Florida Statutes

Fla. Stat. § 837.012 (2025)

Perjury when not in an official proceeding.

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837.012 Perjury when not in an official proceeding.—

(1) Whoever makes a false statement, which he or she does not believe to be true, under oath, not in an official proceeding, in regard to any material matter shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant’s mistaken belief that his or her statement was not material is not a defense.

History.—s. 2, ch. 1637, 1868; RS 2560; GS 3472; RGS 5341; CGL 7474; s. 997, ch. 71-136; s. 54, ch. 74-383; s. 32, ch. 75-298; s. 205, ch. 91-224; s. 1310, ch. 97-102.

Note.—Former s. 837.01.

Arrestable Offenses under F.S. 837.012

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§837.012PERJURYNOT IN OFFICIAL PROCEEDINGM · 1st

Notes of Decisions

Cited in 23 cases (2 in the last 5 years), 1979–2023 · leading case: Nessmith v. State, 472 So. 2d 1248 (Fla. 1st DCA 1985).

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Nessmith v. State, 472 So. 2d 1248 (Fla. 1st DCA 1985). · cites it 7× “02), a felony; and perjury when not in an official proceeding (section 837.012), a misdemeanor. [6] Since the question before us is whether making a sworn statement before a notary public acting as an "official court reporter" [7] constitutes an "official proceeding," we begin…”

Simpson v. State, 100 So. 3d 1258 (Fla. 4th DCA 2012). · cites it 2× “See § 837.012, Fla. Stat. (2010) ("Perjury when not in an official proceeding”).”

Veldora Arthur v. JP Morgan Chase Bank, N.A., 569 F. App'x 669 (11th Cir. 2014). “02 (defining felony perjury); Fla. Stat. § 837.012 (defining misdemeanor perjury).”

Stand. Jury Instructions-Crim. Cases, 603 So. 2d 1175 (Fla. 1992). “[Page A-63] *1241 PERJURY (Amended) (NOT IN AN OFFICIAL PROCEEDING F.S. 837.012) (IN AN OFFICIAL PROCEEDING F.”

Robinson v. State, 455 So. 2d 481 (Fla. 5th DCA 1984). · cites it 3× “It was therefore given under oath and Lesiak was subject to the penalty of perjury under section 837.012, Florida Statutes (1983).”

Owner's Adjustment Bureau, Inc. v. Ott, 402 So. 2d 466 (Fla. 3d DCA 1981). · cites it 2× “(1979); see § 837.012, Fla. Stat. (1979). [3] But where a communication is reasonably susceptible of two meanings, one of which is libelous and one of which is not, it is for the jury to decide whether those who read the language in fact understood it as libelous.”

McAlpin v. Crim. Just. Standards & Training Comm'n, 155 So. 3d 416 (Fla. 1st DCA 2014). · cites it 2× “Appellant was also charged with perjury for supposedly making “a false statement, which he .”

Ware v. State, 111 So. 3d 257 (Fla. 1st DCA 2013). · cites it 5× “021, Florida Statutes (2008), felony perjury by contradictory statements; section 837.012, Florida Statutes, misdemeanor perjury when not in an official proceeding; or section 837.”

Jones v. State, 466 So. 2d 293 (Fla. 3d DCA 1985). · cites it 2× “Solicitation to commit the offense is one degree removed from actual commission of the offense.”

State v. Adkins, 553 So. 2d 294 (Fla. 1st DCA 1989). · cites it 2× “For purposes of contrast, section 837.012, Fla. Stat. (1987), which appellants were not charged under, reads the same but pertains to false statements made " under oath, [but] not in an official proceeding .”

State v. Witte, 451 So. 2d 950 (Fla. 3d DCA 1984). · cites it 2× “In contrast, Section 837.012, Florida Statutes (1981), makes perjury when not in an official proceeding a misdemeanor of the first degree.”

Baiton v. Carnival Cruise Lines, Inc., 661 So. 2d 313 (Fla. 3d DCA 1995). “Since perjury is a crime, see §§ 837.012, 837.02, Fla. Stat. (1993), Baiton asserts that his allegations state a cause of action under section 448.”

Show all 23 citing cases →

— 837.012(1) — 3 cases

McAlpin v. Crim. Just. Standards & Training Comm'n, 155 So. 3d 416 (Fla. 1st DCA 2014). “Appellant was also charged with perjury for supposedly making “a false statement, which he .”

Robinson v. State, 455 So. 2d 481 (Fla. 5th DCA 1984). “It was therefore given under oath and Lesiak was subject to the penalty of perjury under section 837.012, Florida Statutes (1983).”

Damien Herman Gilliams v. State of Florida (Fla. 4th DCA 2023).

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