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FL Administrative Rule (2025)

Rule/Regulation

State: Florida

Effective: August 05, 2025

Summary

A new rule adopted by the Florida Department of Corrections establishes a procedure for notarizing legal documents presented by inmates.

Affects

Amends Rule 33-210-102 of the Florida Administrative Code.

Changes
  1. Requires the warden of each prison institution to appoint one or more employees who are Notaries Public to notarize legal documents presented by inmates.
  2. Requires that each document presented by an inmate for notarization and mailing, where notarization is legally required, be notarized and mailed immediately, subject to the following conditions: (a) The Notary ascertains that the inmate can read and has read the document and understands its contents; or (b) The Notary reads the document to the inmate and ascertains that the inmate understands its contents.
  3. Prohibits an employee-Notary from accepting any document for notarization until the inmate indicates that the document is ready to be mailed or forwarded.
  4. Clarifies that an employee-Notary is not required to notarize the inmate’s personal file copy of the document.
  5. Provides that before notarizing an affidavit related to any legal material, the employee-Notary must inform the inmate that they are a Notary Public and that the inmate must swear to the truth of the statement in the affidavit.
  6. Specifies that when notarizing an affidavit related to any legal material, the employee-Notary must require the inmate to raise their right hand and respond affirmatively to the question: “Do you solemnly swear or affirm that the statements made in this affidavit are true?”
  7. Requires the employee-Notary to witness the inmate signing the affidavit after administering the oath.
Analysis

All inmates have a right of access to legal services, notarial services, and the courts. This new administrative rule is part of a broader rule adopted by the Florida Department of Corrections to establish a procedure for authenticating incoming legal mail from attorneys, with the goal of limiting the introduction of contraband through unauthorized legal mail.

Notaries designated by the warden of a prison must carefully follow the protocol established in the new rule. One noteworthy part of the protocol is that the Notary must ascertain that the inmate can read, has read the document, and understands the document’s contents, or the Notary must read the entire document to the inmate and ascertain if they have understood it before performing the notarial act. And, of course, since an affidavit is involved, the Notary must be sure to administer the oath or affirmation in the form prescribed.

Read the administrative rule (click “View Notice”, download the file (Word format), and scroll to Subsection (19).

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