Florida Statutes
Fla. Stat. § 837.02 (2025)
Perjury in official proceedings.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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837.02 Perjury in official proceedings.—
(1) Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding that relates to the prosecution of a capital felony, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Knowledge of the materiality of the statement is not an element of the crime of perjury under subsection (1) or subsection (2), and the defendant’s mistaken belief that the statement was not material is not a defense.
History.—s. 1, sub-ch. 6, ch. 1637, 1868; RS 2561; GS 3473; RGS 5343; CGL 7477; s. 998, ch. 71-136; s. 55, ch. 74-383; s. 33, ch. 75-298; s. 3, ch. 97-90; s. 1311, ch. 97-102.
Arrestable Offenses under F.S. 837.02
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§837.02(1)PERJURYMAKE FALSE AFFIDAVIT IN OFFICIAL PROCEEDING
§837.02(2)FRAUD-FALSE STATEMENTMAKE FALSE STMT IN PROSECUTION OF CAP FELONY
§837.02PERJURYRENUMBERED. SEE REC # 8511
Notes of Decisions
Cited in 90
cases (7 in the last 5 years), 1951–2025 · leading case: State of Florida v. Chester Ralph Kwitowski, Jr., 250 So. 3d 210 (Fla. 2d DCA 2018).
State of Florida v. Chester Ralph Kwitowski, Jr., 250 So. 3d 210 (Fla. 2d DCA 2018). “§ 837.02(1). The second-degree perjury statute thus carves out for more severe treatment perjury in an official proceeding relating to the prosecution of a capital felony.”
State v. Anderson, 695 So. 2d 309 (Fla. 1997). “5th DCA 1995), wherein the court certified the following question: Whether the double jeopardy clause permits a defendant to be convicted and sentenced under both section 837.02, Florida Statutes (1991), perjury in an official proceeding, and section 903.”
Adams v. Murphy, 394 So. 2d 411 (Fla. 1981). “Adams was charged with the crime of perjury in violation of section 837.02, Florida Statutes (1973). It was alleged that he had lied to a grand jury.”
Tribune Co. v. Green, 440 So. 2d 484 (Fla. 2d DCA 1983). “Judge Leon was charged in the indictment summarized as follows: Count 1 charged that Judge Leon violated section 837.02(1), Florida Statutes, when he stated under oath before the JQC that he did not attempt to influence Judge Merckle in his sentencing functions, whereas in truth…”
State v. Witte, 451 So. 2d 950 (Fla. 3d DCA 1984). “011, Florida Statutes (1981), so as to subject the defendant to a charge of perjury under Section 837.02, Florida Statutes (1981). Count One of the information charged Witte with perjury in an official proceeding in violation of Section 837.”
Jones v. State, 466 So. 2d 293 (Fla. 3d DCA 1985). “On the substantive issues, the implicit majority holdings are (1) as a matter of law, a State Attorney investigation is an official proceeding for the purpose of the perjury statute, § 837.02, Fla. Stat. (1979), and (2) an accused may be convicted of solicitation to commit…”
Butterworth v. Smith, 494 U.S. 624 (1990). “Florida provides substantial criminal *634 penalties for both perjury and tampering with witnesses, see Fla. Stat. §§ 837.02 , 914.22 (1989), and its courts have subpoena and contempt powers available to bring recalcitrant witnesses to the stand.”
State v. Ellis, 722 So. 2d 824 (Fla. 1st DCA 1997). “The petitioner asserts that materiality is not an element of the perjury prosecution in the present case, which was pursued under section 837.02, Florida Statutes. However, Florida cases have acknowledged that materiality is an element of the crime of perjury, e.”
Nessmith v. State, 472 So. 2d 1248 (Fla. 1st DCA 1985). “On May 13, 1983, James William Nessmith was convicted of perjury in an official proceeding in violation of section 837.02, Florida Statutes. [1] He presents four points *1250 on appeal, three of which we find unmeritorious.”
Inquiry Concerning Davey, 645 So. 2d 398 (Fla. 1994). “§ 837.02, Fla. Stat. (1993) ("Whoever makes a false statement, which he does not believe to be true, under oath in an official proceeding in regard to any material matter shall be guilty of [perjury].”
Iacono v. State, 930 So. 2d 829 (Fla. 4th DCA 2006). “See § 837.02, Fla. Stat. (describing the third-degree felony of perjury in an official proceeding).”
Veldora Arthur v. JP Morgan Chase Bank, N.A., 569 F. App'x 669 (11th Cir. 2014). “Fla. Stat. § 837.02 (defining felony perjury); Fla.”
— 837.02(1) — 21 cases
Tribune Co. v. Green, 440 So. 2d 484 (Fla. 2d DCA 1983). “Judge Leon was charged in the indictment summarized as follows: Count 1 charged that Judge Leon violated section 837.02(1), Florida Statutes, when he stated under oath before the JQC that he did not attempt to influence Judge Merckle in his sentencing functions, whereas in truth…”
Carter v. State, 384 So. 2d 1255 (Fla. 1980).
State v. Ellis, 723 So. 2d 187 (Fla. 1998).
Cohen v. State, 985 So. 2d 1207 (Fla. 3d DCA 2008).
Butler v. State, 946 So. 2d 30 (Fla. 2d DCA 2006).
— 837.02(2) — 4 cases
State of Florida v. Chester Ralph Kwitowski, Jr., 250 So. 3d 210 (Fla. 2d DCA 2018). “§ 837.02(1). The second-degree perjury statute thus carves out for more severe treatment perjury in an official proceeding relating to the prosecution of a capital felony.”
Cohen v. State, 985 So. 2d 1207 (Fla. 3d DCA 2008).
Lanier v. Sec'y, Dep't of Corr. (M.D. Fla. 2023).
Michael Bernard Bell v. State of Florida (Fla. 2025).
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