Florida/Georgia Personal Injury & Workers Compensation

...Wording originally drawn by the committee was criticized in a letter from Mark F. Lewis. The committee agreed with Mr. Lewis and redrafted the paragraph based on his recommendation. [Page A-63] *1241 PERJURY (Amended) (NOT IN AN OFFICIAL PROCEEDING — F.S. 837.012) (IN AN OFFICIAL PROCEEDING — F.S....

...(Defendant) did not believe the statement was true when [he] [she] made it. Give if Knowledge of the materiality of the statement is not an applicable element of this crime, and the defendant's mistaken belief F.S. that [his] [her] statement was not material is not a 837.012(2) & defense to the charge....

...05(2) None Attempt, except when uttering is charged Obtaining property by Worthless check Attempt, except when worthless — 832.05(2) uttering is charged checks — 832.05(4) (second degree misdemeanor) Perjury not in official None None proceeding — 837.012 Perjury if official proceeding None None — 837.02 Perjury by contradictory None None statements — 837.021 False reports to law None None enforcement authorities — 837.05 False official statements None None — 837.06 [Page A-84] *1262 CHARG...

...We are, however, limited to the four corners of the letter written by Dreyfus — the so-called defamatory instrument — in judging whether the words used therein are libelous or libelous per se. See Wolfson v. Kirk, 273 So.2d 774 (Fla. 4th DCA), cert. denied, 279 So.2d 32 (Fla. 1973). [2] § 837.02, Fla. Stat. (1979); see § 837.012, Fla....

...definition of the statute. See McCoy v. State, 338 So.2d 52 (Fla. 4th DCA 1976) and Cf. State v. Leighton, 365 So.2d 397 (Fla. 4th DCA 1979). Thus, if Schramm is guilty of an offense involving false statements, it must be an offense provided for in Section 837.012 [3] or 837.05, [4] Florida Statutes (1977)....

...es 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 a felony of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084." [3] "837.012 Perjury when not in an official proceeding "(1) Whoever makes a false statement, which he 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 d...

...5th DCA 1982) (statement given during administrative investigation). In the present case, the statement given by Lesiak to the police was sworn to by him and notarized. It was therefore given under oath and Lesiak was subject to the penalty of perjury under section 837.012, Florida Statutes (1983)....

...consistent statement did not comply with section 90.801(2)(a) and hence was not admissible as substantive evidence. We therefore reverse and remand for a new trial. REVERSED and REMANDED for new trial. COBB, C.J., and ORFINGER, J., concur. NOTES [1] Section 837.012(1) entitled "Perjury when not in an official proceeding" provides as follows: Whoever makes a false statement, which he does not believe to be true, under oath, not in an official proceeding, in regard to any material matter shall be...

...(1987), reads in pertinent part: "Whoever makes a false Statement, which he does not believe to be true, under oath in an official proceeding in regard to any matter shall be guilty of a felony of the third degree... ." (emphasis added). For purposes of contrast, section 837.012, Fla....

...to chapter 837 and the absence of specificity that false swearing before a notary public constitutes perjury in an official proceeding indicates a legislative intent that false swearing before a notary public may violate either section 837.02 [4] or 837.012, [5] or perhaps other sections in chapter 837....

...to the perjury charge. Though we affirm the dismissal of the perjury charge, the predicate acts which led to the State's charge of felony perjury under section 837.02 could suffice as acts comprising a chargeable offense of misdemeanor perjury under section 837.012....

...Those witnesses were substantially impeached by their out-of-court sworn statements under oath contradictory to their trial testimony. . Of course, C.J.’s affidavit was under oath subjecting him to prosecution for perjury if his allegation is proven false. See § 837.012, Fla....

...[2] Section 837.02(1), Florida Statutes (1981), provides in pertinent part: "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 a felony of the third degree... ." (emphasis supplied). In contrast, Section 837.012, Florida Statutes (1981), makes perjury when not in an official proceeding a misdemeanor of the first degree....

...[3] The solicitation aspect of the charge is not at issue in this appeal. Solicitation to commit the offense is one degree removed from actual commission of the offense. § 777.04, Fla. Stat. (1979). [4] There is a lesser offense of perjury in an unofficial proceeding. § 837.012, Fla....

...60 Am.Jur.2d, Perjury, § 21. This common law offense has been broadened by chapter 837, Florida Statutes, which defines two classes of perjury: perjury in official proceedings (section 837.02), a felony; and perjury when not in an official proceeding (section 837.012), a misdemeanor....

...nce to chapter 837 and the absence of specificity that false swearing before a notary public constitutes perjury in an official proceeding indicates a legislative intent that false swearing before a notary public may violate either section 837.02 or 837.012, or perhaps other sections in chapter 837....

...efinition of the statute. See McCoy v. State, 338 So.2d 52 (Fla. 4th DCA 1976), and Cf., State v. Leighton, 365 So.2d 397 (Fla. 4th DCA 1979). Thus, if Schramm is guilty of an offense involving false statements, it must be an offense provided for in Section 837.012 [perjury when not in an official proceeding] or 837.05 [false reports to law enforcement authorities], Florida Statutes (1977)....

...ust view the deposition testimony as nothing more than a sworn statement routinely obtained in a carrier's unofficial investigation of a potential claim. As in Schramm, supra, it appears that if Nessmith committed any offense, it was in violation of section 837.012 rather than section 837.02....

...The transcript of testimony, however, reveals that appellant was repeatedly identified as the person in the film. [4] §§ 837.011(3) and 837.02(2), Fla. Stat. [5] It is appropriate to point out that appellant obtained new counsel after the trial ended and before the motion for new trial was filed. [6] Section 837.012 states: (1) Whoever makes a false statement, which he 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....

