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. 837.02) Before you can find the defendant guilty of [Perjury Not in an Official Proceeding] [Perjury in an Official Proceeding], the State must prove the following five elements beyond a reasonable doubt: Elements 1....

...(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. 837.02(2) Note to Questions of the authority to administer oaths, whether Judge F.S....

...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 CHARGED OFFENSES CATEGORY 1 CATEGORY 2 Bribery — 838.015 None Attempt if only give or accept is charged Unlawful...

...open to a charge of lack of candor. Rather than showing simply that a judge made an inaccurate or false statement under oath, the Commission must affirmatively show that the judge made a false statement that he or she did not believe to be true. Cf. § 837.02, Fla....

...he laws of both Contracting Parties by deprivation of liberty for a maximum period exceeding one year." Id. Item 21 of Article 2 includes "[f]alse statements, accusations or testimony effected before a government agency or official." Id. In Florida, section 837.02, Florida Statutes (1995), states that the offense of perjury in an official proceeding is a third-degree felony and is punishable by up to five years in prison....

...State, 99 Fla. 1132, 128 So. 494. Whether the election laws were violated is an entirely separate matter. We here deal with perjury and subornation of perjury and nothing else. The crime of perjury committed in a judicial proceeding is condemned by Section 837.02, Florida Statutes, F.S.A....

...rug. We recently reached a similar conclusion in State v. Anderson, 695 So.2d 309 (Fla. 1997). In Anderson, we answered the following certified 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 903.035, Florida Statutes (1991), providing false information in an application for bail, for charges that arise out of a single act....

...native of the instant appeal pending in that court. Adams v. Murphy, 598 F.2d 982 (5th Cir.1979). We have authority to answer the certified question by written opinion. Fla. R.App.P. 9.510. Adams was charged with the crime of perjury in violation of section 837.02, Florida Statutes (1973)....

...of conviction of the nonexistent offense of attempted perjury denied due process. The United States Court of Appeals has certified the following question: "Is attempted perjury in an official proceeding a criminal offense under the laws of Florida?" Section 837.02, Florida Statutes (1973), provides: Whoever being lawfully required to depose the truth in any proceeding in a court of justice, commits perjury, shall, if the perjury is committed on the trial of an indictment for a capital crime, be...

...Schmidt, 76 Misc.2d 976, 352 N.Y.S.2d 399, 403 (Crim.Ct. 1974) (no offense of "attempted `interference with governmental administration'"). We find this reasoning to be directly applicable to the question of whether there can be an attempt to violate section 837.02, Florida Statutes (1973)....

...inform the judge immediately about counsel's instruction to commit perjury. Allowing a defendant to ignore the oath and lie to the court only to later claim that he did so at counsel's instruction is against public policy as it condones perjury. See § 837.02, Fla....

...r Respondent. SHAW, Justice. We have for review Anderson v. State, 669 So.2d 262 (Fla. 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 903.035, Florida Statutes (1991), providing false information in an application for bail, for charges that arise out of a single act....

...f the statute and this Court's case law. [6] In the present case, while Anderson's two offenses are denoted in separate statutory chapters, both crimes arose from a single act of perjury and are in fact degree variants of that crime. As noted above, section 837.02 punishes one who knowingly makes a false statement under oath in an official proceeding, and section 903.035 punishes one who intentionally makes a false statement in an application for bail. Both statutes punish the same basic crime (i.e., the violation of a legal obligation to tell the truth), and differ only in terms of the degree of violation. Under section 837.02, the violation is of a formal oath, while under section 903.035, it is not....

...An application for bail is obviously an official proceeding brought to secure bail in a criminal case. If a defendant provides "false information" or lies in the bail application he or she can be prosecuted under section 903.035. Alternatively, the defendant could be prosecuted under section 837.02 for committing perjury in an official proceeding, based on the lie in the "official" application for bail....

...2260, 65 L.Ed.2d 228 (1980), emphasized that courts should be careful not to allow dual prosecutions for both a principal offense and a "species of lesser included" offenses of the principal offense. We have heeded that message today. KOGAN, C.J., and OVERTON, J., concur. NOTES [1] Section 837.02, Florida Statutes (1991), provides in relevant part: (1) 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.......

...D THAT I MUST APPEAR AT THE HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES....

...Ervin, Atty. Gen., Murray Sams, Jr. and B. Jay Owen, Assts. Atty. Gen., for appellee. TERRELL, Justice. Appellant was tried and convicted in the Criminal Court of Record, Polk County on an information charging that he did commit perjury in violation of Section 837.02, Florida Statutes 1949, F.S.A....

...rdingly if the need arose. As previously noted, this emergency petition for writ of certiorari was filed as a result of the trial court's order. 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 and fact he did attempt to influence Judge Merckle. Count 2 charged that Judge Leon violated section 837.02(1), Florida Statutes, when he stated under oath before the JQC that the reason he went to see Judge Merckle concerning the Avery case was because he saw her being fingerprinted and he was curious as to what sentence she had received, whereas in truth and fact Alisa Avery's father, Arthur B....

...Merckle regarding the Avery sentencing is not relevant to the proof of the charges in the indictment. In counts 1 and 2 of the indictment, Judge Leon is charged with making false statements under oath during testimony before the JQC, a violation of section 837.02(1)....

...Therefore, the denials made by Judge Leon to Bockman, or to anyone else other than the JQC, are irrelevant to the proof of the perjury counts. Additionally, the denials to Bockman were not made under oath and for that reason alone the testimony would not constitute the crime of perjury under section 837.02(1)....

...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....

...No justification for so sweeping an infringement on free speech has been offered by the Bar. Furthermore, the filing of false complaint could perhaps be punished, without imposing prior restraint on speech, in much the same way perjury or the filing of false reports of crime are punished. See Fla.Stat. §§ 837.02 and 817.49 [3] ; see also Doe v....

..., that the Virginia statute at issue imposed criminal sanctions against violators of Virginia's confidentiality provision while Rule 3-7.1 merely allows violators to be held in contempt of court. We find neither distinction persuasive. [3] Fla.Stat. Section 837.02 provides: (1) 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, punishable as provided in § 775.082, § 775.083, or § 775.084....

...4th DCA 1978), supra. Schramm secondly contends that the trial court erred in failing to grant his motion for judgment of acquittal where the evidence was insufficient as a matter of law to sustain a conviction for perjury in an official proceeding pursuant to Section 837.02, Florida Statutes (1977)....

...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). Since Schramm's statements were not made during an official proceeding, his conviction for violation of Section 837.02, Florida Statutes (1977) is reversed....

...ith intent that he shall avoid or escape detection, arrest, trial or punishment, shall be deemed an accessory after the fact, and shall be guilty of a felony of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084." [2] "837.02 Perjury in official proceedings "(1) 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, punishable as pr...

...[1] The facts are fully stated in the trial judge's order in which he concluded as a matter of law that Dr. Carter was not guilty of perjury. That order reads as follows: Defendant, T.R. Carter, is a licensed and practicing chiropractor charged with perjury in an official proceeding under section 837.02(1), Florida Statutes....

