What Is Perjury in Florida? Penalties for Lying Under Oath
Written and reviewed by Daniel B. Reinfeld, Esq. | Last updated October 28, 2026
Perjury is knowingly making a false statement under oath about a material matter. In Florida, lying under oath in an official proceeding, such as a trial or deposition, is perjury under section 837.02 and is a third-degree felony. Lying under oath outside an official proceeding is a first-degree misdemeanor under section 837.012. An honest mistake or a faulty memory is not perjury.
What is perjury?
Perjury is lying under oath. The oath is what separates it from ordinary dishonesty. A person who swears or affirms to tell the truth, then states something they do not believe is true about an important issue, commits the offense.
Florida's perjury statutes are in chapter 837. Section 837.011 defines the key terms. An oath includes an affirmation or other legally required attestation in which a person acknowledges a duty to testify truthfully. That matters because many written statements, not only courtroom testimony, are made under oath.
What are the elements of perjury in Florida?
The prosecution must prove three things: a false statement, made under oath, about a material matter. The speaker must also not believe the statement is true when making it.
The false statement must be one the person does not believe to be true. Being wrong is not enough. If you honestly misremember a date, misjudge a speed, or answer a confusing question in a way you later realize was inaccurate, you have not committed perjury, because you believed what you said.
The statement must be material. Section 837.011 defines a material matter as any subject that could affect the course or outcome of the proceeding, whether or not the information is admissible. Materiality is a question of law for the judge. Under sections 837.012 and 837.02, the speaker does not have to know the statement is material, and a mistaken belief that it was unimportant is not a defense.
What is an official proceeding?
An official proceeding is a hearing or proceeding before a legislative, judicial, administrative, or other government body or official authorized to take sworn evidence. Under section 837.011, that includes judges, referees, magistrates, administrative law judges, hearing officers, and notaries or other officials taking testimony or depositions.
For anyone involved in a civil lawsuit, the practical point is that a deposition is covered. Sworn testimony taken before a court reporter in a lawyer's conference room is testimony in an official proceeding. My article on what a deposition is in Florida explains the process.
Is perjury a felony in Florida?
Usually, yes. Under section 837.02, perjury in an official proceeding is a third-degree felony. If the official proceeding relates to the prosecution of a capital felony, it is a second-degree felony.
Perjury outside an official proceeding is different. Section 837.012 makes it a first-degree misdemeanor. An example is a false sworn statement that is not made in a hearing, trial, or deposition and is material to some other matter.
What is the penalty for perjury in Florida?
The penalty depends on the degree of the offense, and the degrees are set in sections 775.082 and 775.083.
A third-degree felony carries up to five years in prison and a fine of up to $5,000. A second-degree felony, which applies when the proceeding relates to a capital felony, carries up to 15 years and a fine of up to $10,000. A first-degree misdemeanor carries up to one year in jail and a fine of up to $1,000. Section 775.083 also allows a higher fine tied to the offender's pecuniary gain or the victim's loss in some cases.
A conviction can also bring probation, a permanent criminal record, and damage to credibility in every later proceeding. The exact sentence is up to the court under Florida's sentencing laws and depends on the case.
What is perjury by contradictory statements?
Section 837.021 covers a person who willfully makes two or more material statements under oath, in one or more official proceedings, that contradict each other. It is also a third-degree felony, or a second-degree felony in capital felony prosecutions.
The state may charge it in a single count alleging in the alternative that one or more of the statements is false. The state does not have to prove which statement is untrue. It is a defense if the accused believed each statement was true when it was made. The statute also limits prosecution when the latest statement was made under a grant of immunity.
What is the difference between perjury and a false statement?
Perjury requires an oath. A false statement generally does not.
Section 837.06, for example, makes it a second-degree misdemeanor to knowingly make a false written statement intended to mislead a public servant performing official duties. Section 837.05 makes it a first-degree misdemeanor to knowingly give false information to a law enforcement officer about an alleged crime, with felony enhancements in certain cases. Neither requires a sworn statement. A person who lies to a police officer is not committing perjury, but may be committing a different crime.
Can you take back a false statement?
Sometimes. Under section 837.07, recantation is a defense to a perjury or false-statement charge only if the person admits the falsity in the same continuous proceeding or matter and meets one of two conditions. Either the false statement did not substantially affect the proceeding, or the admission came before it became apparent that the falsehood would be exposed.
The lesson is simple. If you realize you gave an incorrect answer, tell your lawyer immediately so it can be corrected on the record, such as through an errata sheet or a clarifying statement. Waiting makes things worse.
What are examples of perjury?
A witness testifies at trial that he saw the red light turn after the car entered the intersection, when he did not see the light at all. A person swears in a deposition that he has never been treated for back problems, when his medical records show years of treatment. A party signs sworn interrogatory answers denying a prior accident that she knows happened.
Each involves a knowing falsehood, under oath, on a subject that could affect the outcome. In contrast, saying you think a crash happened around 3:00 p.m. when it was closer to 3:30 p.m., and honestly believing it, is not perjury.
Can lying under oath hurt a civil case even without a criminal charge?
