Florida Statute 837.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 837
PERJURY

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F.S. 837.021

837.021 Perjury by contradictory statements.—

(1) Except as provided in subsection (2), whoever, in one or more official proceedings, willfully makes two or more material statements under oath which contradict each other, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Whoever, in one or more official proceedings that relate to the prosecution of a capital felony, willfully makes two or more material statements under oath which contradict each other, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) In any prosecution for perjury under this section:

(a) The prosecution may proceed in a single count by setting forth the willful making of contradictory statements under oath and alleging in the alternative that one or more of them are false.

(b) The question of whether a statement was material is a question of law to be determined by the court.

(d) It is a defense that the accused believed each statement to be true at the time the statement was made.

(4) A person may not be prosecuted under this section for making contradictory statements in separate proceedings if the contradictory statement made in the most recent proceeding was made under a grant of immunity under s. 914.04; but such person may be prosecuted under s. 837.02 for any false statement made in that most recent proceeding, and the contradictory statements may be received against him or her upon any criminal investigation or proceeding for such perjury.

History.—s. 1, ch. 72-314; s. 56, ch. 74-383; s. 34, ch. 75-298; s. 2, ch. 85-41; s. 4, ch. 97-90; s. 1312, ch. 97-102.

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Amendments to 837.021

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 837.021

Level: Degree
Misdemeanor/Felony: First/Second/Third

S837.021 1 - PERJURY - CONTRADICTORY STATEMENTS OFFICIAL PROCEEDING - F: T

S837.021 2 - PERJURY - PROSECUTION CAP FELONY CONTRADICT STATEMENTS - F: S

Cases Citing Statute 837.021

Total Results: 34

State v. Moore

485 So. 2d 1279, 11 Fla. L. Weekly 157

Supreme Court of Florida | Filed: Apr 10, 1986 | Docket: 1276087

Cited 50 times | Published

which, if any, of the statements, is not true." § 837.021(3), Fla. Stat. (1981). Accordingly, we reword

Arzuman v. Saud

843 So. 2d 950, 2003 WL 1824927

District Court of Appeal of Florida | Filed: Apr 9, 2003 | Docket: 1244131

Cited 15 times | Published

element, that the statements must be material. § 837.021(1), Fla. Stat. (2000). A dismissal of claims for

Tafero v. State

406 So. 2d 89

District Court of Appeal of Florida | Filed: Nov 24, 1981 | Docket: 449889

Cited 11 times | Published

have been in light of the passage in 1972 of Section 837.021, Florida Statutes. That statute authorizes

Jaffe v. State

438 So. 2d 72

District Court of Appeal of Florida | Filed: Sep 2, 1983 | Docket: 1446457

Cited 9 times | Published

proceeding is a question of law for the court. See § 837.021(2), Fla. Stat. (1981); Wolfe v. State, 271 So

Carter v. State

384 So. 2d 1255

Supreme Court of Florida | Filed: May 1, 1980 | Docket: 1269476

Cited 8 times | Published

The State counters that Sherman, supra, and section 837.021(1), Florida Statutes, have effectively abolished

McCoy v. State

338 So. 2d 52

District Court of Appeal of Florida | Filed: Sep 17, 1976 | Docket: 289309

Cited 8 times | Published

contradictory statements, as set forth by Section 837.021, Florida Statutes 1975, consists of two or

State v. Feagle

600 So. 2d 1236, 1992 WL 126574

District Court of Appeal of Florida | Filed: Jun 11, 1992 | Docket: 539569

Cited 7 times | Published

inconsistent statements (Count I), in violation of section 837.021(1), Florida Statutes (1989), and served as

State v. Ellis

723 So. 2d 187, 1998 WL 716702

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

Cited 6 times | Published

011(3), Fla. Stat. (1993) (emphasis added). Cf. § 837.021(2), Fla. Stat. (1993) ("The question of whether

Suarez v. Benihana National of Florida Corp.

88 So. 3d 349, 2012 WL 1605268, 2012 Fla. App. LEXIS 7208

District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60308244

Cited 5 times | Published

Statutes) and perjury by contradictory statements (Section 837.021, Florida Statutes).” Finding that Appellants

State v. Witte

451 So. 2d 950

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

Cited 4 times | Published

statements in official proceedings in violation of Section 837.021, Florida Statutes (1977). One of the essential

Brown v. State

334 So. 2d 597

Supreme Court of Florida | Filed: May 5, 1976 | Docket: 1712449

Cited 4 times | Published

appeal from an adjudication of guilt under Section 837.021, Florida Statutes[1] (perjury by inconsistent

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

in an official proceeding, in violation of section 837.021, Florida Statutes. The appellate court reversed

Ware v. State

111 So. 3d 257, 2013 WL 1581812, 2013 Fla. App. LEXIS 5949

District Court of Appeal of Florida | Filed: Apr 16, 2013 | Docket: 60230788

Cited 2 times | Published

whether she was prosecuted for a violation of section 837.021, Florida Statutes (2008), felony perjury by

Adams v. State

727 So. 2d 983, 1999 WL 22281

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 1438946

Cited 2 times | Published

DAUKSCH and GOSHORN, JJ., concur. NOTES [1] § 837.021, Fla. Stat. (1997). [2] Interestingly, this subsequent