...The Court has considered the pleadings, the exhibits and argument of respective *1257 counsel. The defense contends that defendant recanted his false or erroneous testimony and therefore a perjury prosecution cannot be sustained under Brannen, supra. The State counters that Sherman, supra, and section 837.021(1), Florida Statutes, have effectively abolished the defense of recantation recognized in the Brannen case....

..."The law encourages the correction of erroneous and even intentionally false statements on the part of a witness, and perjury will not be predicated upon such statements when the witness, before the submission of the case, fully corrects his testimony." Brannen, 114 So. p. 431. As to the State's contention that section 837.021(1), has effectively abolished the defense of recantation, the Court feels otherwise where full recantation is forthcoming in the same proceeding before final submission....

...This inducement would be destroyed if a witness could not correct a false statement except by running the risk of being indicted and convicted of perjury." Brannen, 114 So. p. 431. This Court cannot find, and does not believe, the Legislature by enacting section 837.021(1) ever intended to preclude a search for the truth in the judicial process. In reaching this conclusion, the Court has not overlooked Brown v. State [334 So.2d 597] wherein a closely divided Supreme Court upheld the constitutionality of section 837.021(1)....

...Under these circumstances the fear of being caught should not vitiate the defense of recantation. We adopt the order of the trial judge and the dissenting opinion of Judge Cross [5] as being correct in this cause. In doing so, we specifically hold that section 837.021(1), Florida Statutes, has not abolished the defense of recantation....

...disqualified from prosecuting him, and such task must necessarily be assigned to a special prosecutor who has no affiliation with the State Attorney's office for the Eleventh Judicial Circuit. Clausell is being prosecuted for perjury in violation of Section 837.02, Florida Statutes (1981)....

...at pains must be taken to assure that we fulfill that trust. It is so ordered. ALDERMAN, C.J., and BOYD, OVERTON, McDONALD and EHRLICH, JJ., concur. ADKINS, J., concurs in result only. NOTES [*] Perjury is made a criminal violation by and defined in § 837.02, Fla....

...Feagle's inconsistent June and December statements are at the heart of the instant controversy. The four-count second amended information charged that between June 22, 1989, and December 1, 1989, Feagle committed perjury by inconsistent statements (Count I), in violation of section 837.021(1), Florida Statutes (1989), and served as accessory after the fact (Counts II through IV), in violation of section 777.03, Florida Statutes (1989)....

...h traverses. Paragraph 2 of the "Facts" section of Feagle's Second Motion to Dismiss Count I alleges "Defendant believed each statement he made on June 22, 1989, and on December 1, 1989, to be true at the time he made it pursuant to Florida Statutes 837.021(4)." That statute provides that in a prosecution for perjury by contradictory statements, "it shall be a defense that the accused believed each statement to be true at the time he made it." In its responsive traverse, the state specifically d...

...Those are questions of ultimate fact for the jury and cannot be decided on a motion to dismiss. See State v. Farrugia, 419 So.2d 1118 (Fla. 1st DCA 1982); State v. Fort, 380 So.2d 534 (Fla. 5th DCA 1980) (state's traverse denying or disputing material factual allegations required denial of motion to dismiss). Section 837.021(3), Florida Statutes (1989), provides that "[i]n any prosecution for perjury by inconsistent statements under this section, it is not necessary to prove which, if any, of the statements is not true." Based on that statute, the state argued that whether one or the other of appellee's statements is true or false is immaterial and need not be proved. Feagle's belief or intent concerning the contradictory statements is relevant and material, however, because section 837.021(1), Florida Statutes (1989), makes willfulness an element of the crime....

...Parrish, 567 So.2d 461, 464-65 (Fla. 1st DCA 1990), rev. den., 581 So.2d 167 (Fla. 1991). Because the record before the trial court did not show conclusively that the state could not prove Feagle 1) willfully made contradictory statements in violation of section 837.021, Florida Statutes (1989), and 2) failed to recant, disputes of material fact existed when the court ruled on the motions to dismiss....

...Appellee's counsel argues the state admitted Feagle had recanted when it charged in Counts II through IV of the second amended information that he "did give aid to Ralph Kermit Ellis by recanting his sworn testimony and committing Perjury in violation of Section 837.02(1), Florida Statutes, knowing that Ralph Kermit Ellis had committed a felony." (emphasis added) The state concedes the information is inartfully worded in that respect, since recantation of another sort is at issue in the case sub judice....

...I RESPONDENT APPEAR AT THE HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES....

...In contrast, the State of Florida in the instant proceeding makes no such concession. Florida's statute defining perjury in an official proceeding differs from the federal statute in Gaudin in a key respect: Under the Florida scheme, "materiality" is not a statutory element of the offense. Section 837.02 defines the crime of perjury in an official proceeding and limits the statute's sweep to those false statements that concern "material matters": 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.... § 837.02(1), Fla....

...less 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. § 837.011(3), Fla. Stat. (1993) (emphasis added). Cf. § 837.021(2), Fla....

...tatute reads as follows: (1) 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 shall be guilty of a felony of the third degree, punishable as provided. § 837.02, Fla....

...For *272 the reasons that follow, we reverse and vacate her convictions. The elements of perjury in official proceedings are 1) making a false statement, 2) which one does not believe to be true, 3) under oath in an official proceeding, 4) in regard to any material matter. Fla. Stat. § 837.02(1) (1999); see also Hirsch v....

...ICO statute because the predicate acts forming the basis of the charge against her in that count were only those alleged in the perjury and conspiracy counts which were dismissed as to her. The perjury count charges both appellants with violation of section 837.02, Fla....

...on to obtain a certificate of title for a 1984 Toyota pickup truck, appellants falsely stated, under oath in an official proceeding, that the truck had been wrecked and repaired in such a manner as to leave off the vehicle identification number. [2] Section 837.02, Fla....

...his general reference 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....

...wo predicate acts against her — the acts relating to the conspiracy charge and the acts relating 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....

...Section 895.02(1)(a)24 of the RICO Act indicates that among the chargeable offenses delineated in the Act are violations of "Chapter 837, relating to perjury." The Act makes no distinction between felony and misdemeanor perjuries. However, because the perjury charge delineated in the RICO count only alleges violation of section 837.02, felony perjury, dismissal of the RICO count against Joan Adkins was proper....

...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. Stat. (2010) ("Perjury when not in an official proceeding”). C.J. would be subject to further felony perjury prosecution were he to testify falsely at an evidentiary hearing. § 837.02, Fla....

...ially adjudicating this matter through lies, misrepresentations, contradictory statements and otherwise hiding the truth.” The court also found that Appellants’ contradictory statements “rise[ ] to the level of perjury in official proceedings (Section 837.02, Florida Statutes) and perjury by contradictory statements (Section 837.021, Florida Statutes).” Finding that Appellants had perpetrated a fraud upon the court, the court dismissed the second amended complaint with prejudice....

...he did not complete the renovations. The issue in this case involves a sworn voluntary statement Cohen made to the police department three years after the execution of the contract with Chalom. The perjury charge alleged that Cohen, in violation of section 837.02, Florida Statutes (1999), [1] falsely stated "......

...does not believe it to be true. Id. at 272. The elements of perjury in official proceedings are: 1) making a false statement, 2) which one does not believe to be true, 3) under oath in an official proceeding, 4) in regard to any material matter. See § 837.02(1), Fla....

