What Is an Affidavit in Florida? Meaning, Rules, and When You Need One

Q: What does the word affidavit mean?

It comes from Medieval Latin affidavit, meaning "he has stated on oath." It entered English in the 1590s with the meaning of a written declaration upon an oath.

Daniel Reinfeld

5 days ago

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Hollywood Car Accident Lawyer | Daniel B Reinfeld, PA

Written and reviewed by Daniel B. Reinfeld, Esq. | Last updated October 26, 2026

An affidavit is a written statement of facts that the signer swears or affirms is true, usually in front of a notary. In Florida, it carries the same weight as testimony for many purposes, and a knowingly false affidavit is a crime.

What is an affidavit?

An affidavit is a voluntary, written, sworn statement of facts. The person who makes it is called the affiant. The affiant states facts they know, swears or affirms they are true, signs, and the signature is witnessed by an officer who can administer oaths, most often a notary public.

Three features define it. It is in writing. It is made under oath or affirmation, which means it is made under penalty of perjury. And it is based on facts the affiant personally knows. An affidavit is not an opinion piece or a letter of support. In a legal case, it is evidence.

What is the etymology of the word affidavit?

Affidavit is Medieval Latin for "he has stated on oath," the third-person past form of affidare, built from ad ("to") and fidare ("to trust"), and it was the opening word of sworn written statements before entering English in the 1590s.

What does an affidavit do in a Florida legal case?

An affidavit puts facts in front of a court or an agency without live testimony. Lawyers use them to support or oppose motions, to prove facts that are not disputed, to authenticate records, and to give a court evidence when a witness cannot appear.

The best-known use in civil litigation is summary judgment. Under Florida Rule of Civil Procedure 1.510(c)(4), an affidavit or declaration used to support or oppose a motion for summary judgment must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. An affidavit that fails any of the three can be struck and ignored by the judge.

Outside court, people sign affidavits for banks, insurers, government agencies, title companies, and employers. The legal weight is the same: you are swearing the facts are true.

What makes an affidavit valid in Florida?

A valid Florida affidavit has five parts: a title and identification of the affiant, numbered statements of fact, a statement that the facts are true, the affiant's signature, and a notary's jurat or an equivalent verification.

The title identifies the document, such as "Affidavit of [Name]," and if it is filed in a case it carries the caption. The body states facts in numbered paragraphs, each one something the affiant saw, did, or knows firsthand. The oath or affirmation language states that the facts are true. The affiant signs. And the officer completes the jurat, the certificate that the statement was sworn to.

Florida's jurat is set out in section 117.05(13)(a), Florida Statutes. The certificate reads, in substance: "Sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization," followed by the date and the name of the person making the statement. The notary must also sign, affix a seal, and print or type their name.

Content matters as much as form. Stick to facts. Do not include opinions, hearsay, or conclusions about what the law requires. An affidavit full of "I believe" and "upon information" statements invites a motion to strike.

Does an affidavit need to be notarized in Florida?

An affidavit must be sworn before an authorized officer, and a notary is the usual one. Section 92.525(1), Florida Statutes, allows verification of a document to be made under oath or affirmation taken before an officer authorized under section 92.50, or under oath taken by an officer authorized under section 117.10, or by signing the written declaration described below.

That third path is the exception. When a Florida law requires a document to be verified, the statute lets you sign a written declaration instead of going before a notary. A signature alone, with no oath and no declaration, is not an affidavit. It is simply a signed statement, and it carries no perjury exposure and little evidentiary weight.

Florida notaries can also complete the jurat remotely. The statutory certificate includes a choice between physical presence and online notarization.

What is the difference between an affidavit and a declaration under penalty of perjury?

An affidavit is sworn before an officer, while a declaration is a signed statement made under penalty of perjury without an officer. Section 92.525(2) prescribes the wording: "Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true." The declaration must be printed or typed at the end of, or immediately below, the document being verified. "To the best of my knowledge and belief" may be added when the law permits verification on information and belief.

Both carry criminal exposure. Under section 92.525(3), a person who makes a false declaration is guilty of perjury by false written declaration, a third-degree felony. In summary judgment practice, Rule 1.510(c)(4) names "affidavit or declaration" together, so a proper declaration can support a motion just as an affidavit can.

Do not assume a declaration will work. Some documents, including certain oaths and acknowledgments, still require an officer, and section 92.525 has limits. When a statute, rule, or agency says "notarized affidavit," give it a notarized affidavit.

What happens if you lie in an affidavit in Florida?

Lying in an affidavit is perjury. The penalty depends on where the statement is made. A false statement under oath in an official proceeding is a third-degree felony under section 837.02(1), Florida Statutes. A false statement under oath outside an official proceeding is a first-degree misdemeanor under section 837.012(1). A false written declaration under section 92.525(3) is a third-degree felony. An affidavit filed in a lawsuit is a statement in a court proceeding.

Section 837.012(2) adds that the person need not know the statement is material, and a mistaken belief that it was immaterial is not a defense. In practice, the fix is simple. Do not swear to facts you do not know. A careful affidavit says only what the affiant saw or did.