Yes, and this is where the danger lands for most people. Florida courts have inherent power to sanction a party who lies under oath, including by dismissing the claim or striking a defense, although the sanction is reserved for serious cases.
In Cox v. Burke, 706 So. 2d 43 (Fla. 5th DCA 1998), the court explained that fraud on the court must be shown by clear and convincing evidence of a knowing scheme to interfere with the court's ability to decide the case fairly. Dismissal has been upheld where a plaintiff denied prior injuries that medical records showed, including in Diaz v. Home Depot USA, Inc., 196 So. 3d 504 (Fla. 3d DCA 2016), and where false testimony went to the central issue of causation, as in Morgan v. Campbell, 816 So. 2d 251 (Fla. 2d DCA 2002).
Courts are careful, though. Dismissal is the most severe sanction, and appellate courts have reversed it where the inconsistencies did not go to the heart of the claim or were better handled by a jury, as in Suarez v. Benihana National of Florida Corp., 88 So. 3d 348 (Fla. 3d DCA 2012), and Guillen v. Vang, 138 So. 3d 1144 (Fla. 5th DCA 2014). Inconsistency and poor memory are usually handled through cross-examination.
Where does perjury come up in a personal injury case?
Anywhere you swear to something. In an injury case that includes your deposition, your sworn answers to interrogatories, any affidavit you sign, and your testimony at trial. It can also include statements in an examination under oath for an insurance claim.
Insurers investigate. They collect prior medical records, claims histories, social media, and surveillance, and they compare them to what you swore. A prior back injury you leave out of a deposition will often surface. Tell the truth about prior injuries, even the ones you think are unrelated, and let your lawyer decide how to present them. My articles on what interrogatories are in Florida, what an affidavit is in Florida, and what an EUO and recorded statement are in Floridacover the settings where sworn statements are taken.
Frequently Asked Questions
What is perjury in simple terms?
Perjury is knowingly lying about something important while under oath.
Is perjury a felony in Florida?
Perjury in an official proceeding is a third-degree felony under section 837.02. Perjury outside an official proceeding is a first-degree misdemeanor under section 837.012.
What is the penalty for perjury in Florida?
A third-degree felony carries up to five years in prison and a fine of up to $5,000. A first-degree misdemeanor carries up to one year in jail and a fine of up to $1,000.
Is a mistake or bad memory perjury?
No. The speaker must not believe the statement is true when making it. An honest error is not perjury.
Does a deposition count as an official proceeding?
Yes. Section 837.011 includes proceedings in which officials take testimony or depositions, so a knowing lie under oath in a deposition can be perjury.
What is perjury by contradictory statements?
It is willfully making two or more material sworn statements that contradict each other. It is a third-degree felony under section 837.021, and the state does not have to prove which statement is false.
Can I fix a false answer I gave under oath?
Possibly. Recantation is a defense under section 837.07 only in limited circumstances, such as correcting the statement in the same proceeding before it becomes apparent that the falsehood will be exposed. Tell your lawyer right away.
Can lying in a deposition get my injury case dismissed?
It can in serious cases. Florida courts have dismissed claims for deliberate false testimony about central issues, such as prior injuries, but they require clear and convincing evidence of a knowing scheme and often use lesser sanctions.
Call Today. Discuss Your Sworn Testimony Directly With Dan
Preparing to give a deposition or answer sworn questions can be stressful. When you call Daniel B. Reinfeld, PA, you speak directly with Dan, not a call center, and he handles your case personally. Dan has practiced law in Florida for more than 25 years, has tried felony cases as a public defender, and spent years defending insurance claims before representing injured people, so he knows how testimony is tested. Consultations are free, and there is no fee unless we recover for you. Dan meets by phone, Zoom, at the hospital, or at your home, with evening and weekend appointments available.
Call (954) 923-6110 or email dan@reinfeldlaw.com.
Hollywood office: 2450 Hollywood Boulevard, Suite 706, Hollywood, FL 33020. Open Monday through Friday, 9:00 a.m. to 5:00 p.m., with 24/7 live telephone answering. Fort Lauderdale consultations by appointment at 110 SE 6th Street, Suite 1700, Fort Lauderdale, FL 33301.
Related guides: What is a deposition in Florida, What is an affidavit in Florida, What are interrogatories in Florida, What is an EUO and recorded statement in Florida, What is a subpoena in Florida, What is an IME in Florida, Hollywood car accident lawyer
Sources: Chapter 837, Florida Statutes (Perjury), including sections 837.011, 837.012, 837.02, 837.021, 837.05, 837.06, and 837.07; Section 775.083, Florida Statutes (Fines); Section 775.082, Florida Statutes (Penalties); Cole, Scott & Kissane, The Propriety of Dismissal as a Sanction for Fraud in Florida; The Florida Bar Journal, The Big Lie: False and Misleading Testimony by a Civil Litigant Does Have Serious Consequences.
This article provides general information about Florida law. It is not legal advice, and reading it does not create an attorney-client relationship. If you are facing a criminal charge or an investigation, speak with a criminal defense lawyer right away.
© 2026 Daniel B Reinfeld, PA.
Comments