Skip to main content
US Criminal Defense.org
Menu

Florida statute

Fla. Stat. § 817.49 — False reports of commission of crimes; penalty

Current through 2025 Florida Statutes

Part of Part I: False Pretenses and Frauds,generally, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 817.49

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 817.49Primary source, current through the 2025 Florida Statutes
(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. (4) The Legislature finds that the false reporting of crimes is a threat to public safety and a threat to the safety of law enforcement officers and other first responders. As such, the Legislature encourages each state attorney to adopt a pro-prosecution policy for the false reporting of crimes as prohibited in this section.

Official sources

Legal terms used in this section

Questions this section answers

Is false reports of commission of crimes; penalty a felony or a misdemeanor in Florida?

It depends on the circumstances: false reports of commission of crimes; penalty ranges from a Misdemeanor of the First Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 817.49.

False report of a crime (base offense): Misdemeanor of the First Degree (Fla. Stat. § 817.49(1)) · False report resulting in great bodily harm, permanent disfigurement, or permanent disability: Felony of the Third Degree (Fla. Stat. § 817.49(2)(b)1.) · False report resulting in death: Felony of the Second Degree (Fla. Stat. § 817.49(2)(b)2.)

Which Florida statute covers false reports of commission of crimes; penalty?

False reports of commission of crimes; penalty is governed by Fla. Stat. § 817.49 (False reports of commission of crimes; penalty).

This reference is informational and is not legal advice.