Everything You Need to Know About Perjury in Florida

July 8, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Perjury is a well-known criminal offense. It typically involves lying or making contradictory statements in a judicial proceeding while under oath. However, there are also many other forms of perjury under Florida Statutes Chapter 837 (Florida’s perjury law).

This article will discuss Florida’s laws against perjury and the potential criminal and financial penalties someone may face if found guilty of this offense.

One of the most prominent forms of perjury is perjury in an official proceeding. The offense of perjury in an official proceeding is regulated under Florida Statutes Chapter 837.

In order for someone to be found guilty of perjury in an official proceeding in Florida, the State must prove the following five elements beyond a reasonable doubt:

• Someone took an oath or otherwise affirmed that they were obligated by conscience or by law to speak the truth in 
• The oath or affirmation was made to a person allegedly administering oath, who was acting in an official capacity
• While under an oath, a person made the perjurious statement
• The statement was false
• The person who made the statement did not believe the statement was true when they made it

A person who commits perjury in an official proceeding is guilty of a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. If the proceeding during which the perjury occurs is related to a capital felony, perjury becomes a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. 

Important: The materiality or lack thereof of the false statement is irrelevant to the charge once a defendant is on trial. Even if the defendant subjectively believes their allegedly false statement did not impact the proceedings, this is not a defense to a perjury charge if all the elements of the offense are satisfied.

Under certain circumstances where there was arguably an immediate correction of the false statement and the false statement did not impact the proceeding, a defendant may be entitled to argue a “recantation defense” under Carter v. State, 384 So.2d 1255 (Fla. 1980).

In such a situation, the jury would be instructed to consider whether:

• The false statement was correctly voluntarily and promptly, and;
• Whether the false statement had any material impact on the proceeding

A statement is considered material to the proceedings if it has the “mere potential” to impact the resolution of a primary or secondary issue being considered before the court at the proceeding. Soller v. State, 666 So.2d 992 (Fla 5th DCA 1996).

Note: Someone expressing an opinion is not perjury, as the statement must be one of fact that the person knew to be false at the time it was made to qualify as perjury. Vargas v. State, 795 So.2d 270 (Fla 3rd DCA 2001). 

Moreover, a perjury in an official proceeding charge is not limited to statements made during an actual trial. A perjury in an official proceeding charge may stem from false statements made during preliminary proceedings, such as pretrial depositions of witnesses. Bazarte v. State, 117 So.2d 227 (Fla 2nd DCA 1959).

It is also not necessary that the false statement be believed by the judge, members of the jury, or anyone in the courtroom for this to constitute perjury. If the statement is knowingly false and made during an official proceeding without correction while under oath, it is considered perjury as a matter of law. Adams v. Murphy, 394 So.2d 411 (Fla. 1981).

In addition to perjury in an official proceeding, someone may commit perjury in an unofficial proceeding, as explained under Florida Statutes Section 837.012. This is similar to perjury in an official proceeding, except that does not take place at a trial, during a sworn deposition, or other official proceeding that makes perjury a felony. 

An example of perjury when not in an official proceeding may include any of the following:

• Making a false or contradictory statement material to the relevant legal matter in a notarized affidavit
• Making a false or contradictory statement material to the relevant legal matter on a DMV form
• Making a false or contradictory statement material to the relevant legal matter in a sworn statement to police

In Florida, perjury in an unofficial proceeding is a first-degree misdemeanor. It is punishable by up to one year in jail and a $1,000 fine.

Florida’s perjury statute also discusses various other forms of the offense. One of these is perjury by contradictory statements, regulated by Fla. Stat. Section 837.021.

Perjury by contradictory statements occurs when the following is true:

• A person testifies under oath and makes two or more irreconcilably contradictory, material statements under oath 
• One of the statements must be false

Notably, the prosecution does not have to prove which one of the statements is false (Fla. Stat. Section 837.021(3)(c)). If one or more of the statements cannot be true, the crime is committed. 

