Arrestable Offenses / Crimes under Fla. Stat. 790.163
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...Thus, the trial court's departure from the DJJ's recommendation of probation was not supported by competent, substantial evidence. Accordingly, we reverse and remand for a new disposition hearing. REVERSED and REMANDED. BROWNING and POLSTON, JJ., concur. NOTES [1] See § 790.163 Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1990 WL 105518
...The state petitions this court for a writ of certiorari to review an order of the circuit court which would exclude certain voice identification testimony in the pending felony trial of respondent Dale Cordia. We grant the petition. Cordia is charged with making a false report of a bomb. § 790.163, Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2003 WL 21749053
...Appellant and several other juveniles were referred to the Department of Juvenile Justice (DJJ) after a note containing a bomb threat was found in their high school. It was appellant's first referral to the DJJ. He was charged with being a delinquent for violating section 790.163, Florida Statutes (2001), which forbids the making of a false report, with the intent to deceive, concerning the placement of a bomb or explosive device....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2002 WL 31039470
...In this direct appeal in a juvenile case, the appellant, who was a public school student at the time of the alleged delinquent acts, challenges his adjudication of delinquency in one case and revocations of probation in two other cases. The adjudication and revocations were all predicated upon an alleged violation of section 790.163, Florida Statutes....
...Concluding that the appellant's threats to school officials that he would "blow up" or "burn down" his school at some time in the future did not amount to a violation of this statute, we reverse the order by which the appellant was adjudicated delinquent and the orders by which his probations were revoked. Section 790.163 provides: It is unlawful for 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, dynamite, or other deadly explosive; and any person co...
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 4600987
...Bill McCollum, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee. EVANDER, J. J.L. was adjudicated delinquent after being found guilty of making a false report concerning the placement of a bomb in violation of section 790.163(1), Florida Statutes (2007). He contends that the State's evidence was insufficient to support a finding of guilt. We agree. Section 790.163(1) provides: It is unlawful for 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, dynamite, other deadly explosive, or weapon of mass destruction.......
CopyPublished | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 13273
...In this direct appeal in a juvenile case, the appellant, who was a public school student at the time of the alleged delinquent acts, challenges his adjudication of delinquency in one case and revocations of probation in two other cases. The adjudication and revocations were all predicated upon an alleged violation of section 790.163, Florida Statutes....
...Concluding that the appellant’s threats to school officials that he would “blow up” or “burn down” his school at some time in the future did not amount to a violation of this statute, we reverse the order by which the appellant was adjudicated delinquent and the orders by which his probations were revoked. Section 790.163 provides: It is unlawful for 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, dynamite, or other deadly explosive; and any person co...
CopyPublished | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 14550
...Thus, the trial court’s departure from the DJJ’s recommendation of probation was not supported by competent, substantial evidence. Accordingly, we reverse and remand for a new disposition hearing. REVERSED and REMANDED. BROWNING and POLSTON, JJ., concur. . See § 790.163 Fla....
CopyPublished | Florida 4th District Court of Appeal
...We
conclude that the charged crime was not committed under the facts of this
case and hold that the conviction amounted to fundamental error. We
reverse the conviction and remand to the circuit court to enter a judgment
of dismissal.
The state charged appellant with a second degree felony under section
790.163(1), Florida Statutes (2019), which reads, in pertinent part:
It is unlawful for any person to make a false report, with intent
to deceive, mislead, or otherwise misinform any person ....
...ident to the
administration. He also said that appellant apologized to him and never
followed through on his threat.
After the state rested, defense counsel moved for a judgment of
dismissal. The circuit court found appellant guilty of violating section
790.163(1), adjudicated him delinquent and committed him to a
nonresidential program.
In his initial brief, appellant argued that because the witness “did not
feel threatened by the words at the time they were spoken by the child,
there is no proof beyond a reasonable doubt that there was” a violation of
section 790.163.
Appellant’s conduct was not a “false report”
under section 790.163(1).
