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Florida Statute 817.49 | Lawyer Caselaw & Research
F.S. 817.49 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 817.49

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 817
FRAUDULENT PRACTICES
View Entire Chapter
F.S. 817.49
817.49 False reports of commission of crimes; penalty.
(1) Except as provided in subsection (2), whoever willfully imparts, conveys, or causes to be imparted or conveyed to a law enforcement officer or employee of a public safety agency false information or reports concerning the alleged commission of any crime under the laws of this state, knowing such information or report to be false, when no such crime has actually been committed, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2)(a) As used in this section, the term “public safety agency” means a law enforcement agency, professional or volunteer fire department, emergency medical service, ambulance service, or other public entity that dispatches or provides first responder services to respond to crimes, to assist victims of crimes, or to apprehend offenders.
(b) If the willful making of a false report of a crime as set forth in this section results in a response by a federal, state, district, municipal, or other public safety agency and the response results in:
1. Great bodily harm, permanent disfigurement, or permanent disability to any person as a proximate result of lawful conduct arising out of a response, the person making such report commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. Death to any person as a proximate result of lawful conduct arising out of a response, the person making such report commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A court shall order any person convicted of violating this section to pay restitution, which shall include full payment for any cost incurred by a responding public safety agency.
History.s. 1, ch. 59-294; s. 875, ch. 71-136; s. 1, ch. 2021-64.

F.S. 817.49 on Google Scholar

F.S. 817.49 on Casetext

Amendments to 817.49


Arrestable Offenses / Crimes under Fla. Stat. 817.49
Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.49 - MAKING FALSE REPORT - RENUMBERED. SEE REC # 9459 - M: F
S817.49 1 - MAKING FALSE REPORT - MAKE FALSE REPORT OF COMMISSION OF CRIME - M: F
S817.49 2b1 - MAKING FALSE REPORT - FALSE REPORT CRIME CAUSE GREAT BODILY HARM - F: T
S817.49 2b2 - MAKING FALSE REPORT - FALSE REPORT CRIME RESULTING IN DEATH - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 143 So. 3d 893 (Fla. 2014)

. . . 657 So.2d 1152], and 2008 [996 So.2d 851], and 2014. 21.4 FALSE REPORTS OF COMMISSIONS OF A CRIME § 817.49 . . . ” is not defined in chapter 817, Florida Statutes, or in case law interpreting and applying section 817.49 . . .

D. BUTLER, v. SHERIFF OF PALM BEACH COUNTY,, 685 F.3d 1261 (11th Cir. 2012)

. . . . § 817.49 (providing that it is a misdemeanor to convey “to any law enforcement officer false information . . .

C. J. T. a v. STATE, 76 So. 3d 1139 (Fla. Dist. Ct. App. 2012)

. . . of making a false report to a law enforcement officer of an alleged crime, in violation of section 817.49 . . .

D. P. a v. STATE, 65 So. 3d 123 (Fla. Dist. Ct. App. 2011)

. . . . § 817.49 (2010) ("Whoever willfully ... conveys ... to any law enforcement officer ... false information . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 965 So. 2d 811 (Fla. 2007)

. . . Giving False Information Concerning A Crime 837.05(1) 21.5 False Reports of Commissions of Crime 817.49 . . .

TERRELL, v. STATE, 957 So. 2d 683 (Fla. Dist. Ct. App. 2007)

. . . 2d DCA 2006), the officers clearly had probable cause to arrest him for filing a false report, see § 817.49 . . .

MARSHALL, v. AMERISYS, INC., 943 So. 2d 276 (Fla. Dist. Ct. App. 2006)

. . . alleged misconduct, and asserted that Amerisys (1) committed a negligence per se violation of section 817.49 . . . further fails to state a cause of action under the theories of a negligence per se violation of section 817.49 . . .

STATE v. CARPENTER,, 899 So. 2d 1176 (Fla. Dist. Ct. App. 2005)

. . . charging the defendant with: Count 1 — False Report of Commission of a Crime in violation of section 817.49 . . .

BOLAND, v. STATE, 893 So. 2d 683 (Fla. Dist. Ct. App. 2005)

. . . the jury on the misdemeanor offense of “false report of commission of crimes” described in section 817.49 . . . Perhaps the only difference between the misdemeanor offenses described in section 837.05(1) and section 817.49 . . . We conclude that the first-degree misdemeanors described in sections 817.49 and 837.05(1) are necessarily . . . Interestingly, there is a standard jury instruction for section 817.49, but no standard instruction for . . . of lesser offenses, however, there is a reference only to section 837.05 and no reference to section 817.49 . . .

BYFORD, v. STEPHENS, a, 299 F. Supp. 2d 1253 (S.D. Fla. 2003)

. . . Ann. § 817.49 (2000)”); see also Lee, 284 F.3d at 1195-96. . . . Specifically, under Section 817.49, Florida Statutes, Whoever willfully imparts, conveys or causes to . . . Stat. § 817.49. . . . Violations of Sections 817.49 and/or 837.05 are punishable by up to one year imprisonment. See Fla. . . . Stat. §§ 817.49 & 837.05. . . .