...city necessary to result in an equally specific statement of fact. Cohen's statement as to why the contractors and architects quit was a statement of opinion for which a perjury conviction cannot stand. We therefore reverse the conviction. NOTES [1] Section 837.02(2), Florida Statutes (1999) provides: "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 second degree."

...D THAT I MUST APPEAR AT THE HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES....

...t to 42 U.S.C. § 1983 claiming a violation of his Fourth and Fourteenth Amendment rights. In Counts II and IV of the Amended Complaint, the plaintiff claims that his arrest for committing perjury in an official proceeding, in violation of Fla.Stat. § 837.02, was directly caused by a City policy, custom or usage that required or allowed police officers to intentionally use or to be deliberately indifferent to the use of false evidence in support of false arrests....

...Immediately following that sworn statement, Investigators Fleming, Vivian and Ilhardt conferred momentarily with the Assistant State Attorney and then promptly arrested John Dees charging him with five counts of perjury in an official proceeding (Fla.Stat. § 837.02)....

...The material and undisputed facts in this cause, taken in the light most favorable to the State of Florida, fail to establish, prima facie, the guilt of the Defendant. 2. The Defendant is charged by Information in this cause with two Counts of Perjury in violation of Florida Statute § 837.02....

...lleges that the same statement was repeated at a subsequent deposition. 4. On neither occasion that the Defendant allegedly made his statement was the statement material to the official proceeding at which he gave said testimony. 5. Florida Statute, § 837.02(1) provides that a violation of this Statute is committed only if the statement is knowingly false and made in regard to any material matter....

...Public Defender, for appellee. Before HUBBART, NESBITT and FERGUSON, JJ. NESBITT, Judge. Patricia Rosenfeld was arrested on May 24, 1983, for the crimes of official misconduct, in violation of section 839.25(1)(a), Florida Statutes (1981), [1] and perjury, in violation of section 837.02, Florida Statutes (1981)....

...irgil just helped with it', the said Leroy Webster Snipes answered, `Yes Sir. Buck's crazy', whereas in truth and fact Leroy Webster Snipes knew that Steve Tabor and Virgil Douglas did in fact not burn down the Lake Butler Middle School, contrary to Section 837.02, Florida Statutes."

...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 under Section 837.02, Florida Statutes (1981). Count One of the information charged Witte with perjury in an official proceeding in violation of Section 837.02, Florida Statutes (1981)....

...manner; and Witte was not told, and was not otherwise aware, that the pre-filing conference was a part of an official proceeding. The State appeals. We reverse. Making a knowing false statement under oath in an official proceeding is a felony under Section 837.02, Florida Statutes (1981)....

...heard it."). [7] Lastly, and not surprisingly, there is simply no support for the proposition that a witness must be apprised that a proceeding at which he is placed under oath is official as a predicate to prosecuting the witness for a felony under Section 837.02....

...re is an official proceeding within the meaning of Section 837.011, that is, one "required to be heard, before [an] ... official authorized to take evidence under oath," and that Count One of the information charging the defendant with perjury under Section 837.02, Florida Statutes (1981), must be reinstated....

...[8] Reversed and remanded for further proceedings. NOTES [1] The alleged false statement was that Witte, a police officer, discovered a .380 semi-automatic handgun upon the person of Monteagudo during a search incident to the arrest of Monteagudo for loitering and prowling. [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......

...y by the process of his court or who may voluntarily appear before him to testify as to any violation or violations of the criminal law." [5] Mitchell was convicted of perjury by contradictory sworn statements in official proceedings in violation of Section 837.021, Florida Statutes (1977)....

...James Marion Moorman, Public Defender, and William H. Pasch, Asst. Public Defender, Bartow, for appellee. PER CURIAM. The state appeals the trial court's order dismissing the information in which the defendant, David Marlow, was charged with perjury in violation of section 837.02, Florida Statutes (1983)....

...The elements of the crime of perjury have been set out in Gordon v. State, 104 So.2d 524 (Fla. 1958), as (1) the wilful (2) giving of false testimony (3) on a material point (4) in a judicial proceeding (5) by a *138 person to whom a lawful oath has been administered. See also, § 837.02, Fla....

...We believe that elements (1), (2), (4), and (5) are clearly established by the allegations contained in the defendant's motion. With regard to element three, we find no merit in the defendant's contention that his use of an alias at the arraignment on the misdemeanor charges was not a material matter within the meaning of section 837.02....

...of Florida, in the County of Dade, under oath, information makes that JOHNNY L. JONES on the 19th day of March, 1980, in the County and State aforesaid, did solicit David L. Rouen to commit perjury in an Official Proceeding, an offense prohibited by Section 837.02, Florida Statutes, that is to say, JOHNNY L....

...tness tampering. The grounds for my partial dissent are clear-cut. 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....

...ecome a witness for the State. Although I disagree in principle with that proposition as well, it finds support in Florida law. SOLICITATION TO COMMIT PERJURY Appellant was charged with solicitation to commit perjury under Sections 777.04(2) [3] and 837.02, Florida Statutes (1979). Section 837.02 provides: Perjury in official proceedings....

...r than taking the testimony himself in the State Attorney's office). See *299 also State v. Leighton, 365 So.2d 397 (Fla. 4th DCA 1978), appeal dismissed, 368 So.2d 1369 (Fla. 1979) (in prosecution for perjury in a State Attorney investigation under Section 837.02, State must prove all of the elements of an official proceeding at trial)....

...419 (1893) (justice can be obstructed only when, in fact, justice is being administered). [7] Unlike the offense of perjury in an official proceeding, the crime of witness tampering can be committed in the course of an investigation by a duly constituted prosecutor even though the proceeding is not official. Cf. § 837.02, Fla....

...appeared and testified under oath before a coroner's inquest in Liberty County investigating the death of Robert Rahme basically to the foregoing story. The parties hereto stipulate that Respondent's testimony although not legally perjurious, (See F.S. 837.02 (1973) and C.G.L....

...D THAT I MUST APPEAR AT THE HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES....

...Parker, Jacksonville, for appellant. Jim Smith, Atty. Gen., and Barbara Ann Butler, Asst. Atty. Gen., Jacksonville, for appellee. ZEHMER, Judge. On May 13, 1983, James William Nessmith was convicted of perjury in an official proceeding in violation of section 837.02, Florida Statutes....

...instructions defining "official proceeding." The instructions given in this case were closely patterned after the Florida Standard Jury Instructions in Criminal Cases applicable to chapter 837 offenses; but, in view of Leighton, the instruction for section 837.02 offenses probably is legally deficient....

...At common law, the crime of perjury was defined as willfully making a false oath in a judicial proceeding. 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....

...his general reference 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....

...Thereafter, in a deposition taken by the public defender, the appellant made certain statements which contradicted statements previously made to the police officers. As a consequence, she was charged with and convicted of perjury by making contradictory statements under oath in an official proceeding, in violation of section 837.021, Florida Statutes....

...ired for a prima facie case of the crime of perjury. 338 So.2d at 54-55. Similarly, in Schramm v. State, 374 So.2d 1043 (Fla. 3d DCA 1979), Schramm gave a false report to police under oath and was charged with perjury in an official proceeding under section 837.02....