Defense counsel’s motion for judgment of dismissal argued:
Right now you have to look at this and take all the testimony
you’ve heard from this witness and say: Did [appellant], on
March 6th, unlawfully...
...threat but trash-talk words. If that’s the case, there’s no
offense.
Despite defense counsel’s somewhat imprecise argument, we agree that
appellant’s statement – “I’ll shoot you and shoot up your house” – was not
a “false report” under section 790.163(1).
Although section 790.163(1) uses the word “report” as a noun within
its internal phrase “make a false report,” that phrase can be understood
as meaning “falsely report,” in other words, using “report” as a transitive
verb....
...v. Orthopedic Specialists,
212 So. 3d
973, 976 (Fla. 2017) (“[W]e may consult references commonly relied upon
to supply the accepted meanings of words.”).
Of these variations, the definition of “report” which appears most
applicable to section
790.163(1)’s contextual use of “false report” is “to
make known to the proper authorities, [for example] ‘report a fire.’” See
State v....
...employ any other rules of statutory construction.”) (internal citations
omitted).
Applying that definition here, we conclude that appellant’s statement
to the school behavioral technician – “I’ll shoot you and shoot up your
house” – was not a “false report” under section 790.163(1)....
...behavioral technician, that another person was going to “shoot you and
shoot up your house.” Instead, appellant was conveying a threat – the
truth or falsity of which remained to be seen depending on what actions
appellant took next, either in that moment or in the future. Section
790.163(1) is simply inapplicable to these facts.
We do not rely on J.A.W. v. State,
283 So. 3d 896 (Fla. 1st DCA 2019),
to reach our conclusion that no crime occurred in this case, because that
case’s focus on “future-oriented threats” departs from section
790.163(1)’s
plain language....
...unsel’s argument in support of
the motion for judgment of dismissal. However, appellant’s initial brief
focused primarily on how the witness perceived and reacted to appellant’s
threat; the brief did not explicitly challenge the application of section
790.163 to the facts of the case.
An “issue not raised in an initial brief is deemed abandoned ....
...f a judgment of dismissal.
Reversed.
WARNER and GROSS JJ., concur.
GERBER, J., concurs in part with opinion.
GERBER, J., concurring in part.
I concur with the majority’s ultimate decision that appellant was
wrongly convicted of violating section 790.163(1), Florida Statutes (2019).
Applying the dictionary definition of “report” which appears most
applicable to section 790.163(1)’s contextual use of “false report” – “to
make known to the proper authorities, [for example] ‘report a fire’” –
appellant’s statement to the school behavioral technician, “I’ll shoot you
and shoot up your house,” was not a “false report” under section
790.163(1).
However, the fact that section 790.163(1) is inapplicable here does not
mean appellant did not commit a crime in yelling at the school behavior
technician, “I’ll shoot you and shoot up your house.” Appellant did
commit a crime – corruption by threat against public...
...statement, the juvenile replied, “I meant what I said,” supporting the
inference that the juvenile intended the statements not as private
communications, but with the intent that the employee be informed of his
statements).
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).
* * *
Not final until disposition of timely filed motion for rehearing.
8
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 16099
EVANDER, J. J.L. was adjudicated delinquent after being found guilty of making a false report concerning the placement of a bomb in violation of section 790.163(1), Florida Statutes (2007). He contends that the State’s evidence was insufficient to support a finding of guilt. We agree. Section 790.163(1) provides: It is unlawful for 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, dynamite, other deadly explosive, or weapon of mass destruction.......
CopyPublished | District Court of Appeal of Florida
the use of a firearm in a violent manner. See §
790.163(1), Fla. Stat. (2018). He argues that the trial
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 16566
...Purdy, Public Defender, and
Kevin R. Holtz, Assistant Public Defender,
Daytona Beach, for Appellee.
BERGER, J.
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....
...judgment withholding adjudication
and remand for reconsideration.3
REVERSED AND REMANDED.
LAMBERT and EDWARDS, JJ., concur.