J. AURIGEMMA, v. STATE, 801 So. 2d 982 (Fla. Dist. Ct. App. 2001)

. . . . § 817.49, Fla. Stat. (1997). . . .

FLORIDA v. J. L., 529 U.S. 266 (U.S. 2000)

. . . . § 817.49 (1994), and the ability of the police to trace the identity of anonymous telephone informants . . .

UNITED STATES v. L. GIBSON,, 64 F.3d 617 (11th Cir. 1995)

. . . . § 817.49 (false reports of commission of crimes to law enforcement officers). . . .

MORGAN INTERNATIONAL REALTY, INC. v. DADE UNDERWRITERS INSURANCE AGENCY, INC., 617 So. 2d 455 (Fla. Dist. Ct. App. 1993)

. . . for “personal injury arising out of the wilful violation of a penal statute,” specifically, section 817.49 . . . On the other hand, there are no allegations concerning, or references to, a violation of section 817.49 . . . prosecution does not necessarily lead us to the conclusion that the insureds willfully violated section 817.49 . . . See § 817.49, Fla.Stat. (1991). . . .

DOE, v. SUPREME COURT OF FLORIDA, 734 F. Supp. 981 (S.D. Fla. 1990)

. . . . §§ 837.02 and 817.49; see also Doe v. Gonzalez, supra at 694. . . . Section 817.49 provides: Whoever willfully imparts, conveys or causes to be imparted or conveyed to any . . .

DOE, v. GONZALEZ, 723 F. Supp. 690 (S.D. Fla. 1988)

. . . .-02 and 817.49, Florida Statutes. See, e.g., Acorn v. . . .

ILLINOIS SOUTH PROJECT, INC. v. P. HODEL,, 844 F.2d 1286 (7th Cir. 1988)

. . . . §§ 715.17(k) and 817.49, permit mine operators to create lakes under some circumstances; Illinois South . . .

NATIONAL WILDLIFE FEDERATION, v. P. HODEL,, 839 F.2d 694 (D.C. Cir. 1988)

. . . Such water bodies shall meet the requirements of §§ 816.49 and 817.49 of this chapter; or (c) Prime farmland . . . (emphasis added). .An identical regulation, 30 C.F.R. § 817.49(a)(9), applies to water impoundments incidental . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. GORMAN, 18 Fla. Supp. 2d 261 (Fla. Div. Admin. Hearings 1986)

. . . 790.27, 796.06, 796.07, 800.02, 800.03, 812.014(2)(c), 812.016, 812.081, 817.035, 817.235, 817.39, 817.49 . . .

In PERMANENT SURFACE MINING REGULATION LITIGATION, 620 F. Supp. 1519 (D.D.C. 1985)

. . . . §§ 816.84(b), 817.84(b) and §§ 816.49, 817.49 are thus remanded to the extent those rules require a . . . (a)(3) and 817.49(a)(5)(i) (1984), 48 Fed.Reg. 44005 (1983), which require all impoundments— including . . . The court will remand 30 C.F.R. §§ 816.49(a)(3), 817.-49(a)(3) and 816.49(a)(5)(i), 817.49(a)(5)(i), . . . Impoundments Citizen plaintiffs challenge 30 C.F.R. §§ 816.49(a)(9), 817.49(a)(9), 48 Fed. . . . The court will remand §§ 816.49(a)(9) and 817.49(a)(9) to the Secretary as inconsistent with law. . . .

COX, v. STATE, 443 So. 2d 1013 (Fla. Dist. Ct. App. 1983)

. . . Florida as the attempted making of a false report to a police officer concerning a crime under section 817.49 . . . Even more clearly than section 817.49, Florida Statutes (1981), section 817.234 encompasses attempts. . . . ORFINGER, C.J., and DAUKSCH, J., concur. . § 817.49, Fla.Stat. (1981). . § 817.234, Fla.Stat. (1981). . . .

T. FLOWERS, v. STATE, 363 So. 2d 1076 (Fla. 1978)

. . . The conviction was for falsely reporting the commission of a crime in violation of Section 817.49, Florida . . . SUNDBERG, J., concurs in result only. 817.49 False reports of commission of crimes; penalty. — Whoever . . .

SILVESTRI, v. STATE, 332 So. 2d 351 (Fla. Dist. Ct. App. 1976)

. . . . § 817.49 the violation of which the defendant was charged in Count III of the information, provides . . .

E. LEPPIG, v. GREEN,, 201 So. 2d 803 (Fla. Dist. Ct. App. 1967)

. . . Appellee, George Green, was charged in two separate informations with violations of §§ 817.49 and 839.13 . . .