...rts to law enforcement authorities], Florida Statutes (1977). 374 So.2d at 1045 (footnotes omitted). On the other hand, in State v. Witte, 451 So.2d 950 (Fla. 3d DCA 1984), the appellate court reversed the dismissal of a count charging perjury under section 837.02, holding that a pre-filing conference called by an assistant state attorney is, contrary to the trial court's ruling, an "official proceeding" within the meaning of the perjury statute....

...imony 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....

...BOOTH, Judge, dissenting: I dissent from the majority view reversing the conviction of perjury on the grounds that no workers' compensation claim had been filed at the time appellant lied under oath at a deposition taken by the employer/carrier. The conviction was under Section 837.02, Florida Statutes, perjury in official proceedings, a third degree felony....

...not a proceeding required to be heard, would nonetheless be a "proceeding *1257 heard" and since taken under oath in the State Attorney's Office was an official proceeding under the perjury statute. The conviction below should be affirmed. NOTES [1] Section 837.02 states: (1) 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, punishable as provided in s....

...ved in evidence upon stipulation of the parties. [3] Appellant argues that he was never identified in the film. 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....

...opted 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....

...Rehearing Denied February 24, 1984. *1103 Paul E. Risner, Law Offices of Victor Africano, Live Oak, for appellant. Jim Smith, Atty. Gen., John W. Tiedemann, Asst. Atty. Gen., for appellee. LARRY G. SMITH, Judge. Appellant pled nolo contendere to the offense of perjury, Section 837.02, Florida Statutes (1979), reserving the right to appeal the trial court's ruling that his false statement was in regard to "a material matter" as required for conviction under the statute....

...at 2226, 53 L.Ed.2d at 194. In order to have proven perjury in the instant case, the state would have had to show that appellant made a false statement under oath in an official proceeding which he did not believe to be true and which was material to the proceeding. § 837.02, Fla....

...roceeding. We reverse. The proceeding in question was an investigation by the State Attorney's Office to which defendant was subpoenaed to testify. He made certain statements which formed the basis for a subsequent Information charging perjury under § 837.02, Fla....

...Ellis, 723 So.2d 187 (Fla.1998). We affirm the order and hold that the statements were not material to that case. The perjury in an official proceeding statute proscribes making a false statement "under oath in an official proceeding in regard to any material matter." § 837.02, Fla....

...2078, 124 L.Ed.2d 182 (1993), and the constitutionality of section 837.011(3) therefore must be assessed in light of Gaudin. 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.g., Hirsch v. State, 279 So.2d 866 (Fla.1973), and section 837.02(1) expressly provides that: 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.......

...y in this case would be submitted to the jury. The petition for a writ of certiorari is denied. MICKLE, J. concurs. MINER, J., dissents with written opinion. *825 MINER, J., dissenting. In the instant case, Lauri Ellis was charged with perjury under section 837.02, Florida Statutes....

...ding Timothy's being hit in the head with a bat until the child presented to the hospital on June 4. Based on respondent's allegedly false statements made during this discovery deposition, she was charged with perjury in an *826 official proceeding (§ 837.02(1)) and child abuse (§ 827.04(2))....

...d. at 108-109. Subsequently, in a much cited case on perjury, Gordon v. State, 104 So.2d 524, 530 (Fla.1958), the supreme court defined the elements of perjury then existing under Florida statutory law. Noting that the crime of perjury "condemned by section 837.02, Florida Statutes" was "not clearly defined by the statute," the court quoted the common law definition of perjury: "At common law perjury was (1) the wilful (2) giving of false testimony (3) on a material point (4) in a judicial proceeding, (5) by a person to whom a lawful oath had been administered." Id....

...yond a reasonable doubt. The reason the court was required to deal with the issues of the elements of perjury and whether materiality was a question for the judge or the jury is because of the vagueness of the pre-1975 statute. For example, in 1971, section 837.02 provided: Whoever being lawfully required to depose the truth in any proceeding in a court of justice, commits perjury, shall, if the perjury is committed on the trial of an indictment for a capital crime be guilty of a felony of the f...

...if committed *828 in another case, guilty of a felony of the second degree.... Ch. 71-136, § 998, 1971 Fla. Laws. As can be seen, this statute fails to define the crime of perjury at all. The 1974 legislature rewrote the perjury statute, codifying section 837.02 in its current form effective July 1, 1975. See Ch. 74-383, §§ 53-58, 1974 Fla. Laws. Section 837.02 now clearly defines the elements of perjury consistent with previous case law and does in fact include the words "material matter." As part of the rewriting of Chapter 837, however, the Florida Legislature also added a definition secti...

...effectively remove materiality as an essential element of the crime of perjury? Again, for the reasons that follow, I would likewise answer that question in the affirmative. Although it is true that the words "material matter" appear in the body of section 837.02, it is also true that section 837.011(3), in addition to defining "material matter", provides that materiality "in a given factual situation is a question of law." What might appear at first reading to be an ambiguity or an inconsisten...

...materiality. Again, I cannot accept that Gaudin would so tie the hands of the trial court. In my view, a compelling case can be made for the proposition that in rewriting the perjury statute, the 1974 Legislature added the words "material matter" to 837.02 only to minimize the prospect that an accused would be convicted of perjury for lying under oath regarding a subject that had no bearing on the course or outcome of the proceeding in which the false statements were made....

...If Gaudin is indeed applicable to perjury prosecutions under Florida law, some attention will need to be given to this matter by the Florida Supreme Court. CONCLUSION I believe it to be perfectly reasonable to conclude that the legislature intended the words "material matter" in section 837.02 to limit those subjects that can give rise to perjury prosecutions for false statements under oath in certain settings....

...orney for Dade County. These grants purport to immunize *32 Doe and Roe from criminal prosecution for prior perjury or for the use of their prior testimony in any subsequent criminal proceedings for perjury by inconsistent statements in violation of section 837.021, Florida Statutes (1977)....

...s right against self-incrimination and refuse to testify. Doe and Roe refused to testify because of their expressed concern that in the event any testimony given by them proved to be inconsistent with any earlier testimony, the criminal sanctions of section 837.021, would be invoked and disciplinary sanctions of the Bar would be imposed....

...ent right against self-incrimination where their testimony would incriminate them by exposing them to Bar disciplinary action. They state that they may make an inadvertent inconsistent statement which would subject them to criminal prosecution under section 837.021 and to Bar discipline....

...hat the original granting of immunity to Doe and Roe from criminal prosecution and Bar discipline encompassed the prohibition of using any of the statements previously made by them under oath in 1974 and 1975 as a basis for prosecution of them under section 837.021 or as a basis for Bar discipline for perjury by later contradictory statements....

...Therefore, it was unnecessary to obtain further grants of immunity. *33 Because they are immune from criminal prosecution and Bar discipline based on inconsistent statements, it does not follow, however, that if they now commit perjury, in violation of section 837.02, Florida Statutes (1979), provably by evidence other than their prior inconsistent statements, they escape prosecution or Bar discipline....