State v. Barbuto

571 So. 2d 484, 1990 WL 126203

District Court of Appeal of Florida | Filed: Aug 29, 1990 | Docket: 1653281

Cited 2 times | Published

by inconsistent statements in violation of section 837.021, Florida Statutes (1987), and two counts of

Ferris v. State

489 So. 2d 174, 11 Fla. L. Weekly 1208

District Court of Appeal of Florida | Filed: May 29, 1986 | Docket: 546280

Cited 2 times | Published

years was tacked onto his probationary term. [2] § 837.021, Fla. Stat. (1983). (1) Whoever, in one or more

State v. Fowler

466 So. 2d 210, 10 Fla. L. Weekly 104

Supreme Court of Florida | Filed: Feb 7, 1985 | Docket: 1524917

Cited 2 times | Published

The state charged Fowler with a violation of section 837.021, Florida Statute (1981), perjury by contradictory

The Florida Bar v. Doe

384 So. 2d 30

Supreme Court of Florida | Filed: May 15, 1980 | Docket: 1678559

Cited 2 times | Published

by inconsistent statements in violation of section 837.021, Florida Statutes (1977). On September 12,

State v. Mitrani

19 So. 3d 1065, 2009 Fla. App. LEXIS 14717, 2009 WL 3149384

District Court of Appeal of Florida | Filed: Oct 2, 2009 | Docket: 60254561

Cited 1 times | Published

by contradictory statements in violation of section 837.021, Florida Statutes (2008). The witnesses also

State v. Newsome

349 So. 2d 771

District Court of Appeal of Florida | Filed: Aug 31, 1977 | Docket: 1225564

Cited 1 times | Published

by contradictory statements in violation of Section 837.021, Florida Statutes (1975). The state appeals

Michael Bernard Bell v. State of Florida

Supreme Court of Florida | Filed: Jul 8, 2025 | Docket: 70732606

Published

to a charge of perjury by contradiction. § 837.021, Fla. Stat. Alternatively, if a witness testified

Octavius Ware v. State of Florida

159 So. 3d 192

District Court of Appeal of Florida | Filed: Feb 15, 2015 | Docket: 2634480

Published

more official proceedings. See § 837.021(1), Fla. Stat.; see also Sevin v. State

James Aren Duckett v. State of Florida

148 So. 3d 1163, 39 Fla. L. Weekly Supp. 456, 2014 WL 2882627, 2014 Fla. LEXIS 2065

Supreme Court of Florida | Filed: Jun 26, 2014 | Docket: 90

Published

that Duckett be granted a new trial; and (D) section 837.021, Florida Statutes (1997), relating to perjury

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

regard to any material matter.” Similarly, section 837.021, Florida Statutes, defines perjury by contradictory

Sarrain v. State

632 So. 2d 1063, 1994 Fla. App. LEXIS 972, 1994 WL 45055

District Court of Appeal of Florida | Filed: Feb 15, 1994 | Docket: 64746727

Published

immunity statutes. See § 914.04, Fla.Stat. (1993); § 837.021, Fla.Stat. (1993). *1065Accordingly, we affirm

Lehman v. State

602 So. 2d 610, 1992 Fla. App. LEXIS 6761, 1992 WL 143636

District Court of Appeal of Florida | Filed: Jun 26, 1992 | Docket: 64668982

Published

by contradictory statements in violation of section 837.021, Florida Statutes (1989). She entered pleas

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

by contradictory statements, a violation of section 837.021, Florida Statutes (1983). After the denial

Baker v. State

480 So. 2d 659, 10 Fla. L. Weekly 2574, 1985 Fla. App. LEXIS 16989

District Court of Appeal of Florida | Filed: Nov 21, 1985 | Docket: 64616380

Published

statements in subsequent prosecution under section 837.021. We also addressed in that opinion the second

Fowler v. State

447 So. 2d 296, 1984 Fla. App. LEXIS 11300

District Court of Appeal of Florida | Filed: Jan 13, 1984 | Docket: 64603680

Published

by contradictory statements in violation of section 837.021, Florida Statutes (1981). Fowler’s motion to

Mitchell v. State

359 So. 2d 906, 1978 Fla. App. LEXIS 15849

District Court of Appeal of Florida | Filed: Jun 14, 1978 | Docket: 64564954

Published

perjury by contradictory statements under Section 837.021, Florida Statutes (1977). The appellant and

Feldman v. State

348 So. 2d 415, 1977 Fla. App. LEXIS 16324

District Court of Appeal of Florida | Filed: Jul 29, 1977 | Docket: 64559607

Published

that he would be subject to prosecution under Section 837.021, Florida Statutes,3 Feldman refused to testify

Johnson v. State

343 So. 2d 110, 1977 Fla. App. LEXIS 15189

District Court of Appeal of Florida | Filed: Mar 11, 1977 | Docket: 64557467

Published

perjury by contradictory statements under Section 837.021, Florida Statutes (1975), regardless of which

Bell v. State

328 So. 2d 581, 1976 Fla. App. LEXIS 14932

District Court of Appeal of Florida | Filed: Mar 17, 1976 | Docket: 64552884

Published

contradictory statements pursuant to Fla.Stat. § 837.021 (1973). The information charged that appellant

State v. Clark

301 So. 2d 492

District Court of Appeal of Florida | Filed: Sep 20, 1974 | Docket: 64541686

Published

contradictory statements under oath in violation of Section 837.021, F.S.A. In addition to its argument on the