The 2023 Florida Statutes (including Special Session C)
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. . . K.O. was charged with violation of section 901.36(1), Florida Statutes (2018), for giving a false name . . . Section 901.36(1), Florida Statutes, provides that "[i]t is unlawful for a person who has been arrested . . . the officer when he gave the officer the false name, he cannot be guilty of a violation of section 901.36 . . . State , 87 So.3d 1235 (Fla. 4th DCA 2012), as to the violation of section 901.36(1). . . . engaged in a consensual encounter when he gave the false name, he cannot be guilty of violating section 901.36 . . .
. . . on the outstanding warrant but also for providing a false-name to a law enforcement officer, see § 901.36 . . .
. . . Lesser Included Offenses Comments *The difference between the third degree felony in § 901.36(2), Fla . . . Stat., and the first degree misdemeanor in § 901.36(1), Fla. . . .
. . . giving of a false name is not a crime unless it occurs during a lawful detention or arrest); see also § 901.36 . . .
. . . appeals an order summarily denying his “motion to correct the record,” which he filed pursuant to section 901.36 . . . Section 901.36, Florida Statutes (2003), makes it a crime “for a person who has been arrested or lawfully . . . identify himself or herself in any way, to the law enforcement officer or any county jail personnel." § 901.36 . . . contains a false name or other false identification information given in violation of this section.” § 901.36 . . .
. . . providing false identification to a law enforcement officer resulting in adverse consequences to another, § 901.36 . . . Next, as to the false-identification charge, section 901.36(2) requires the State to prove that B.B. . . . The plain language of section 901.36(2) does not contemplate punishment for mere possibilities. . . . lesser-included delinquent act of providing a false name to a law enforcement officer in accordance with section 901.36 . . .
. . . delinquency for giving a false name or identification to a law enforcement officer in violation of section 901.36 . . . Appellant argues that the trial court erroneously denied his motion to dismiss because section 901.36 . . . charged with giving a false name or identification to a law enforcement officer in violation of section 901.36 . . . The trial court therefore denied dismissal of the charge, noting section 901.36(1) is a broad statute . . . Section 901.36(1) provides, in pertinent part: It is unlawful for a person who has been arrested or lawfully . . .
. . . Providing a False Name Section 901.36(1), Florida Statutes (2010), states “[i]t is unlawful for a person . . .
. . . charged with one count of providing false identification to a police officer in violation of section 901.36 . . .
. . . months 29 days in jail for giving a false name to a law enforcement officer in violation of section 901.36 . . .
. . . on February 4, 2010, adjudicating her delinquent of the offense of giving a false name under section 901.36 . . . See § 901.36, Fla. Stat. (2010); J.P. v. State, 855 So.2d 1262, 1265 (Fla. 4th DCA 2003). . . .
. . . . § 901.36(1). We find no error under these circumstances for the seizure of Carter’s wallet. . . .
. . . When Appellant gave a false name, the officer arrested him for violating section 901.36(1), Florida Statutes . . . before us does not refute Appellant’s claim that his initial detention and arrest for violating section 901.36 . . . . 1st DCA 2009), that giving a false name to a law enforcement officer is not a crime under section 901.36 . . .
. . . .” § 901.36(1), Fla. Stat. (2008) (emphasis added). . . .
. . . See § 901.36(1), Fla. Stat. (2007). . . . lawfully detained, Ward’s act of providing a false name to the officers constituted a violation of section 901.36 . . . Stat. (2007). .§ 901.36(1), Fla. Stat. (2007). . . . . Section 901.36(1) provides: It is unlawful for a person who has been arrested or lawfully detained by . . .
. . . See § 901.36(1) (stating that "[i]t is unlawful for a person who has been arrested or lawfully detained . . .
. . . State, 932 So.2d 298, 299 (Fla. 2d DCA 2006); see § 901.36(1), Florida Statutes (2007). . . . investigatory stop” or a formal arrest can constitute a “lawful detention” within the meaning of section 901.36 . . .
. . . New instructions 18.3 and 21.7 are based upon sections 837.055 and 901.36(2), Florida Statutes (2007) . . . . 21.7 GIVING FALSE NAME OR IDENTIFICATION TO LAW ENFORCEMENT OFFICER ADVERSELY AFFECTING ANOTHER § 901.36 . . . Offenses 21.7 GIVING FALSE NAME OR IDENTIFICATION TO LAW ENFORCEMENT OFFICER ADVERSELY AFFECTING ANOTHER § 901.36 . . . False Name or ID to LEO 901.36(1) None Comment This instruction was adopted in 2008. . . . .
