A Florida affidavit of non-prosecution is a sworn statement in which a crime victim tells the State Attorney’s Office they no longer wish to pursue charges against the defendant. Filing one does not dismiss the case. Under Florida law the victim is a witness, not a party, and the prosecutor keeps sole authority to move forward, drop the charges, or continue building the case on other evidence. The affidavit does carry weight, particularly in domestic battery matters where independent proof is thin, but it is a request, not a decision.
Where to Get the Form
There is no statewide form. Florida’s 20 judicial circuits each run their own State Attorney’s Office, and most use their own version.1Florida Courts. Trial Courts – Circuit Contact the office in the circuit where the charges were filed, which is not necessarily where you live. Many offices post the form online, and victim advocates on staff will usually email or hand you a copy. Some defense attorneys keep blanks as well.
You can draft your own affidavit if you cannot locate a circuit-specific form, but the office’s standard form avoids formatting objections and moves faster through intake.
What to Have Ready Before You Sign
Pull the following before you sit down with the form. A wrong case number or misspelled name can send the affidavit to the wrong file.
- The defendant’s full legal name, spelled exactly as it appears on the charging documents. No nicknames, no aliases.
- The case number, assigned at booking or when charges were filed. It appears on any Clerk of the Court paperwork and on the circuit’s online case search.
- The specific charges, cited to the statute where possible — for example, misdemeanor battery under Florida Statute 784.03. If the defendant faces multiple counts, name the ones you want dropped.2The Florida Legislature. Florida Code 784.03 – Battery; Felony Battery
- Your narrative. Most forms give you space to explain in your own words what happened and why you no longer want the case prosecuted. Keep it factual. A prosecutor, and possibly a judge, will read it.
Verify names and numbers against the official court record before completing the form.
Making It a Valid Sworn Statement
An affidavit is sworn, so it must be executed under oath. Florida gives you two paths.
Notarized Signature
The usual method is signing in front of a Florida notary public. The notary confirms your identity, administers the oath, and watches you sign. Under Florida Statute 117.05 the notary must verify identity through an acceptable ID that is current or issued within the past five years and bears a serial number, such as a Florida driver’s license or state ID, U.S. passport, U.S. military ID, or an out-of-state or foreign equivalent.3The Florida Legislature. Florida Code 117 – Notaries Public A credible-witness alternative exists if you have no qualifying ID; ask the notary before the appointment.
Written Declaration Under Penalty of Perjury
Florida Statute 92.525 lets a signed written declaration substitute for a notarized oath. The declaration must contain this exact language immediately 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.”4The Florida Legislature. Florida Code 92.525 – Verification of Documents; Perjury by False Written Declaration, Penalty Many State Attorney’s Offices still prefer a notarized original, and some require it. Call the office before relying on the declaration alone; a rejected form means starting over.
How and When to File
Deliver the signed, notarized affidavit to the State Attorney’s Office handling the case. Three practical options:
- Hand-delivery. Walk it in and ask for a date-stamped copy as your receipt. Fastest and most reliable.
- Certified mail with return receipt. Creates a paper trail if the timing of delivery ever matters.
- Electronic submission. A few circuits accept online filings, but most want an original ink signature. Call ahead.
Some victims also file a courtesy copy with the Clerk of the Court so the affidavit lands in the official docket where a judge will see it, even if the prosecutor never raises it.
File early. A prosecutor weighing whether to commit resources to a trial gives more weight to a victim’s wishes before witnesses have been prepped, subpoenas served, and evidence packaged. Once the state has invested in trial preparation, the affidavit becomes harder to act on, though it still goes in the file. The latest it can have any practical effect is before a verdict or plea, since those end the case either way.
What the Prosecutor Does With It
An Assistant State Attorney reads your affidavit alongside the rest of the evidence: 911 recordings, body-camera footage, photos of injuries, medical records, and other witness statements. The prosecutor is not required to drop anything because you asked. The State Attorney’s Office represents the State of Florida and can proceed without the victim’s cooperation if the independent evidence is enough.
This is especially true in domestic violence cases. Florida Statute 741.2901 sets a state policy of aggressive prosecution of domestic violence, and prosecutors are trained in evidence-based prosecution — building the case from 911 calls admitted under hearsay exceptions, responding officer testimony, and physical evidence rather than live victim testimony.5The Florida Legislature. Florida Code 741.28 – Domestic Violence; Definitions
If the prosecutor concludes the case cannot go forward without you and the remaining evidence is thin, the office files a nolle prosequi — a formal notice declining to prosecute.6Legal Information Institute. Nolle Prosequi That is not an acquittal. The state can refile the same charges, though speedy-trial rules limit the window.
One boundary worth stating plainly: filing the affidavit does not excuse you from a subpoena. If you are ordered to appear at trial, you must appear. Ignoring the subpoena can result in a contempt finding.
Legal Risks Before You Sign
Changing your mind about wanting prosecution is not itself a crime. Signing a sworn statement that contradicts what you told police, however, creates real exposure.
Perjury by Contradictory Statements
Under Florida Statute 837.021, making two or more contradictory statements under oath in official proceedings is a third-degree felony, punishable by up to five years in prison.7Florida Senate. Florida Code 837.021 – Perjury by Contradictory Statements8Florida Senate. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences, Etc. The state does not have to prove which statement is false, only that the two contradict each other and at least one must be untrue. There is a defense if you genuinely believed each statement was true when you made it.
False Reports to Law Enforcement
If your affidavit effectively says the original report was fabricated and no crime happened, you could face charges under Florida Statute 817.49 for filing a false police report, a first-degree misdemeanor carrying up to one year in jail and a $1,000 fine.9The Florida Legislature. Florida Code 817.49 – False Reports of Commission of Crimes; Penalty10The Florida Legislature. Florida Code 775.083 – Fines Florida Statute 837.05 separately covers knowingly giving false information about a crime that did occur — a first-degree misdemeanor on a first offense, a third-degree felony on a repeat.11The Florida Legislature. Florida Code 837.05 – False Reports to Law Enforcement Authorities
Perjury by False Written Declaration
If you use the Section 92.525 written declaration instead of a notarized oath, knowingly including false statements in it is itself a third-degree felony, up to five years in prison.4The Florida Legislature. Florida Code 92.525 – Verification of Documents; Perjury by False Written Declaration, Penalty
None of this is a reason to avoid filing if your wishes have genuinely changed. It is a reason to be careful about how you describe events. The safest approach is to say you do not want to participate in the prosecution without rewriting what happened. If your account of the facts has materially shifted since the police report, talk to an attorney before you sign.