Florida Statute 837.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 837
PERJURY

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F.S. 837.011

837.011 Definitions.—In this chapter, unless a different meaning plainly is required:

(1) “Official proceeding” means a proceeding heard, or which may be or is required to be heard, before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, general or special magistrate, administrative law judge, hearing officer, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding.

(2) “Oath” includes affirmation or any other form of attestation required or authorized by law by which a person acknowledges that he or she is bound in conscience or law to testify truthfully in an official proceeding or other official matter.

(3) “Material matter” means any subject, regardless of its admissibility under the rules of evidence, which could affect the course or outcome of the proceeding. Whether a matter is material in a given factual situation is a question of law.

History.—s. 53, ch. 74-383; s. 316, ch. 96-410; s. 1823, ch. 97-102; s. 98, ch. 2004-11.

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Amendments to 837.011

Annotations, Discussions, Cases:

Cases Citing Statute 837.011

Total Results: 23

Schramm v. State

374 So. 2d 1043

District Court of Appeal of Florida | Filed: Aug 7, 1979 | Docket: 430647

Cited 9 times | Published

were made during an "official proceeding." Section 837.011, Florida Statutes (1977) defines an "official

State v. Ellis

723 So. 2d 187, 1998 WL 716702

Supreme Court of Florida | Filed: Oct 15, 1998 | Docket: 1319920

Cited 6 times | Published

1997), wherein the district court declared section 837.011(3), Florida Statutes (1993), unconstitutional

State v. Adkins

553 So. 2d 294, 1989 WL 145724

District Court of Appeal of Florida | Filed: Nov 30, 1989 | Docket: 1259218

Cited 5 times | Published

official proceeding... ." (emphasis added). Section 837.011(1), Fla. Stat. (1987) states: "Official proceeding"

Jones v. State

466 So. 2d 293, 10 Fla. L. Weekly 522

District Court of Appeal of Florida | Filed: Feb 26, 1985 | Docket: 438358

Cited 4 times | Published

remember. There's nothing wrong with amnesia. Section 837.011(1), Florida Statutes (1979), defines an official

State v. Witte

451 So. 2d 950

District Court of Appeal of Florida | Filed: Jun 12, 1984 | Docket: 1482637

Cited 4 times | Published

official proceeding as that term is defined by Section 837.011, Florida Statutes (1981), so as to subject

Nessmith v. State

472 So. 2d 1248, 10 Fla. L. Weekly 1584

District Court of Appeal of Florida | Filed: Jun 24, 1985 | Docket: 1793470

Cited 3 times | Published

applying to notaries and court reporters. Section 837.011(1) provides: "Official proceeding" means a

Kline v. State

444 So. 2d 1102

District Court of Appeal of Florida | Filed: Jan 30, 1984 | Docket: 1510728

Cited 3 times | Published

alternative grounds that the perjury statute, and Section 837.011(3), providing that whether a matter is "material"

Kline v. State

444 So. 2d 1102

District Court of Appeal of Florida | Filed: Jan 30, 1984 | Docket: 1510728

Cited 3 times | Published

alternative grounds that the perjury statute, and Section 837.011(3), providing that whether a matter is "material"

State v. Diaz

785 So. 2d 744, 2001 WL 575118

District Court of Appeal of Florida | Filed: May 30, 2001 | Docket: 450317

Cited 2 times | Published

pervert justice. Wolfe, 271 So.2d at 134. See § 837.011(3), Fla. Stat. (2000)(defining "material matter"

State v. Ellis

722 So. 2d 824, 1997 WL 268503

District Court of Appeal of Florida | Filed: May 22, 1997 | Docket: 1669348

Cited 2 times | Published

challenging the trial court's determination that section 837.011(3), Florida Statutes, is unconstitutional in

Tardif v. People for the Ethical Treatment of Animals

829 F. Supp. 2d 1219, 2011 WL 5357564, 2011 U.S. Dist. LEXIS 128092

District Court, M.D. Florida | Filed: Nov 4, 2011 | Docket: 65977096

Cited 1 times | Published

not “official proceeding”); see also Fla. Stat. § 837.011. . Count VII was withdrawn by plaintiff at the

Soller v. State

666 So. 2d 992, 1996 Fla. App. LEXIS 261, 1996 WL 16557

District Court of Appeal of Florida | Filed: Jan 19, 1996 | Docket: 64761716

Cited 1 times | Published

Barbu-to, 571 So.2d 484 (Fla. 2d DCA 1990); see also § 837.011(3). In Barbuto, the perjury charge arose out of

OREN MILLER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 9, 2023 | Docket: 68003690

Published

given factual situation is a question of law.” § 837.011(3), Fla. Stat. (emphasis added). Accordingly,

DAMIEN HERMAN GILLIAMS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 67174387

Published

the issue of materiality is a question of law. § 837.011(3), Fla. Stat. (2019) (defining “[m]aterial matter”

PAMELA PARRIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 67174381

Published

given factual situation is a question of law.” § 837.011(3), Fla. Stat. (2019). “To be material, statements

ALEX NUNES v. VALERIE HERSCHMAN, etc.

District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084948

Published

of perjury in an official proceeding under section 837.011, Florida Statutes (2017). The trial court

State v. Calabrese

840 So. 2d 1068, 2003 Fla. App. LEXIS 886, 2003 WL 201316

District Court of Appeal of Florida | Filed: Jan 31, 2003 | Docket: 64821588

Published

statements under oath which contradict each other.” Section 837.011(3), Florida Statutes, defines material matter

State v. Sims

736 So. 2d 1219, 1999 Fla. App. LEXIS 7357, 1999 WL 346127

District Court of Appeal of Florida | Filed: Jun 2, 1999 | Docket: 64789371

Published

granted, and the circuit court’s order finding section 837.011(3), Florida Statutes, to be unconstitutional

State v. Sims

720 So. 2d 213, 23 Fla. L. Weekly Supp. 544, 1998 Fla. LEXIS 1912, 1998 WL 716704

Supreme Court of Florida | Filed: Oct 15, 1998 | Docket: 64784067

Published

The trial court found the perjury statute, section 837.011(3), Florida Statutes (1995), unconstitutional

Laboo v. State

715 So. 2d 1034, 1998 Fla. App. LEXIS 9479, 1998 WL 427077

District Court of Appeal of Florida | Filed: Jul 27, 1998 | Docket: 64782138

Published

Weekly D1298 (Fla. 1st DCA 1997) (holding section 837.011(3) to be unconstitutional to the extent it

Anderson v. State

669 So. 2d 262, 1995 Fla. App. LEXIS 6580, 1995 WL 358094

District Court of Appeal of Florida | Filed: Jun 16, 1995 | Docket: 64762849

Published

deposition in connection with any such proceeding. § 837.011(1), Fla.Stat. (1993). . Paragraph 903.035(1)(a)

Kirkland v. State

495 So. 2d 831, 11 Fla. L. Weekly 2118, 1986 Fla. App. LEXIS 9986

District Court of Appeal of Florida | Filed: Oct 6, 1986 | Docket: 64622206

Published

concurs. JOANOS, J., dissents with opinion. . Section 837.011(1), Florida Statutes (1985) defines "official

Sevin v. State

478 So. 2d 521, 10 Fla. L. Weekly 2581, 1985 Fla. App. LEXIS 16981

District Court of Appeal of Florida | Filed: Nov 22, 1985 | Docket: 64615551

Published

to an “official proceeding” as defined in section 837.011(1), Florida Statutes (1983), when the investigation