...Appellant. James Felman and Brandon K. Breslow of Kynes, Markman & Felman, P.A., Tampa, for Appellee. SALARIO, Judge. The State appeals from an order granting Chester Kwitowski's motion to dismiss three counts of perjury in violation of section 837.02(2), Florida Statutes (2016). That statute makes perjury in "an official proceeding related to the prosecution of a capital felony" a second-degree felony....

...He is alleged to have falsely stated that he had degrees, certifications, security clearances, and experience that he did not in fact have. The State charged Mr. Kwitowski with, among other things, three counts of second-degree perjury in violation of section 837.02(2). Mr....

...See Forsythe v. Longboat Key Beach Erosion Control Dist., 604 So. 2d 452, 455 (Fla. 1992) ("Ambiguity suggests that reasonable persons can find different meanings in the same language."). The legislature created the offense of second-degree perjury in 1997. See § 837.02(2), Fla. Stat. (1997). The statutory definition of that offense remains the same today. Section 837.02(2) provides as follows: 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. § 837.02(2), Fla. Stat. (2016) (emphasis added). Any other perjury during an official proceeding is a third-degree felony. § 837.02(1)....

...tutorily available but also constitutionally permissible. This general common understanding of the word "capital" when used with reference to an offense does not, however, make it reasonable to read the specific statutory term "capital felony" in section 837.02(2) as referring only to a felony for which the death penalty may constitutionally be imposed, so as to give rise to an ambiguity that we must resolve....

...has by statute called a capital felony. -8-  The second-degree perjury statute is one in which the legislature has specifically made the classification of a "capital felony" relevant. Section 837.02(2) takes one class of felonies—capital felonies—and sets them apart from all others for purposes of determining when to punish perjury as a second-degree felony instead of as a third-degree felony....

...felony, it was unambiguously referring to the classification "capital felony" in section 775.081(1) and not to the potential ordinary meaning concept of an offense for which the death penalty is a constitutionally acceptable punishment. And when the legislature adopted section 837.02(2) in 1997—more than a decade after Buford held that it is unconstitutional to apply the death penalty to sexual battery offenses—it defined second-degree perjury by reference to a prosecution for a "capital felony." It used a t...

...legislature as a capital felony. Capital sexual battery was then (and now) classified as a capital felony. Given that statutory context, it is not reasonable to understand the term - 11 - "capital felony" in section 837.02(2) as having any meaning other than the specialized, legal meaning it had in the context of the Florida Criminal Code at the time section 837.02(2) was adopted....

...false information "concerning the alleged commission of a capital felony," applied to reports of sexual battery on children under twelve because "[i]f the reports had been correct, the doctor would have been guilty of capital felonies"). Nothing in section 837.02(2) suggests that any different meaning could have been intended. We recognize, of course, that the consequence of the classification of an offense as a capital felony is that the legislature deems it potentially eligible for imposition of the death penalty under section 775.082(1)(a)....

...elony" means a felony that may constitutionally be punished by death, the trial court relied primarily on the supreme court's decision in Mills, 786 So. 2d at 538, and the rule of lenity. Neither affords a legitimate basis for its construction of section 837.02(2). Mills is inapposite because it had nothing to do with section 837.02(2) or whether a felony classified as a capital felony retains that classification, and hence that meaning, when it is determined that it is unconstitutional to impose the death penalty for that particular felony....

...defendant, comes into play only when a statute is ambiguous and remains so after consulting traditional canons of statutory construction. See § 775.021(1), Fla. Stat. (2016); Paul v. State, 129 So. 3d 1058, 1064 (Fla. 2013). Because the term "capital felony" in section 837.02(2) is not ambiguous, the rule of lenity has no role to play in this case. Conclusion Floating in the background of this case is a concern that because capital sexual battery cea...

...however, a classic example of a function that belongs to the legislature and not to the courts. See Burgess, 198 So. 3d at 1159. As it stands, the legislature has stated that a capital felony is a felony that it has classified as such. Nothing in section 837.02(2) - 16 - shows that the term has a different meaning there....

...We doubt that it is *916 proper to give a lesser included instruction regarding a crime that is alleged only as a predicate act. Cf. State v. Adkins, 553 So.2d 294, 297 (Fla. 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....

...x-husband, a friend and herself in the arson. *211 Prior to her ex-husband's trial on the ensuing charges, she gave a sworn deposition to the defense attorney which conflicted with her previous testimony. The state charged Fowler with a violation of section 837.021, Florida Statute (1981), perjury by contradictory statements....

...uestion of great public importance: WHETHER THE FLORIDA BAR V. DOE, 384 So.2d 30 (Fla. 1980), BARS THE STATE FROM USING STATEMENTS MADE BY THE DEFENDANT UNDER A GRANT OF IMMUNITY IN PROSECUTION (a) FOR PERJURY BY LATER CONTRADICTORY STATEMENTS UNDER SECTION 837.021; AND (b) FOR PERJURY UNDER SECTION 837.02? 447 So.2d at 298....

...As the district court below correctly noted, this case is controlled by our decision in The Florida Bar v. Doe, 384 So.2d 30 (Fla. 1980), which held that a grant of immunity prohibits the use of those immunized statements in subsequent prosecution under section 837.021. We also addressed in that opinion the second part of the certified question, relating to prosecution under section 837.02, perjury in official proceedings....

...The State of Florida challenges a trial court order dismissing three perjury charges filed against the appellee, Robert J. Barbuto. We reverse. The state filed an information charging the appellee with one count of perjury by inconsistent statements in violation of section 837.021, Florida Statutes (1987), and two counts of perjury in an official proceeding in violation of section 837.02, Florida Statutes (1987)....

...2d DCA 1987). We agree with the state's contention that the statements referred to in the information were material. The question of the materiality of a statement in a perjury case is generally a question of law. Rader v. State, 52 So.2d 105 (Fla. 1951); § 837.021, Fla....

...o must now be approximately ten years old, also testified falsely at his trial. Thus, to relieve himself of one misdemeanor on his criminal record, Mr. Butler is attempting to establish that the mother of his son committed a third-degree felony. See § 837.02(1), Fla....

...with and obtained a conviction for perjury based on her statements connected to the domestic 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. Based on the record before us, it appears that the alleged victim was never charged with a violation of section 837.02, Florida Statutes, felony perjury in official proceedings for making a false statement at the VOP hearing....

...t to police and admitting she had lied to the police. The investigator was also the affiant to the alleged victim’s probable cause affidavit on which her arrest warrant was 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. The investigator testified that he believed she lied at the VOP hearing which would have been a violation of 837.02, perjury in official proceedings, but claimed it was “easier” to prosecute her for the two conflicting sworn statements, which he again claimed was a misdemeanor charge....

...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....

...ce any person to: .... (f) Testify untruthfully in an official investigation or an official proceeding, commits the crime of tampering with a witness, victim, or informant. Fla. Stat. § 914.22 (Westlaw 2008). Plaintiffs also cite to Florida Statute § 837.02, entitled “Perjury in official proceedings,” which states, “......

...(Doc. # 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....

...ted summary judgment for the pharmacy. Id. at 454-55 . The Court finds that Kaminer is inapplicable to the present case. 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....

...Deputy Jelly was a pretext to discover "the rat” who would eventually be terminated. Yerk also contends that the LCSO was politically corrupt. (Doc. # 146, p. 2.) . Lt. Rairden's interview of Yerk was not an "official proceeding”, so Fla. Stat. § 837.02 would not apply in any case....