A false affidavit also damages the case. The other side will use it to impeach the affiant, a court can strike it, and a judge may sanction a party who files one in bad faith. Rule 1.510(h) addresses an affidavit or declaration submitted in bad faith or solely for delay.

Who can administer the oath?

A notary public is the usual officer, and Florida notaries administer oaths under chapter 117, Florida Statutes. Section 92.525(1) also points to the officers listed in section 92.50, and to officers authorized under section 117.10.

Do not sign before you meet the officer. A notary takes your oath. They are not witnessing a signature you made earlier at home. Bring government-issued photo identification, because the certificate records whether the notary personally knew you or you produced identification.

When might an injured person be asked to sign an affidavit?

An injured person is usually asked to sign one by an insurance company, a defense lawyer, or a records custodian. Each deserves care before you sign.

An insurer may send an affidavit of no other insurance, an affidavit regarding household members, or a release-like document it calls an affidavit. Defense counsel may ask for one to resolve a disputed fact. A records custodian, such as a hospital billing clerk or an employer's payroll manager, may sign an affidavit that authenticates records the case depends on.

Anything you swear to can be quoted back to you at a deposition or at trial. A single wrong date or an overbroad statement becomes a credibility problem. Do not sign a document an insurer sends until your lawyer has read it. If you are unrepresented and must sign, read every sentence, correct anything you do not know firsthand, and never swear to something because someone else wrote it that way.

My articles on what a deposition is in Florida and what a subpoena is in Florida explain two other places where your sworn words matter.

What is the difference between an affidavit, a deposition, and a recorded statement?

An affidavit is a statement you write and swear to, a deposition is oral testimony under oath with the other side questioning you, and a recorded statement is a conversation with an insurer that is recorded but is usually not under oath. The affidavit gives you the most control over the words. The deposition gives the other side the most control. The recorded statement carries the least formal protection and often the most risk for an injured person, because the questions are written by the party adjusting the claim.

Frequently Asked Questions

What is an affidavit in simple terms?

An affidavit is a written statement of facts that you swear is true before a notary or other authorized officer. If you knowingly put a false statement in one, you can be prosecuted for perjury.

What does the word affidavit mean?

It comes from Medieval Latin affidavit, meaning "he has stated on oath." It entered English in the 1590s with the meaning of a written declaration upon an oath.

Does an affidavit have to be notarized in Florida?

An affidavit must be sworn before an authorized officer, and a notary is the usual one. Section 92.525 also lets a written declaration under penalty of perjury satisfy a verification requirement in many cases, but a plain signed statement is not an affidavit.

What is the difference between an affidavit and a declaration?

An affidavit is sworn before an officer. A declaration is signed under penalty of perjury without an officer, using the wording in section 92.525(2). A false declaration is a third-degree felony under section 92.525(3).

What are the requirements for an affidavit in a Florida lawsuit?

Under Rule 1.510(c)(4), an affidavit or declaration used for summary judgment must be made on personal knowledge, set out facts admissible in evidence, and show that the affiant is competent to testify to the matters stated.

What happens if I lie in an affidavit?

A false statement under oath in an official proceeding is a third-degree felony under section 837.02(1), and outside an official proceeding it is a first-degree misdemeanor under section 837.012. A false written declaration is a third-degree felony under section 92.525(3).

Can I write my own affidavit?

Yes. There is no required form beyond the elements above. Keep it to facts you know firsthand, number the paragraphs, include the oath language, and sign before the notary, not before.

Can an affidavit be notarized online in Florida?

Yes. The jurat in section 117.05(13)(a) includes a choice between physical presence and online notarization.

Call Today. Discuss Your Sworn Statement Directly With Dan

Before you swear to anything in an injury claim, talk to a lawyer. When you call Daniel B. Reinfeld, PA, you speak directly with Dan, not a call center, and he handles your case personally. Dan has practiced law in Florida for more than 25 years and spent years defending insurance claims before representing injured people, so he knows how the other side uses what you sign. Consultations are free, and there is no fee unless we recover for you. Dan meets by phone, Zoom, at the hospital, or at your home, with evening and weekend appointments available.

Call (954) 923-6110 or email dan@reinfeldlaw.com.

Hollywood office: 2450 Hollywood Boulevard, Suite 706, Hollywood, FL 33020. Open Monday through Friday, 9:00 a.m. to 5:00 p.m., with 24/7 live telephone answering. Fort Lauderdale consultations by appointment at 110 SE 6th Street, Suite 1700, Fort Lauderdale, FL 33301.

Sources: Section 92.525, Florida Statutes (Verification of documents); Florida Department of State, Sample Notarial Statements (jurat under section 117.05(13)(a), Florida Statutes); Florida Rule of Civil Procedure 1.510, Summary Judgment; Section 837.012, Florida Statutes (Perjury not in an official proceeding); Chapter 837, Florida Statutes (Perjury); Online Etymology Dictionary, "affidavit".

This article provides general information about Florida law. It is not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and you should speak with a lawyer about your situation.