What Is “Perjury” Under Florida Law?
When you are called to testify in court, or any similar official proceeding, you are typically required to swear an oath (or affirmation) to tell the truth. This is not just for show. Florida has strict laws defining and punishing perjury, and you can face criminal prosecution if you are caught telling a lie.
Florida Statutes Section 837.02 defines perjury as making a false statement that the person “does not believe to be true” while under oath in any official proceeding “with regard to a material matter.” Regardless of the underlying subject of the perjury, it is classified as a third-degree felony. This means that a perjury conviction carries a possible sentence of 5 years in state prison, 5 years probation, and a $5,000 fine.
Ex-Broward Superintendent Faces Trial After Alleged Lie to Parkland Shooting Grand Jury
As you can see, lying under oath is not considered a minor offense in Florida. Indeed, prosecutors are often eager to bring perjury charges, especially when they believe the defendant’s lies were meant to obstruct an investigation into some other crime or matter of public interest. Keep in mind, under Florida’s perjury statute, the state does not have to prove the defendant knew their lie applied to a “material matter” or that the defendant genuinely believed that their lie was unimportant.
A recent high-profile case of Florida prosecutors going after perjury is State v. Runcie. This case originated with the horrific 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, which killed 17 people and injured 17 others. Following this event, the governor asked the Florida Supreme Court to appoint a statewide grand jury to investigate whether Broward County school officials committed fraud by “mismanaging, failing to use, and diverting funds” earmarked for school safety initiatives.
The Supreme Court appointed the grand jury. In April 2021, Broward County school superintendent Robert Runcie testified before the grand jury. Prosecutors asked Runcie whether he had discussed his testimony beforehand with anyone else. Runcie answered no. But prosecutors had a witness who said they had spoken with Runcie the night before specifically to help him prepare his testimony regarding certain school district contracts.
Shortly thereafter, the statewide grand jury indicted Runcie for perjury. The trial court dismissed the indictment, prompting the state to appeal. The question was whether or not the statewide grand jury had the legal authority to indict Runcie. A statewide grand jury can only indict someone for a crime that occurs in “two or more judicial circuits as part of a related transaction.” Runcie argued that his alleged perjury occurred solely within Broward County.
The Florida Fourth District Court of Appeal, however, said that was not the case. At the time, the statewide grand jury was still subject to COVID-19 restrictions, which meant that jurors actually participated in the proceedings remotely from three different locations around the state. As such, the alleged perjury occurred in three judicial circuits, so the state could proceed with its case.
Contact the Joshi Law Firm Today
Remember, when you are under investigation for a crime, you have the right to remain silent. The worst thing you can do is speak in your own defense and tell a lie. Your best course of action is to keep quiet and work with a qualified Orlando criminal defense attorney. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.
Source:
4dca.flcourts.gov/content/download/2441481/opinion/Opinion_2023-1061.pdf
