Detailed answer — what Florida law says and what that means for you

Why you can refuse

An affidavit is a written statement sworn to be true under penalty of law. In Florida, making a false sworn statement can expose a person to criminal liability (see the perjury statute, Fla. Stat. § 837.02). That law makes it unlawful to willfully and knowingly make a false statement under oath. For that reason, you have every right to refuse to sign an affidavit if you are unsure about the accuracy of the facts it contains.

See: Fla. Stat. § 837.02 (Perjury).

When you must still provide basic information at a crash scene

If you were a driver involved in the crash, Florida law requires certain immediate actions at the scene — for example, stopping and providing identification, vehicle registration, and proof of insurance when required. See Fla. Stat. § 316.062. But being required to give basic identification is different from being required to sign a sworn affidavit about what you think you saw.

When refusing may not prevent future obligations

Even if you refuse to sign an affidavit at the scene, you might later receive a subpoena to provide testimony in court or at an administrative proceeding. If law enforcement or a prosecutor later issues a subpoena, you generally must appear and testify unless a valid legal privilege applies. If a question could incriminate you, you may decline to answer on Fifth Amendment grounds. If you are concerned about later legal exposure, consult an attorney before giving sworn testimony.

Criminal penalties for knowingly false reports

Florida also criminalizes knowingly making false reports to law enforcement (see Fla. Stat. § 837.05). That reinforces the general rule: do not provide facts you know are false, and avoid guessing when you are uncertain.

How signing affects you

• Signing an affidavit usually means you swear under oath that the written statements are true.
• If you sign and later it’s shown you knowingly lied, you risk criminal charges such as perjury or making a false report.
• If you are simply mistaken (not intentional), this is less likely to be treated as a crime, but corrections should be made promptly and documented.

What to say and do if you’re unsure

If someone asks you to sign a statement and you are not sure about the details, follow these steps:

1. Don’t guess. Say clearly that you are unsure about particular points.
2. Offer only facts you directly observed (what you saw, heard, time, place). Avoid conclusions or assumptions about speed, fault, or who was distracted.
3. Ask that any written statement include qualifying language such as “to the best of my recollection” or specific caveats about uncertain facts.
4. Ask for a copy of anything you sign. If you refuse to sign, ask for the name and badge number of the officer and whether your refusal will be noted on the report.
5. If you feel pressured or worry your answers could involve you legally, politely decline and request to speak to an attorney.

If police or an investigator press you to sign

Police and crash investigators often ask witnesses to sign statements. Most of the time they want confirmation that the written account reflects what you said. You may lawfully decline to sign if you disagree with or are unsure about portions of the statement. Remain calm, state the parts you won’t confirm, and request revision. Officers generally prefer a clear record; they will often note on their report if a witness refused to sign.

When to get legal help

Contact an attorney if:

• You believe your statements could expose you to criminal liability.
• You are a party to the crash and the account may affect insurance or legal claims.
• Authorities indicate you must sign or face penalties.

Reminder: This article explains common rules and Florida statutes that relate to sworn statements. It does not create an attorney-client relationship.

Helpful Hints

• If unsure, say “I don’t recall” or “I’m not sure” rather than guessing.
• Stick to direct observations: positions, colors, lights, where people were, what you heard — not speculations about causes.
• Request that qualifying language be added (for example, “to the best of my recollection”).
• Ask for and keep a copy of any report or affidavit you sign, or note if you refused to sign.
• Write down your own notes and take photos at the scene while memories are fresh.
• If you fear criminal exposure, consult a lawyer before making a sworn statement; you may have the right to remain silent on specific questions.
• Know the laws: perjury and false reporting are criminal offenses in Florida. See Fla. Stat. § 837.02 and Fla. Stat. § 837.05.