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Fla. Stat. § 837.011 (2025)

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, 723 So. 2d 187 (Fla. 1998).
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State v. Ellis, 723 So. 2d 187 (Fla. 1998). · cites it 8× “§ 837.011(3), Fla. Stat. (1993) (emphasis added).”
State v. Witte, 451 So. 2d 950 (Fla. 3d DCA 1984). · cites it 11× “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, 722 So. 2d 824 (Fla. 1st DCA 1997). · cites it 11× “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, 466 So. 2d 293 (Fla. 3d DCA 1985). · cites it 5× “] The term "official proceeding" as used in Chapter 837 is defined in Section 837.011: [4] 837.011 Definitions.”
Nessmith v. State, 472 So. 2d 1248 (Fla. 1st DCA 1985). · cites it 6× “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, 374 So. 2d 1043 (Fla. 3d DCA 1979). · cites it 2× “" Section 837.011, Florida Statutes (1977) defines an "official proceeding" as: .”
State v. Diaz, 785 So. 2d 744 (Fla. 3d DCA 2001). · cites it 2× “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, 666 So. 2d 992 (Fla. 5th DCA 1996). · cites it 3× “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, 478 So. 2d 521 (Fla. 2d DCA 1985). · cites it 4× “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, 829 F. Supp. 2d 1219 (M.D. Fla. 2011). · cites it 2× “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, 553 So. 2d 294 (Fla. 1st DCA 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, 669 So. 2d 262 (Fla. 5th DCA 1995). · cites it 2× “§ 837.011(1), Fla.Stat. (1993). . Paragraph 903.”
Show all 23 citing cases →
— 837.011(1) — 6 cases
Jones v. State, 466 So. 2d 293 (Fla. 3d DCA 1985). “] The term "official proceeding" as used in Chapter 837 is defined in Section 837.011: [4] 837.011 Definitions.”
Sevin v. State, 478 So. 2d 521 (Fla. 2d DCA 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, 553 So. 2d 294 (Fla. 1st DCA 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, 669 So. 2d 262 (Fla. 5th DCA 1995). “§ 837.011(1), Fla.Stat. (1993). . Paragraph 903.”
Nessmith v. State, 472 So. 2d 1248 (Fla. 1st DCA 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, 723 So. 2d 187 (Fla. 1998). “§ 837.011(3), Fla. Stat. (1993) (emphasis added).”
State v. Ellis, 722 So. 2d 824 (Fla. 1st DCA 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, 785 So. 2d 744 (Fla. 3d DCA 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, 472 So. 2d 1248 (Fla. 1st DCA 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, 444 So. 2d 1102 (Fla. 1st DCA 1984).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 837 matters in the context of perjury and false statement defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.