Oath vs Affirmation Florida Notary: A Simple Guide for Signers
- Dennis LaRue
- Apr 13
- 3 min read
“What do I need to do to get this notarized?”
That is one of the most common questions a Florida notary public hears. If your document requires a sworn statement, you may also hear the words “oath” or “affirmation.”
Let’s walk through this together in a simple, step-by-step way—just like a conversation between a signer and a notary.
What Is the Notary’s Role?
Signer: “Can you explain my document?”
Notary: “I can explain the process, but not the content of your document.”
Under Florida Statute Chapter 117, a notary public’s job is to:
Confirm your identity
Make sure you are signing willingly
Administer an oath or affirmation when required
Complete the notarial certificate correctly
A notary cannot give legal advice or explain what your document means. If you have questions about the content, you should speak with an attorney.
When Do You Need an Oath or Affirmation?
You the Signer: “How do I know if I need one?”
Notary: “If your document includes a sworn statement, you will need either an oath or an affirmation.”
This usually applies to:
Affidavits
Sworn statements
Depositions
Some court-related documents
Florida law requires that when a document is sworn, the signer must declare that the information is true.
What Is an Oath?
You the Signer: “What is an oath?”
Notary: “An oath is a spoken promise where you swear that your statement is true, often calling on a higher power.”
A simple example of an oath in Florida might sound like this:
“Do you swear that the statements in this document are true, so help you God?”
When you take an oath:
You are making a serious promise
It is often tied to religious beliefs
You are legally responsible for telling the truth
What Is an Affirmation?
You the Signer: “What if I don’t want to swear to God?”
Notary: “That’s perfectly fine. You can choose an affirmation instead.”
An affirmation is a non-religious promise. It has the same legal effect as an oath.
A simple affirmation may sound like this:
“Do you affirm that the statements in this document are true?”
When you choose an affirmation:
No religious reference is used
You are still making a legal promise of truthfulness
It carries the same legal weight as an oath
Oath vs Affirmation: What’s the Difference?
Let’s make oath vs affirmation very simple:
Oath → Religious promise (may mention God)
Affirmation → Non-religious promise
Both are legally equal under Florida law
You the Signer: “So it doesn’t matter which one I choose?”
Notary: “Correct. Florida law allows you to choose the one you are most comfortable with.”
What Happens During the Notarization?
Here is what you can expect during your appointment:
Step 1: Identification
The notary will ask for a valid, government-issued ID.
Step 2: Review the Document
The notary checks that:
The document is complete
You understand you are signing it
You are not being forced
Step 3: Oath or Affirmation
The notary will ask you a question like:
“Do you swear…?” (oath)
“Do you affirm…?” (affirmation)
You must answer out loud, such as:
“Yes”
“I do”
Step 4: Signing the Document
You will sign the document in the notary’s presence.
Step 5: Notary Completion
The notary completes the certificate and applies their seal.
Why Is This Step So Important?
Taking an oath or affirmation is not just a formality.
It means:
You are stating the information is true and correct
You understand there are legal consequences for false statements
The document can be relied upon by others
In Florida, giving false information under oath or affirmation can lead to serious legal penalties.
Common Questions People Ask
“Can I skip the oath or affirmation?”
No. If the document requires it, the notary must administer it.
“Do I have to raise my hand?”
Not required in Florida, but some notaries may include it as part of the process.
“Can I choose affirmation every time?”
Yes. Florida law allows you to choose.
“Do I need to memorize anything?”
No. The notary will guide you through the exact wording.
A Simple Way to Remember
If you take nothing else from this guide, remember this:
Oath = swear
Affirmation = promise
Both mean you are telling the truth under Florida law
Final Thoughts
You the Signer: “So what do I need to do next?”
Notary: “Bring your ID, review your document, and be ready to answer truthfully.”
That’s it.
The process is simple, but the responsibility is important. A Florida notary public is there to guide the process, make sure everything is done properly, and help you complete your notarization with confidence.
Important Disclaimer
This guide is for general informational purposes only and is based on Florida Statute Chapter 117. It is not legal advice. If you have questions about your document, please consult a qualified attorney
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