Perjury

A person may be charged with perjury where he makes a false statement under oath.  Perjury is a First Degree Misdemeanor, punishable by up to one year in jail.  If the statement is made in an official proceeding, the penalty may be increased to a Third Degree Felony, punishable by up to 5 years in prison.  An official proceeding is any hearing before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath including administrative law judges, notaries, hearing officers, or a person taking testimony in a deposition.  If the perjury is in an official proceeding and it relates to a capital crime, it may be charged as a Second Degree Felony, punishable by up to 15 years in prison.

Perjury may also be charged where a person gives two or more contradictory statements under oath.  This is a Third Degree Felony, punishable by up to 5 years in prison.   If the perjury arises from two or more contradictory statements and it relates to a capital crime, it may be charged as a Second Degree Felony, punishable by up to 15 years in prison.

Perjury can also be charged where a person unlawfully signs a false declaration on a document that is authorized or required by law, by rule of an administrative agency, or by rule of the Court.  A written declaration is a document where the person attests the following: “Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true,” followed by the signature of the person making the declaration.  Additionally, a person may be charged with perjury in a Driver’s License or Florida Identification Card application.  These are each Third Degree Felony charges, punishable by up to 5 years in prison.