personally, they can rely on that instead of an ID.⁴ Unlike some states, Florida does not allow a “credible witness” to vouch for your identity in place of ID.⁵

At the appointment, the notary administers an oath or affirmation that you must answer aloud, watches you sign, and then completes the jurat with their signature, printed name, seal, and the date.

Fees

A Florida notary can charge no more than $10 per notarial act for standard in-person notarizations.⁶ Different caps apply to remote online notarizations. Many banks notarize for free for their account holders.

Remote Online Notarization

If you cannot get to a notary in person, Florida allows Remote Online Notarization (RON) over a live video call. The notary confirms your identity through a layered process: you present a government-issued ID on camera, the notary runs credential analysis on that ID, and you complete identity proofing through knowledge-based authentication questions drawn from your personal records. If any step fails, the notarization cannot proceed.⁷ The whole audio-video session is recorded and stored in the notary’s electronic journal.⁸ The notary must hold a separate online registration with the Florida Department of State in addition to a standard notary commission.⁹

What the Affidavit Itself Must Contain

No single Florida statute dictates a universal affidavit format, but a document missing standard components invites challenges. Prepare the affidavit fully before your appointment, leaving only the signature and the jurat for the notary. A complete affidavit typically includes a title identifying the document, the venue (state and county of signing), a body of numbered factual statements written in first person and based on personal knowledge, a signature line, and the jurat.

Florida law requires the jurat to follow a particular form that begins with “Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization…” and must include the date, your name, how your identity was confirmed, and the notary’s signature, printed name, and official seal.¹⁰ The notary supplies that section; you do not fill it in yourself.

Lying Carries the Same Penalty Either Way

Skipping the notary does not soften the consequences of a false statement. Knowingly making a false statement in an unsworn declaration is perjury by false written declaration, a third-degree felony in Florida.² Lying in a traditional notarized affidavit is standard perjury, also a third-degree felony. A third-degree felony in Florida carries up to five years in prison¹¹ and a fine of up to $5,000.¹² The unsworn declaration saves you a trip to the notary; it does not reduce your exposure.

1
Florida Department of State. Notarize a Signature Without the Person Being Present
2
Florida Senate. Florida Statutes 92.525 – Verification of Documents; Perjury by False Written Declaration, Penalty
3
Florida Senate. Florida Code 92.50 – Oaths, Affidavits, and Acknowledgments; Who May Take or Administer; Requirements
4
The 2025 Florida Statutes. Florida Code 117.05 – Use of Notary Commission; Unlawful Use; Notary Fee; Seal; Duties; Employer Liability; Name Change; Advertising; Photocopies; Penalties
5
Florida Department of State. Question and Answer – Notary Education
6
The 2025 Florida Statutes. Florida Code Chapter 117 – Notaries Public
7
The 2025 Florida Statutes. Florida Code 117.265 – Online Notarization Procedures
8
Florida Senate. Florida Code 117.245 – Electronic Journal of Online Notarizations
9
Florida Department of State. Division of Corporations – Remote Online Notary Public
10
Florida Senate. Florida Code 117.05 – Use of Notary Commission; Unlawful Use; Notary Fee; Seal; Duties; Employer Liability; Name Change; Advertising; Photocopies; Penalties
11
The 2025 Florida Statutes. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences
12
Florida Senate. Florida Code 775.083 – Fines