...shall ... be twice put in jeopardy for the same offense.” Art. I, § 9, Fla. Const. . By contrast, Florida’s perjury statutes speak in terms of "false statement" and, thereby, reflect an intent to punish each false statement as a separate crime. Section 837.02, Florida Statutes (2008), provides: 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.......

...Two weeks after Soller made the statement, he was charged with perjury. Later he was found guilty of the charge, adjudicated, and placed on two years probation. We reverse because the state failed to show that the false statement was “in regard to any material matter.” § 837.02(1), Fla....

...Shaw would appear entitled to relief under the standards relating to ineffective assistance of counsel. Jones v. State, 627 So.2d 28 (Fla. 2d DCA 1993). On the other hand, if these sworn allegations are proven to be false on remand, they would seem to present a proper basis for a charge of perjury in an official proceeding. § 837.02, Fla....

...The trial court granted the motions to dismiss, concluding that because there was no offense of perjury-due to the recantation, the appellees could not be charged with aiding and abetting a nonexistent offense. The state appeals... The defendants were charged with violating section 837.02(1), Florida Statutes (1989)....

PENALTY OF PERJURY PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.

...287, 289 (S.D.N.Y. 1993) (quoting S. Treaty Doc. 102–23, 102d Cong, 2d Sess (1992)). In Florida, “the offense of perjury in an official proceeding is a third-degree felony and is punishable by up to five years in prison.” Harrell, 709 So. 2d at 1371; see also § 837.02(1), Fla....

allegedly perjurious testimony to be violative of section 837.02, Florida Statutes, the “official proceedings”

...Of some significance to us is the fact that Section 90.801(2)(a)’s phrase “other proceeding” is not expressly restricted by such modifiers as “official” or “formal.” For example, the legislature has distinguished between penury in an official proceeding (Section 837.02) and perjury when not in an official proceeding (Section 837.-012) and has defined the term “official proceeding.” 1 We would also note that it is clear from the statutory language of Sections 90.801(2)(a) and the above perjury sec...

Dudley W. McKay, Jr., was convicted of the crime of perjury and he appeals. Affirmed. The appellant, Dudley W. McKay, Jr., was convicted in the Criminal Court of Record of Duval County, Florida, for the crime of perjury, as defined by Section 837.02 , F.S.A., and by the court sentenced to serve a period of seven years at hard labor in the State Prison....

...* * * ” 6 The order quashing the information charging appellee with the offense of perjury is accordingly reversed and the cause remanded for further proceedings consistent with the views expressed herein. Reversed. JOHNSON and SPECTOR, JJ., concur. . Wolfe v. State (Fla.App.1966), 190 So. 2d 394, 395, 397 . . F.S. § 837.02, F.S.A....

...ifying under oath in an official proceeding, to wit: the … Statewide Grand Jury … did make a false statement which [the superintendent] did not believe to be true, in regard to a material matter, in violation of Section[] 837.02(1) of the Florida Statutes. AND ALL SAID OFFENSES OCCURRED IN TWO OR MORE JUDICIAL CIRCUITS IN THE STATE OF FLORIDA AS PART OF A RELATED TRANSACTION …. (emphases added). The superintendent filed a motion to dismiss the indictment....

...[The superintendent] … while testifying under oath in an official proceeding, to wit: the … Statewide Grand Jury, did make a false statement which [the superintendent] did not believe to be true, in regard to a material matter in violation of [section] 837.02(1)[, Florida Statutes (2020),] AND ALL SAID OFFENSES OCCURRED IN TWO OR MORE JUDICIAL CIRCUITS IN THE STATE OF FLORIDA AS PART OF A RELATED TRANSACTION …. [Section] 905.34 creates the authority and subject matter jurisdictio...

...as part of a related transaction.” § 905.34, Fla. Stat. (2020). “Perjury” occurs when a person “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.” § 837.02(1), Fla....

...s part of a related transaction,” and not just in the single circuit where the speaker “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.” §§ 905.34 & 837.02(1), Fla....

...1st DCA 2018) (“In our review of the sufficiency of the evidence, all evidence is viewed in the light most favorable to the verdict, and all inferences are interpreted in favor of the verdict.” (citation omitted)). A. Section 837.02, Florida Statutes, provides, “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 . . . .” § 837.02(1), Fla....

...established.” Parris, 359 So. 3d at 1189 (quoting Gordon v. State, 104 So. 2d 524, 531 (Fla. 1958)). 4 Sumter County Commissioner Gary Search after January 2021, that OREN MILLER knew to be false and untrue, in violation of Florida Statute 837.02(1).” Of course, “the State must prove the allegations set up in the information or the indictment.” Lewis v. State, 53 So....

CAMPBELL, Judge. Appellant appeals the trial court’s denial of his motion to dismiss filed pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). We reverse. Appellant was charged with perjury by contradictory statements, a violation of section 837.021, Florida Statutes (1983)....

...should be aware of the fact that the oath is in effect at the time the statement is given. Assuming, for the purposes of this case, however, that both statements of appellant were under oath, we pass to the broader issue of whether prosecution under section 837.021 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....

...The sole consideration by our sister court in Schramm was whether a police interrogation, under oath, equated to an “official proceeding” under section 837.011(1). The court in Schramm , in regard to a charge of perjury in an official proceeding in violation of section 837.02, Florida Statutes (1977), held that: Schramm gave his false statements to the police station pursuant to a homicide investigation....

...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). Since Schramm’s statements were not made during an official proceeding, his conviction for violation of Section 837.02, Florida Statutes (1977) is reversed. (Footnotes omitted.) Moreover, prior to its amendment by the enactment of chapter 74-383, Laws of Florida (1974), section 837.021, prohibiting perjury by contradicting statements, read quite differently than it does since the amendment. Prior to the 1974 amendment, section 837.021 prohibited perjury by contradictory statements when made “in one or more trials, hearings, investigations, depositions or affidavits.” (Emphasis added.) Sections 53 and 56 of chapter 74-383 amended section 837.021 to prohibit contradictory statements when made “in one or more official proceedings” and added section 837.011(1), which defined “official proceeding” as: “Official proceeding” means a proceeding heard, or which may be or...

MOORE, Judge. Appellee was charged with the crime of perjury under Section 837.02(1), Florida Statutes (1977) as the result of testimony given on deposition in a civil trial....

...State, 466 So.2d 210, 211 (Fla.1985) holds: As the district court below correctly noted, this case is controlled by our decision in The Florida Bar v. Doe, 384 So.2d 30 (Fla.1980), which held that a grant of immunity prohibits the use of those immunized statements in subsequent prosecution under section 837.021....

...Rule 4-1.16(c) recognizes that notwithstanding good cause for terminating representation of a client, a lawyer is obliged to continue representation if so ordered by a tribunal. To permit or assist a client or other witness to testify falsely is prohibited by section 837.02, Florida Statutes (1991), which makes perjury in an official proceeding a felony, and by section 777.011, Florida Statutes (1991), which proscribes aiding, abetting, or counseling commission of a felony....