3 Although not properly addressed by the State in this appeal, on remand, we direct
the trial court to section 790.163(2), Florida Statutes (2015), “False Report About Planting
Bomb, Explosive, or Weapon of Mass Destruction; Penalty,” which provides:
“[n]otwithstanding any other law, adjudication of guilt or imposition of sentence for a
violatio...
CopyPublished | Florida 4th District Court of Appeal
...ing he
required specialized treatment for a mental disorder unrelated to
substance abuse, addiction, or for a physical disability.
Hansen presented testimony in support of the asserted grounds for
departure. In opposition, the State argued that section 790.163, Florida
Statutes, which criminalizes false reporting of a bomb threat, prohibits
withholding adjudication of guilt for the charge as part of a downward
departure....
...the State’s objection, withheld adjudication, and sentenced Hansen to five
years of probation. The State gave notice of appeal.
Appellate Analysis
Hansen was charged with false reporting of a bomb threat in violation
of section
790.163, Florida Statutes (2015). The State maintains, as it did
below, that the general statute authorizing downward departure did not
permit the trial court to withhold adjudication of guilt where section
790.163(2) expressly prohibits withholding of adjudication, and was more
recent and more specific than the downward departure statute.
Section
790.163(1), Florida Statutes (2015) defines the crime of making
a false report “concerning the placing or planting of any bomb, dynamite,
other deadly explosive, or weapon of mass destruction as defined in s.
790.166[.]” §
790.163(1), Fla. Stat. (2015). Section
790.163(2) provides
as follows:
Notwithstanding any other law, adjudication of guilt or
imposition of sentence for a violation of this section may not be
suspended, deferred, or withheld....
...a violation of this
section and who provides substantial assistance in the
identification, arrest, or conviction of any of his or her
accomplices, accessories, coconspirators, or principals.
2
§ 790.163(2), Fla....
...(emphases added).
The State focuses on the phrase “notwithstanding any other law” as
reflecting the mandatory nature of the prohibition against withholding
adjudication in connection with imposing a sentence for a false report of a
bomb. The State maintains that section 790.163(2) represents an
exception to the law giving the trial court discretion to withhold
adjudication of guilt....
...it was the later promulgated statute, such prevailed “as the last expression
of legislative intent” regarding sentencing on an aggravated fleeing and
eluding charge); State v. Scriber,
991 So. 2d 969, 970 (Fla. 4th DCA 2008)
(same).
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....
...of
guilt. Rule 3.670 makes clear that withholding adjudication of guilt is a
3
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 in 2002. 2002 Fla. Sess. Law Serv. Ch. 2002-28 § 1. Thus, section
790.163(2) containing the prohibition against withholding adjudication for
false report of a bomb threat was enacted after section
921.0026, the
downward departure statute. Accordingly, as in the cases cited above,
section
790.163(2) is both the more recent and more specific statutory
provision concerning the trial court’s authority to withhold adjudication of
guilt when presented with a motion for downward departure by a
defendant charged with making a false...
...withholding adjudication, and remanded for reconsideration. Id. at 197.
However, at the end of the opinion, the Fifth District added a footnote
which stated:
Although not properly addressed by the State in this appeal,
on remand, we direct the trial court to section 790.163(2),
Florida Statutes (2015), “False Report About Planting Bomb,
Explosive, or Weapon of Mass Destruction; Penalty,” which
provides: “[n]otwithstanding any other law, adjudication of
guilt or imposition of...
...at 197, n.3.
The record in this case reflects that, in reviewing Platt, the trial court
inferred that the Fifth District would not have remanded the sentencing
for reconsideration, if a withhold of adjudication were not even a
possibility. However, the Fifth District’s lack of discussion concerning the
merits of section 790.163(2) as precluding a withhold of adjudication does
not mean that the statute does not so preclude. Instead, in our view, the
Fifth District quoted the portion of section 790.163(2) in its footnote
presumably to alert the trial court about the prohibition against
withholding of guilt....
