Amendments to 790.163

1. State v. Hansen

   273 So. 3d 35 (Fla. Dist. Ct. App. 2019)

   Here, like the cases above, section 790.163( 2) addresses specific parameters regarding withholding adjudication of guilt and reduced sentences with regards to the crime of false report of a bomb threat. We disagree with Hansen's argument that the statutory authority to suspend a sentence for the crime includes the authority to withhold adjudication of guilt . Rule 3.670 makes clear that withholding adjudication of guilt is a function of rendering a judgment as to the commission of a crime by the defendant. Fla. R. Crim. P. 3.670. The second sentence of section 790.163( 2) does not state that adjudication of guilt can be withheld if the defendant provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals; instead, it provides for a reduction or suspension of the sentence , which pertains to the length of incarceration or supervision. Additionally, although section 790.163 was initially enacted in 1959, as compared to section 921.0026, the downward departure statute, which went into effect in 1998, subsection 2 of section 790.163 was subsequently added…

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2. J.B. v. State

   304 So. 3d 352 (Fla. Dist. Ct. App. 2020)   Cited 1 times

   • Motion to dismiss

   Why the state mischarged this crime under section 790.163(1) instead of section 838.021 is a mystery to me. But because section 790.163(1) is inapplicable to appellant's statement here, we are compelled to reverse for entry of an order granting appellant's judgment of dismissal on the crime as charged under section 790.163(1).

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3. J.A.W. v. State

   283 So. 3d 896 (Fla. Dist. Ct. App. 2019)   Cited 1 times

   J.A.W. argues on appeal that we should reverse because § 790.163(1) doesn't criminalize the type of statement that he made. Section 790.163(1) criminalizes bomb scare-type hoaxes. D.B. v. State , 825 So. 2d 1042, 1043 (Fla. 1st DCA 2002). It prohibits "any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb ... or concerning the use of firearms in a violent manner against a person or persons." (Emphasis added.)

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4. L.C. v. State

   283 So. 3d 442 (Fla. Dist. Ct. App. 2019)   Cited 2 times

   • Motion to dismiss

   Section 790.163(1) provides the following:

   PAGE 443
5. In re Standard Jury Instructions in Criminal Cases

   217 So. 3d 965 (Fla. 2017)   Cited 1 times

   Instruction 10.9, amended in light of the 2016 amendments to the statutory definition of the crime, in section 790.163( 1), Florida Statutes (2016), see ch. 2016–156, § 1, Laws of Fla., is retitled "False Reports Concerning the [Placing or Planting of a Bomb, Dynamite, Other Deadly Explosive, or a Weapon of Mass Destruction] [Use of Firearms in a Violent Manner Against a Person]." Instruction 10.10, also amended in light of the 2016 amendments to the statutory definition of the crime, in section 790.164, Florida Statutes (2016), see ch. 2016–156, § 2, Laws of Fla., is retitled "False Reports Concerning [The Placing or Planting of a Bomb, Dynamite, Other Deadly Explosive, or a Weapon of Mass Destruction] [An Act of Arson or Other Violence] To Property Owned by the State [or Any Political Subdivision]." In both instructions 10.9 and 10.10, consistent with sections 790.163( 3) and 790.164(3), respectively, and upon review of the comments received by the Committee and the Committee's response thereto, the Court has replaced the Committee's "inference provision" with the following language: "Proof that a person knowingly made a false report is prima facie evidence of…

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6. J.L. v. State

   993 So. 2d 103 (Fla. Dist. Ct. App. 2008)   Cited 2 times

   Section 790.163(1) provides:
7. State v. Platt

   203 So. 3d 194 (Fla. Dist. Ct. App. 2016)   Cited 2 times

   The State appeals the downward departure sentence imposed against Valerie Platt for the crime of making a false report of a bomb in violation of section 790.163, Florida Statutes (2015), a second-degree felony. Specifically, the State argues the trial court erred when it withheld adjudication of guilt on the offense without a written request to do so from the State and without competent, substantial evidence to support its decision. We agree and reverse.
8. D.B. v. State

   825 So. 2d 1042 (Fla. Dist. Ct. App. 2002)   Cited 3 times

   Section 790.163 provides:
9. Standard Jury Instructions in Crim. Cases

   723 So. 2d 123 (Fla. 1998)   Cited 28 times

   790.161 784.021 784.011 790.161 790.161 790.161 790.161 784.021 784.011 790.162 784.011 790.163 790.164 790.163 790.17 790.18 790.19 790.15 790.221 790.23 790.01 790.01 794.011 784.03 794.011 784.011 784

10. C.C.B. v. State

    828 So. 2d 429 (Fla. Dist. Ct. App. 2002)   Cited 12 times

    See § 790.163 Fla. Stat. (2001).