...TION OR ORDER ISSUED AT THAT HEARING. 1 HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES....

...gment of Injunction for Protection. I have read every statement made In this affidavit and each statement is true and correct. I understand that the statements made in this affidavit are being made under penalty of perjury, punishable as provided in Section 837.02, Florida Statutes and that the punishment for knowingly making a false statement includes fines and/or imprisonment....

charged with the crime of perjury, pursuant to Section 837.-02, Florida Statutes (1975). In addition, one

witness to testify falsely is prohibited by section 837.02, Florida Statutes (1991), which makes perjury

...Rule 4-1.16(c) recognizes that notwithstanding good cause for terminating representation of a client, a lawyer is obliged to continue representation if so ordered by a tribunal. To permit or assist a client or other witness to testify falsely is prohibited by Florida Statute § 837.02, which makes perjury in an official proceeding a felony and by Florida Statute § 777.011, which proscribes aiding, abetting, or counseling commission of a felony....

...INJUNCTION ISSUED AT THAT HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. ____________(initials) Dated: _______________________________ Signature of Petitioner STATE OF FLORIDA COUNTY OF _________________________ Sworn to or affir...

...ION OR ORDER ISSUED AT THAT HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. Dated: ____ ____________________________________________ Signature of Petitioner Printed Name: Address: City, State, Zip: Telephone Number: Designated E-Mail Address(es): ____________________________...

...ment of Injunction for Protection. I have read every statement made in this affidavit and each statement is true and correct. I understand that the statements made in this affidavit are being made under penalty of perjury, punishable as provided in Section 837.02, Florida Statutes and that the punishment for knowingly Florida Supreme Court Approved Family Law Form 12.980(w), Petition By Affidavit for Order to Show Cause for a Violation of Final Judgment of Injunction for Protection Against Dom...

penalty of perjury, punishable as provided in Section 837.02, Florida Statutes and that the punishment for

jury, which constitutes an offense as provided in § 837.02, Fla.Stat., F.S.A. Subsequently, upon the motion

...The appellant challenges her judgment and sentences for perjury. She argues that the trial court’s reason for departing from the sentencing guidelines is invalid. We agree and reverse. On May 16, 1990, the appellant was charged in count I with perjury in violation of section 837.02, Florida Statutes (1989), and in count II with perjury by contradictory statements in violation of section 837.021, Florida Statutes (1989)....

...INJUNCTION ISSUED AT THAT HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. ____________ (initials) Dated:...

...on October 8, 1990 which resulted in his being remanded to custody and a bond increase was due to his taking his girlfriend’s daughter, Desera Hollie, to the emergency room of the Central Florida Regional Hospital in Sanford, contrary to Sections 837.02 and 837.011, Florida Statutes, COUNT II AND ......

...of making one false statement into two discrete crimes. We accordingly vacate the conviction for violation of section 903.035(1)(a), Florida Statutes. AFFIRMED in part; REVERSED in part. PETERSON, J., concurs. GOSHORN, J., dissents, with opinion. . § 837.02, Fla.Stat....

...e 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. (1993). . § 837.02, Fla.Stat....

PER CURIAM. This is an appeal by William Allan Mob-ley from an adjudication of guilty of perjury in an official proceeding under Section 837.02, Florida Statutes (1975) 1 ....

...3d DCA 1974). On appeal this court will not substitute its judgment on such matters for that of the jury. Jefferson, supra, and cases cited therein. We have also considered Mobley’s second point on appeal and find it lacking- in merit. Affirmed. . “837.02 Perjury in official proceedings “(1) 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, punishable as...

...b. making false entries in the books of a corporation (KEL) in violation of sections 817.034, 817.15, and 895.02(2) of the Florida Statutes; c. suborning perjury and obstructing justice in violation of sections 837.02 and 892.02(2) of the Florida Statutes; d....

...the statement does not believe it to be true. Id. at 272. The elements of perjury in official proceedings are: 1) making a false statement, 2) which one does not believe to be true, 3) under oath in an official proceeding, 4) in regard to any material matter. See § 837.02(1), Fla....

...- 13 - whether there was a reasonable and good faith basis for invoking the privilege: If the witnesses’ testimony at the evidentiary hearing was false, then that would subject the witness to a charge of perjury by contradiction. § 837.021, Fla. Stat. Alternatively, if a witness testified that the sworn affidavit they signed a week ago was false, then they could be charged with perjury in official proceedings. § 837.02(2), Fla....

...Rule 4-1.16(c) recognizes that notwithstanding good cause for terminating representation of a client, a lawyer is obliged to continue representation if so ordered by a tribunal. To permit or assist a client or other witness to testify falsely is prohibited by -Florida Statute § section 837.02, Florida Statutes (1991), which makes perjury in an official proceeding a felony;, and by Florida Statute § section 777.011, Florida Statutes (1991), which proscribes aiding, abetting, or counseling commission of a felony....

of both perjury in an official proceeding (section 837.02) and providing false information in an application

...ON OR ORDER ISSUED AT THAT HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. THIS PETITION MUST BE SIGNED BY THE PETITIONER BUT IT IS NOT REQUIRED TO BE NOTARIZED IF IT IS FILED DURING THE SCOPE AND DURATION OF A STATE OF EMERGENCY DECLARED BY A GOVERNMENTAL ENTITY. Dated:...

...ON OR ORDER ISSUED AT THAT HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. THIS PETITION MUST BE SIGNED BY THE PETITIONER BUT IT IS NOT REQUIRED TO BE NOTARIZED IF IT IS FILED DURING THE SCOPE AND DURATION OF A STATE OF EMERGENCY DECLARED BY A GOVERNMENTAL ENTITY. Florida Supreme Court...

...ON OR ORDER ISSUED AT THAT HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. THIS PETITION MUST BE SIGNED BY THE PETITIONER BUT IT IS NOT REQUIRED TO BE NOTARIZED IF IT IS FILED DURING THE SCOPE AND DURATION OF A STATE OF EMERGENCY DECLARED BY A GOVERNMENTAL ENTITY. Florida Supreme Court...

...ON OR ORDER ISSUED AT THAT HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. THIS PETITION MUST BE SIGNED BY THE PETITIONER BUT IT IS NOT REQUIRED TO BE NOTARIZED IF IT IS FILED DURING THE SCOPE AND DURATION OF A STATE OF EMERGENCY DECLARED BY A GOVERNMENTAL ENTITY. Dated:...

...ON OR ORDER ISSUED AT THAT HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. THIS PETITION MUST BE SIGNED BY THE PETITIONER BUT IT IS NOT REQUIRED TO BE NOTARIZED IF IT IS FILED DURING THE SCOPE AND DURATION OF A STATE OF EMERGENCY DECLARED BY A GOVERNMENTAL ENTITY. Dated:...

...She then gave a second and allegedly different account of the arson, which conflicted with her previous testimony concerning her ex-husband’s knowledge of the arson. The state then charged Fowler with perjury by contradictory statements in violation of section 837.021, Florida Statutes (1981)....

...ed forward and protected her from having her prior statements used against her to show inconsistency with her testimony at the deposition. The Florida Bar v. Doe. The Doe case mandates dismissal of the information charging Fowler with a violation of section 837.021....