Perjury by contradictory statements is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. If perjury by contradictory statements occurs in a legal proceeding while the witness is under oath and testifying to a material matter relating to a capital felony, the offense becomes a second-degree felony. This is punishable by up to 15 years in prison and a $10,000 fine.

Another form of perjury in Florida is covered by Fla. Stat. 837.05, which criminalizes making a false report to law enforcement. To commit this offense, someone must make a knowingly false statement to police “concerning the alleged commission of any crime.”

False reports to law enforcement are typically considered first-degree misdemeanors. A first-degree misdemeanor is punishable by up to 1 year in jail and a $1,000 fine. If someone has previously made a false report or the false report relates to the alleged commission of a capital felony, violating 837.05 is a third-degree felony punishable by up to 5 years in prison.

Yet another perjury charge in Florida can stem from false official statements under Fla. Stat. 837.06. False official statements occur when someone knowingly makes a false statement in writing with the intent to mislead a public servant in their official duties. Examples may include:

• Someone knowingly puts false information on their concealed weapons permit application (the public servant is the reviewer of the application at the Department of Agriculture)
• Lying on a state employment application
• False statements on a notarized sworn affidavit submitted to the State Attorney’s Office
• Falsifying residency on a form submitted to a public university for in-state tuition eligibility

The offense of false official statements is a second-degree misdemeanor punishable by 60 days in jail and a $500 fine.

Finally, a perjurious statement is a crime if it entails providing false information to police during a felony investigation (Fla. Stat. Section 837.055).

For someone to be found guilty, the following must be true:

• Someone knowingly and willfully gave false information to a law enforcement officer conducting a missing persons investigation or felony criminal investigation
• The statement was given with the intent to mislead the officer or impede the investigation

Providing false information to law enforcement during an investigation is a first-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine.

But this becomes a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine) if:

• The knowingly and willfully false information is given to police in an investigation surrounding a missing child aged 16 or younger
• The child at the center of the investigation suffers great bodily harm, permanent disability, permanent disfigurement, or death 

Various defenses to the offense of perjury (in any of the above forms) exist. These may include: 

• Lack of willful intent: The statement must be knowingly and willfully false. Honest mistakes, confusion or poor memory is not perjury under Florida law.
• Materiality: The knowingly false statement must be material (potentially impacting the outcome of the proceeding). If the statement is immaterial or entirely collateral, this is not considered criminal perjury.
• Ambiguity or vagueness: If the question asked that triggered the perjury charge (if during a proceeding) was ambiguous or unclear, and someone attempted to reasonably answer this question, the answer is not considered perjury without knowing and willful dishonesty
• Recantation: Recantation (retraction) is a defense to perjury under Fla. Stat. Section 837.07 if the retraction is made in the same proceeding, it is made before the false statement materially affects the proceeding, and it is voluntary. 
• Lack of oath or affirmation made verbally or in writing that the statement is true (not a defense to 837.05, but may be to other forms of perjury)
• Inconsistent but not irreconcilable statements (if both statements could conceivably be true or relate to different circumstances)

The following is an example of successful recantation (837.07) for purposes of defending against a perjury charge:

• A witness falsely testifies during a deposition they were never present at the crime scene
• Fifteen minutes later – before they are cross-examined or confronted with contradictory evidence – they clarify that they were there but afraid to say so earlier

However, retraction fails as a defense in the following hypothetical:

• A defendant testifies that they were never present at the crime scene
• On cross-examination, the prosecution introduces surveillance footage showing the witness present at the crime scene
• The defendant admits they lied on cross-examination

Even though the defendant admitted their first statement was untrue, this is not a lawful recantation under Fla. Stat. Section 837.07, as it was involuntarily (in the face of contradictory evidence being presented). 

In sum, perjury is a very serious crime in Florida that comes in various forms. But various defenses are available – such as recantation, immateriality of the statement, ambiguity of the question that caused the statement, and lack of knowing or willful intent to lie.

If someone is charged with perjury, it is vital to have the best representation possible, as a conviction can carry heavy criminal and financial penalties. Don Pumphrey Jr. and the attorneys at Pumphrey Law have decades of experience fighting to win for clients across the state of Florida.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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