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Florida Statute 901.36 | Lawyer Caselaw & Research
F.S. 901.36 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 901.36

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 901
ARRESTS AND TEMPORARY DETENTIONS
View Entire Chapter
F.S. 901.36
901.36 Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders.
(1) It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel. Except as provided in subsection (2), any person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who violates subsection (1), if such violation results in another person being adversely affected by the unlawful use of his or her name or other identification, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) In sentencing a person for violation of this section, a court may order restitution.
(b) The sentencing court may issue such orders as are necessary to correct any public record because it contains a false name or other false identification information given in violation of this section.
(c) Upon application to the court, a person adversely affected by the unlawful use of his or her name or other identification in violation of this section may obtain from the court orders necessary to correct any public record, as described in paragraph (b).
History.s. 2, ch. 99-169.

F.S. 901.36 on Google Scholar

F.S. 901.36 on Casetext

Amendments to 901.36


Arrestable Offenses / Crimes under Fla. Stat. 901.36
Level: Degree
Misdemeanor/Felony: First/Second/Third

S901.36 1 - FRAUD-IMPERSON - FALSE ID GIVEN TO LEO - M: F
S901.36 2 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 9475 - F: T
S901.36 2 - FRAUD-IMPERSON - USE OF FALSE ID ADVERSELY AFFECTS ANOTHER - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

K. O. a v. STATE, 267 So. 3d 427 (Fla. App. Ct. 2019)

. . . 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 . . .

DENO, DOC v. STATE, 230 So. 3d 611 (Fla. Dist. Ct. App. 2017)

. . . on the outstanding warrant but also for providing a false-name to a law enforcement officer, see § 901.36 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 217 So. 3d 965 (Fla. 2017)

. . . 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. . . .

STATE v. OJEDA,, 147 So. 3d 53 (Fla. Dist. Ct. App. 2014)

. . . giving of a false name is not a crime unless it occurs during a lawful detention or arrest); see also § 901.36 . . .

HOWARD, v. STATE, 139 So. 3d 975 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

B. B. v. STATE, 117 So. 3d 442 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

D. K. D. a v. STATE, 92 So. 3d 897 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

D. T. a v. STATE, 87 So. 3d 1235 (Fla. Dist. Ct. App. 2012)

. . . Providing a False Name Section 901.36(1), Florida Statutes (2010), states “[i]t is unlawful for a person . . .

L. T. a v. STATE, 69 So. 3d 1014 (Fla. Dist. Ct. App. 2011)

. . . charged with one count of providing false identification to a police officer in violation of section 901.36 . . .

FAITH, v. STATE, 45 So. 3d 932 (Fla. Dist. Ct. App. 2010)

. . . See § 901.36(1), Fla. . . .

TORRES, v. STATE, 43 So. 3d 831 (Fla. Dist. Ct. App. 2010)

. . . months 29 days in jail for giving a false name to a law enforcement officer in violation of section 901.36 . . .

K. D. A v. STATE, 43 So. 3d 829 (Fla. Dist. Ct. App. 2010)

. . . 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). . . .

UNITED STATES v. CARTER,, 366 F. App'x 136 (11th Cir. 2010)

. . . . § 901.36(1). We find no error under these circumstances for the seizure of Carter’s wallet. . . .

TEART, v. STATE, 26 So. 3d 644 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

A. M. a v. STATE, 24 So. 3d 731 (Fla. Dist. Ct. App. 2009)

. . . .” § 901.36(1), Fla. Stat. (2008) (emphasis added). . . .

WARD, v. STATE, 21 So. 3d 896 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

RODRIGUEZ, v. STATE, 29 So. 3d 310 (Fla. Dist. Ct. App. 2009)

. . . See § 901.36(1) (stating that "[i]t is unlawful for a person who has been arrested or lawfully detained . . .

JACKSON, v. STATE, 1 So. 3d 273 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 995 So. 2d 489 (Fla. 2008)

. . . 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. . . . .

J. L. H. v. STATE, 990 So. 2d 686 (Fla. Dist. Ct. App. 2008)

. . . See § 901.36, Fla. Stat. (2007). The State responded by nol prossing that count. . . .

M. G. a v. STATE, 989 So. 2d 705 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

L. J. a v. STATE, 971 So. 2d 942 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

BREVICK, v. STATE, 965 So. 2d 1246 (Fla. Dist. Ct. App. 2007)

. . . 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. . . .

K. Q. W. a v. STATE, 951 So. 2d 66 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

UNITED STATES v. BAPTISTE,, 203 F. App'x 329 (11th Cir. 2006)

. . . . § 901.36, and driving while his license was suspended, in violation of Fla. Traffic Law 322.34. . . .

WHYTE, v. STATE, 940 So. 2d 1174 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

GILLEN, v. STATE, 927 So. 2d 1083 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

A. A. R. a v. STATE, 926 So. 2d 463 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

M. DUBOIS, v. STATE, 932 So. 2d 298 (Fla. Dist. Ct. App. 2006)

. . . . § 901.36, Fla. Stat. (2004). As our record reflects, Ms. . . .

OSLIN, v. STATE, 912 So. 2d 672 (Fla. Dist. Ct. App. 2005)

. . . State, 731 So.2d 75 (Fla. 2d DCA 1999); § 901.36, Fla. Stat. . . .

A. F. v. STATE, 912 So. 2d 374 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

R. J. W. v. STATE, 910 So. 2d 357 (Fla. Dist. Ct. App. 2005)

. . . committing the offense of providing a false identity to a law enforcement officer contrary to section 901.36 . . .

BORDELON, v. STATE, 908 So. 2d 543 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

COOKS, v. STATE, 901 So. 2d 963 (Fla. Dist. Ct. App. 2005)

. . . State, 831 So.2d 803 (Fla. 4th DCA 2002), the court stated that “to constitute a violation of section 901.36 . . .

STATE v. R. H. a, 900 So. 2d 689 (Fla. Dist. Ct. App. 2005)

. . . 6)(a), Florida Statutes, and with unlawful use of a false name or identity, in violation of section 901.36 . . .

J. P. a v. STATE, 855 So. 2d 1262 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

FRIERSON, v. STATE, 851 So. 2d 293 (Fla. Dist. Ct. App. 2003)

. . . 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). . . . .

BELSKY, v. STATE, 831 So. 2d 803 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

STATE v. DICKERSON,, 811 So. 2d 744 (Fla. Dist. Ct. App. 2002)

. . . Florida Statutes (2000), and giving a false name while being detained or arrested in violation of section 901.36 . . .

A. S. v. STATE, 786 So. 2d 1261 (Fla. Dist. Ct. App. 2001)

. . . was also adjudicated delinquent for giving a false name to a police officer in violation of section 901.36 . . .