...Accordingly, we reverse the trial court’s order denying Fowler’s motion to dismiss and vacate her conviction and sentence. Although Fowler was immune from prosecution based on her contradictory statements, the supreme court pointed out in Doe that the state is not precluded from prosecuting her under section 837.02 (perjury in official proceedings). However, the effect of that decision appears to make it extremely difficult for the state to prosecute Fowler for perjury in official proceedings under section 837.02, since Doe holds that the grant of immunity carries forward....

...We certify to the supreme court the following question as being one of great public importance: *298 WHETHER THE FLORIDA BAR v. DOE, 384 So.2d 30 (Fla.1980), BARS THE STATE FROM USING STATEMENTS MADE BY THE DEFENDANT UNDER A GRANT OF IMMUNITY IN PROSECUTION (a) FOR PERJURY BY LATER CONTRADICTORY STATEMENTS UNDER SECTION 837.021; AND (b) FOR PERJURY UNDER SECTION 837.02? REVERSED AND QUESTION CERTIFIED....

PER CURIAM. Defendant-appellant Wolfe seeks review of a conviction of perjury, as charged in an information. The conviction was entered in a jury trial and a one year sentence was thereupon imposed. § 837.02, Fla.Stat., F.S.A....

...4th DCA 2020) (same). And we note that where false statements under oath occur, such a false statement can be investigated and potentially prosecuted separately as perjury, and the offender may be convicted and sentenced up to five years in state prison. See § 837.02(1), Fla....

...inal Court of Record had no authority to conduct this particular preliminary hearing. Appellant maintains that the County Solicitor stipulated in the record, before the beginning of the trial, that the State would proceed under Florida Statutes Sec. 837.02, F.S.A., which provides: “837.02 Perjury in judicial proceeding ; punishment....

...This finding, however, presents a most serious failure in the State’s proof of the crime of perjury. Justice Thornal, in the case of Gordon v. State of Florida, Fla., 104 So.2d 524 , 530r in discussing the definition and elements of perjury, says: “The crime of perjury committed in a judicial proceeding is condemned by Section 837.02, Florida Statutes, F....

...ony as to a matter which was material to this unknown charge. Appellant further contends, that a preliminary hearing is not a judicial proceeding, and since the County Solicitor had stipulated that the case would be tried under Florida Statutes Sec. 837.02, F.S.A., that the case should be reversed, because the State had failed to prove that the false testimony was given in a judicial proceeding....

...urt revoked its prior order of dismissal as to the cases against Jimmy Diamond and Jeanne Anthony, and set them for a jury trial at a later date. Subsequently, an information was filed against appellant charging him with perjury in violation of F.S. Section 837.02, F.S.A....

...We do not here question the inherent power of a trial judge to summon before him those whom he suspects have been guilty of working a fraud upon the coulrt, and we have no difficulty in determining that such an inquiry would qualify as a “proceeding in a court of justice” under F.S. Section 837.02, F.S.A....

...T I MUST APPEAR AT THE HEARING. *953 I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES....

...If the sworn allegations are true, Moncer would be entitled to the consideration of his postconviction relief motion on its merits. On the other hand, if the sworn allegations are proven to be false, they would seem to present a proper basis for a charge of perjury in an official proceeding. § 837.02, Fla.Stat....

...e assessed for category IV “legal status.” Fla.R.Crim.P. 3.701.d.6. Accordingly, we reverse the sentence and remand for resentencing. REVERSED and REMANDED for re-sentencing. ORFINGER, J., concurs. DAUKSCH,. J., concurs specially with opinion. . § 837.02(1), Fla.Stat....

PENALTY OF PERJURY PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.

...I HAVE REPORTED THE ALLEGATIONS IN THIS PETITION TO THE CENTRAL ABUSE HOTLINE. I HAVE READ EACH STATEMENT MADE IN THIS PETITION AND EACH SUCH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. Signature of Party Printed Name: Address:...

...Telephone Number: Fax Number: E-mail Address(es): I HAVE READ EVERY STATEMENT MADE IN THIS DOCUMENT AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. _______________________________ Signature of Petitioner Printed...

...BE BOUND BY THE TERMS OF ANY INJUNCTION OR ORDER ISSUED AT THAT HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. THIS PETITION MUST BE SIGNED BY THE PETITIONER BUT IT IS NOT REQUIRED TO BE NOTARIZED IF IT IS FILED DURING THE SCOPE AND DURATION OF A STATE OF EMERGENCY DECLARED BY A GOVERNMENTAL ENTITY. Florida Supreme Court...

...BE BOUND BY THE TERMS OF ANY INJUNCTION OR ORDER ISSUED AT THAT HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. THIS PETITION MUST BE SIGNED BY THE PETITIONER BUT IT IS NOT REQUIRED TO BE NOTARIZED IF IT IS FILED DURING THE SCOPE AND DURATION OF A STATE OF EMERGENCY DECLARED BY A GOVERNMENTAL ENTITY. Dated:...

...I Florida Supreme Court Approved Family Law Form 12.980(n), Petition for Injunction for Protection Against Dating Violence (08/23) -30- UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. THIS PETITION MUST BE SIGNED BY THE PETITIONER BUT IT IS NOT REQUIRED TO BE NOTARIZED IF IT IS FILED DURING THE SCOPE AND DURATION OF A STATE OF EMERGENCY DECLARED BY A GOVERNMENTAL ENTITY. Dated:...

...BE BOUND BY THE TERMS OF ANY INJUNCTION OR ORDER ISSUED AT THAT HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. THIS PETITION MUST BE SIGNED BY THE PETITIONER BUT IT IS NOT REQUIRED TO BE NOTARIZED IF IT IS FILED DURING THE SCOPE AND DURATION OF A STATE OF EMERGENCY DECLARED BY A GOVERNMENTAL ENTITY. Dated:...

...-44- I HAVE READ EVERY STATEMENT MADE IN THIS PETITION, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. THIS PETITION MUST BE SIGNED BY THE PETITIONER BUT IT IS NOT REQUIRED TO BE NOTARIZED IF IT IS FILED DURING THE SCOPE AND DURATION OF A STATE OF EMERGENCY DECLARED BY A GOVERNMENTAL ENTITY. Dated:...

...We reverse the witness tampering conviction because it violated double jeopardy.  One of the principal-to-perjury charges was based on Mays's procuring of witness L.B. to testify falsely in a deposition in another criminal proceeding. See §§ 777.011, 837.02(1), Fla....

...3. The person took an oath in an official proceeding; and 4. While under oath, she made a false statement that she did not believe to be true. -2- See §§ 777.011, 837.02(1)....

...is necessary only to determine the degree of the tampering charge. As the lesser included offense portion of the instruction states: "The degree of this crime depends on the severity of the underlying offense that is the subject of the tampering. See § 914.22(2), Fla. Stat." Cf. § 837.02(1), (2) (distinguishing degree of perjury crime based on degree of underlying crime). -3- a witness in violation of section 914.22....

...n, a new trial would be ordered forthwith without further discussion. 1 However, the trial court’s decision denying appellant’s motion for new trial can be understood by an examination of the record. Perjury in official proceedings is defined in Section 837.02, Florida Statutes (1977): (1) 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, punishable as provided in s....