837.011
Definitions.
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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.
Notes of Decisions
Cited in 23
cases (5 in the last 5 years), 1979–2023 · leading case: State v. Ellis
State v. Ellis (1998)
“§ 837.011(3), Fla. Stat. (1993) (emphasis added).”
State v. Witte (1984)
“The question in this appeal, one of first impression, is whether a pre-filing conference called by an assistant state attorney is an official proceeding as that term is defined by Section 837.011, Florida Statutes (1981), so as to subject the defendant to a charge of perjury…”
State v. Ellis (1997)
“The petitioner seeks a writ of certiorari, challenging the trial court's determination that section 837.011(3), Florida Statutes, is unconstitutional in describing the issue of materiality in a perjury prosecution as a "question of law" so as to remove the issue from the jury.”
Jones v. State (1985)
“] The term "official proceeding" as used in Chapter 837 is defined in Section 837.011: [4] 837.011 Definitions.”
Nessmith v. State (1985)
“The judgment below should be affirmed since the evidence showed that there was an "official proceeding" [1] within the meaning of Section 837.011, Florida Statutes which states, in pertinent part as follows "(1) `Official proceeding' means a proceeding heard, or which may be or…”
Schramm v. State (1979)
“" Section 837.011, Florida Statutes (1977) defines an "official proceeding" as: .”
State v. Diaz (2001)
“See § 837.011(3), Fla. Stat. (2000)(defining "material matter" as "any subject, regardless of its admissibility under the rules of evidence, which could affect the course or outcome of the proceeding").”
Soller v. State (1996)
“04, Florida Statutes, which provides the state attorney with the authority to summon witnesses to testify before him as to any violations of the criminal law, the pre-filing conference is an official proceeding within the meaning of section 837.011, Florida Statutes (1993).”
Sevin v. State (1985)
“021 is proper where the contradictory statements are made to a sheriff’s deputy during a criminal investigation *523 when the deputy also happens to be a notary public. We do not perceive it to have been the legislative intent to elevate all such criminal investigations by law…”
Tardif v. People for the Ethical Treatment of Animals (2011)
“3rd DCA 1979) (finding statement under oath to police is not “official proceeding”); see also Fla. Stat. § 837.011 . . Count VII was withdrawn by plaintiff at the final pretrial hearing.”
State v. Adkins (1989)
“Section 837.011(1), Fla. Stat. (1987) states: "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…”
Anderson v. State (1995)
“§ 837.011(1), Fla.Stat. (1993). . Paragraph 903.”
— 837.011(1) — 6 cases
Jones v. State (1985)
“] The term "official proceeding" as used in Chapter 837 is defined in Section 837.011: [4] 837.011 Definitions.”
Sevin v. State (1985)
“021 is proper where the contradictory statements are made to a sheriff’s deputy during a criminal investigation *523 when the deputy also happens to be a notary public. We do not perceive it to have been the legislative intent to elevate all such criminal investigations by law…”
State v. Adkins (1989)
“Section 837.011(1), Fla. Stat. (1987) states: "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…”
Anderson v. State (1995)
“§ 837.011(1), Fla.Stat. (1993). . Paragraph 903.”
Nessmith v. State (1985)
“The judgment below should be affirmed since the evidence showed that there was an "official proceeding" [1] within the meaning of Section 837.011, Florida Statutes which states, in pertinent part as follows "(1) `Official proceeding' means a proceeding heard, or which may be or…”
— 837.011(3) — 14 cases
State v. Ellis (1998)
“§ 837.011(3), Fla. Stat. (1993) (emphasis added).”
State v. Ellis (1997)
“The petitioner seeks a writ of certiorari, challenging the trial court's determination that section 837.011(3), Florida Statutes, is unconstitutional in describing the issue of materiality in a perjury prosecution as a "question of law" so as to remove the issue from the jury.”
State v. Diaz (2001)
“See § 837.011(3), Fla. Stat. (2000)(defining "material matter" as "any subject, regardless of its admissibility under the rules of evidence, which could affect the course or outcome of the proceeding").”
Nessmith v. State (1985)
“The judgment below should be affirmed since the evidence showed that there was an "official proceeding" [1] within the meaning of Section 837.011, Florida Statutes which states, in pertinent part as follows "(1) `Official proceeding' means a proceeding heard, or which may be or…”
Kline v. State (1984)
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