. . . See § 901.36, Fla. Stat. (2007). The State responded by nol prossing that count. . . .
. . . charged with giving a false name or identification to a law enforcement officer, in violation of section 901.36 . . . See § 901.36(1), Fla. Stat. (2007). . . . See § 901.36(1), Fla. Stat. (2007); A.A.R. v. State, 926 So.2d 463 (Fla. 4th DCA 2006). . . . applies to prosecutions for giving a false name to law enforcement officers in violation of section 901.36 . . . in determining whether the affirmative defense of recantation applies to a prosecution under section 901.36 . . .
. . . probation for the offense of providing a false name to a law enforcement officer, in violation of section 901.36 . . . The Fourth District explained that prior to the adoption of section 901.36(1) in 1999, a person who gave . . . Section 901.36(1), Florida Statutes (2006), provides in part as follows: It is unlawful for a person . . .
. . . 2006, Defendant was arrested for providing false information to an officer, in violation of section 901.36 . . . The trial court held a hearing to determine whether Defendant had actually violated section 901.36, Florida . . . Section 901.36(1), Florida Statutes (2006) provides: It is unlawful for a person who has been arrested . . . Accordingly, “[t]he plain language of section 901.36(1) requires that, in order to be in violation of . . . The language of section 901.36(1) suggests that the commission of an offense under that statute requires . . . Therefore, this record does not establish the commission of an offense under section 901.36. . . .
. . . delinquency and juvenile commitment order entered after the trial court found her guilty of violating section 901.36 . . . State, 940 So.2d 1174, 1175 (Fla. 2d DCA 2006) (“The plain language of section 901.36(1) requires that . . .
. . . . § 901.36, and driving while his license was suspended, in violation of Fla. Traffic Law 322.34. . . .
. . . Section 901.36(1), Florida Statutes (2003), provides: “It is unlawful for a person who has been arrested . . . The plain language of section 901.36(1) requires that, in order to be in violation of the statute, the . . . subsequently provides false identification, he or she may also be charged with a violation of section 901.36 . . .
. . . The trial court found that appellant had violated section 901.36, Florida Statutes (2004), by giving . . . appellant was loitering, it follows that appellant was not lawfully detained, and no violation of section 901.36 . . .
. . . that the common law recantation defense applies to violations of the new “false name” statute, section 901.36 . . . child Was convicted of giving a false name to a police officer, a misdemeanor offense, under section 901.36 . . .
. . . . § 901.36, Fla. Stat. (2004). As our record reflects, Ms. . . .
. . . State, 731 So.2d 75 (Fla. 2d DCA 1999); § 901.36, Fla. Stat. . . .
. . . trial court found him guilty of giving a false name to a law enforcement officer pursuant to section 901.36 . . . Section 901.36(1) provides that “[i]t is unlawful for a person who has been arrested or lawfully detained . . .
. . . committing the offense of providing a false identity to a law enforcement officer contrary to section 901.36 . . .
. . . after he had been “arrested or lawfully detained by a law enforcement officer,” in violation of section 901.36 . . . See § 901.36(1), Fla. . . . See Belsky, 831 So.2d at 803-04 (reversing conviction under section 901.36 where “appellant had not been . . .
. . . State, 831 So.2d 803 (Fla. 4th DCA 2002), the court stated that “to constitute a violation of section 901.36 . . .
. . . 6)(a), Florida Statutes, and with unlawful use of a false name or identity, in violation of section 901.36 . . .
. . . his motion for judgment of acquittal on count I, the giving of a fictitious name pursuant to section 901.36 . . . detention is a condition precedent to commission of the crime of giving a fictitious name under section 901.36 . . . establish every element of the crime of giving a fictitious name the conviction pursuant to section 901.36 . . .
. . . It provided hard evidence to make a criminal case against the imposter under section 901.36(1), Florida . . . See § 901.36(1), Fla. Stat. (2000). . . . .
. . . the arresting officer lacked probable cause to arrest appellant for giving a false name under section 901.36 . . . Section 901.36, Florida Statutes, provides that “[i]t is unlawful for a person who has been arrested . . . As explained above, to constitute a violation of section 901.36, Florida Statutes, the giving of a false . . .
. . . Florida Statutes (2000), and giving a false name while being detained or arrested in violation of section 901.36 . . .
. . . was also adjudicated delinquent for giving a false name to a police officer in violation of section 901.36 . . .