...b)1. and 2.,
Florida Statutes, which makes withholding adjudication of guilt for
second-degree felonies improper where the State has not requested a
withhold in writing. In any event, the Fifth District’s decision not to
discuss the application of section 790.163(2) does not preclude the
conclusion that 790.163(2) plainly prohibits the trial court from
withholding adjudication in such a case and serves as an exception to the
general rule.
Having determined that the trial court erred by withholding
adjudication of guilt as a permissible downward...
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 11424
...Appellant and several other juveniles were referred to the Department of Juvenile Justice (DJJ) after a note containing a bomb threat was found in their high school. It was appellant’s first referral to the DJJ. He was charged with being a delinquent for violating section 790.163, Florida Statutes (2001), which forbids the making of a false report, with the intent to deceive, concerning the placement of a bomb or explosive device....
CopyPublished | Supreme Court of Florida
...enforcement officer,” “state attorney,” “assistant state attorney,” “firefighter,”
“judge,” “elected official,” or “family member” of such persons.
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...
...ing 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 tha...
...2000).
This instruction was adopted in 2017.
10.9 FALSE REPORTS OF BOMBING 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]
§ 790.163(1), Fla._Stat.
To prove the crime of (crime charged) False Report Concerning the
[Placing or Planting of a Bomb, Dynamite, Other Deadly Explosive, or a
-8-
Weapon of Mass Destruction] [Use...
...destruction] [the use of firearms in a violent manner against a
person].
2. (Defendant) knew the report was false.
3. The report was made with intent to deceive, mislead or otherwise
misinform (person alleged) any person.
§ 790.163(3), Fla....
...THE STATE [OR ANY POLITICAL SUBDIVISION] OR ARSON OR
OTHER VIOLENCE TO PROPERTY OWNED BY THE STATE
STATE-OWNED PROPERTY —
790.164(1)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
NoneFalse report
790.163(1) 10.9
concerning the placing
or planting of a bomb,
dynamite, other deadly
- 11 -
explosive, or a weapon
of mass destruction (if
charged)
Attempt
777.04(1) 5.1
False reports of
790.163(1)* 10.9*
bombing concerning
the use of firearms in a
violent manner against
a person*
Comments
*Although the crime set forth in §
790.164(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 1997 WL 47636
...Upon issuance of the mandate in this case, the trial court will have five days within which to comply with rule 3.702(d)(18)(A) by providing written reasons for departure. AFFIRMED. PETERSON, C.J., concurs. GRIFFIN, J., concurs in result. NOTES [1] §
790.165(2), Fla. Stat. (1995). [2] §
790.163, Fla....
CopyPublished | Supreme Court of Florida
...enforcement officer,” “state attorney,” “assistant state attorney,” “firefighter,”
“judge,” “elected official,” or “family member” of such persons.
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...
...ing 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 tha...
...2000).
This instruction was adopted in 2017.
10.9 FALSE REPORTS OF BOMBING 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]
§ 790.163(1), Fla._Stat.
To prove the crime of (crime charged) False Report Concerning the
[Placing or Planting of a Bomb, Dynamite, Other Deadly Explosive, or a
-8-
Weapon of Mass Destruction] [Use...
...destruction] [the use of firearms in a violent manner against a
person].
2. (Defendant) knew the report was false.
3. The report was made with intent to deceive, mislead or otherwise
misinform (person alleged) any person.
§ 790.163(3), Fla....
...THE STATE [OR ANY POLITICAL SUBDIVISION] OR ARSON OR
OTHER VIOLENCE TO PROPERTY OWNED BY THE STATE
STATE-OWNED PROPERTY —
790.164(1)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
NoneFalse report
790.163(1) 10.9
concerning the placing
or planting of a bomb,
dynamite, other deadly
- 11 -
explosive, or a weapon
of mass destruction (if
charged)
Attempt
777.04(1) 5.1
False reports of
790.163(1)* 10.9*
bombing concerning
the use of firearms in a
violent manner against
a person*
Comments
*Although the crime set forth in §
790.164(1), Fla....