...[11] The Schedule of Lesser Included Offenses in the Florida Standard Jury Instructions in Criminal Cases, adopted by the Florida Supreme Court in Matter of Use by Trial Courts of Standard Jury Instructions, 431 So.2d 599 (Fla. 1981), does not list the offense of false statements in an official proceeding (section 837.012) as a lesser included offense of a section 837.02 offense. In the instant case there was no jury instruction requested on section 837.012 and none was given by the court. Accordingly, we need not consider whether section 837.012 may be treated as a lesser included offense of section 837.02....

...1st DCA 1989) (holding that a racketeering charge was properly dismissed when felony perjury under section 837.02, one of two alleged predicate acts charged in the information, was dismissed for failure to state a criminal offense, even though the facts might establish the crime of misdemeanor perjury under section 837.012; that crime and that statute were not delineated in the information); see also United States v....

...mestic battery incident and at the subsequent violation of probation hearing. It is unclear from the record before us whether she was prosecuted for a violation of section 837.021, Florida Statutes (2008), felony perjury by contradictory statements; section 837.012, Florida Statutes, misdemeanor perjury when not in an official proceeding; or section 837.05, Florida Statutes, misdemeanor false reports to law enforcement authorities....

...as based. The investigator claimed the victim was charged with a violation of section 837.021, perjury by contradictory statements, which he claimed was a misdemeanor, but appellant pointed out at the hearing that she was charged with a violation of section 837.012, perjury not in an official proceeding, which he believed referred to the statement to police....

...arlier testimony regarding the charge against the victim. He also admitted that the victim was subsequently arrested and convicted for perjury. The probable cause affidavit in the record on appeal indicates the victim was charged with a violation of section 837.012 “Misdemeanor 1st Degree, Perjury Not in Official Proceeding.” It states that the victim testified under oath during the VOP hearing that she lied about all of the written issues in the original sworn written statement to police....

...use the victim told multiple different stories. 2 The court rejected any argument that the State knowingly used perjured testimony and opined that the probable cause affidavit against the victim includes a typographical error, that instead of citing section 837.012, for perjury not in an official proceeding, it should be section 837.021, for perjury by contradictory statements....

...# 163-3, pp. 3-6.) A. Estoppel Based on Untruthfulness PETA first argues that plaintiff is estopped from maintaining any civil action because of Yerk’s own wrongful and illegal conduct, i.e., perjury to Lt. Rairden in violation of Fla. Stat. §§ 837.02 , 837.012 and 837.05....

...Yerk’s untruthfulness does not constitute “illegal” conduct under any of the statutes cited by defendant. Florida Statutes § 837.02 makes it illegal to make a false statement, under oath, in any official proceeding in regard to any material matter. Section 837.012 makes it illegal to make a false statement, under oath, not in an official proceeding in regard to a material matter....

...nd degree. ... (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. Similarly, section 837.012, Florida Statutes (2008), states: 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 .......

perjury when not in an official proceeding (Section 837.-012) and has defined the term “official proceeding

...definition of the statute. See McCoy v. State, 338 So.2d 52 (Fla. 4th DCA 1976) and Cf. State v. Leighton, 365 So.2d 397 (Fla. 4th DCA 1979). Thus, if Schramm is guilty of an offense involving false statements, it must be an offense provided for in Section 837.012 or 837.05, Florida Statutes (1977)....

...with a child twelve years of age or older but less than eighteen to whom one stands in a position of familial or custodial authority. The above-mentioned definition of “sexual batteiy” describes conduct that is neither a crime nor an offense. . § 837.012, Fla.Stat....

...The VOP court concluded that Mr. Ware violated his probation by committing domestic battery and sentenced him to ten years in prison followed by five years of probation. Shortly after the VOP hearing, the State charged Ms. Nieves with perjury under section 837.012, Florida Statutes, for making false statements “not in an official proceeding.” This particular charge indicated that Ms....

...After they provided this medical report, this doctor’s report, I don’t recall any other significant conversations with any of them. No. The complaint asserted that Appellant was in violation of the moral character rule governing law enforcement officers through violation of sections 914.22(1) (witness tampering), 837.012(1) (perjury), and 112.313(6) (misuse of official position), Florida Statutes, or any lesser included offenses, and that an appropriate penalty should be imposed in accordance with section 943.1395(7)....

...r that [Appellant] did not believe her story and was determined to get her to change it.” Based on the findings, the ALJ concluded that the Commission had proven by clear and convincing evidence that Appellant had violated sections 914.22(1), *420 837.012(1), and 112.318(6), thereby violating section 943.1395(7) and Rule 11B-27.0011(4)(a) and (b)....

...onstitute witness tampering or harassment. Appellant was also charged with perjury for supposedly making “a false statement, which he ... [did] not believe to be true, under oath, not in an official proceeding, in regard to any material matter.” § 837.012(1) Fla....

...� was not given. Perjury Charge We also reject Parris’s second argument that the state did not prove the perjury charge against her in count VI where the investigator’s questioning was imprecise. The crime of perjury is codified in section 837.012, Florida Statutes (2019), which provides that “[w]hoever 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 misdemea...

...alleged in the information. The trial court denied the motion. We review a trial court’s denial of a motion for judgment of acquittal de novo. McCray v. State, 256 So. 3d 878, 881 (Fla. 4th DCA 2018). Gilliams was convicted of perjury under section 837.012, Florida Statutes (2019), which provides that “[w]hoever 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.” § 837.012(1), Fla....

...1998). Although Ellis involved a different perjury statute than the one at issue here, both statutes “limit[] the statute’s sweep to those false statements that concern ‘material matters.’” See id. at 189; §§ 837.02(1), Fla. Stat. (1993), 837.012(1), Fla....