Arrestable Offenses / Crimes under Fla. Stat. 817.49
S817.49 - MAKING FALSE REPORT - RENUMBERED. SEE REC # 9459 - M: F
S817.49 2b1 - MAKING FALSE REPORT - FALSE REPORT CRIME CAUSE GREAT BODILY HARM - F: T
CopyCited 186 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 2602021, 2012 U.S. App. LEXIS 13844
...happened she would, in effect, lie about it in a report of her own or file charges
against Butler for trespassing on her property. But any private citizen can submit
a report to law enforcement and seek criminal charges against another person. Cf.
Fla. Stat. § 817.49 (providing that it is a misdemeanor to convey “to any law
enforcement officer false information or reports concerning the alleged
commission of any crime under [Florida law], knowing such information or report
to be false, in that no s...
CopyCited 38 times | Published | Court of Appeals for the Eleventh Circuit | 1995 WL 519154
...wise. The state of Florida provides a significant deterrent against reporting false information to its law enforcement agencies and officers by making such acts punishable by law. Fla. StatAnn. §
365.171(16) (West 1995) (false “911” calls); Id. §
817.49 (false reports of commission of crimes to law enforcement officers)....
CopyCited 25 times | Published | Florida 4th District Court of Appeal
...hich the defendant was found guilty, does not exist under Florida law. Hence, Ms. Silvestri must be discharged as to this alleged offense. [2] We reach the same conclusion concerning the conviction of attempted making a false report of a crime. F.S. § 817.49 the violation of which the defendant was charged in Count III of the information, provides that "Whoever willfully imparts, conveys or causes to be imparted or conveyed to any law enforcement officer false ......
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 2005 WL 845775
...as in its previous motion. The trial court granted the motion and dismissed the insurance fraud charge. The State then filed a second Amended Information, charging the defendant with: Count 1 False Report of Commission of a Crime in violation of section
817.49; [4] Count 2 and Count 3 Fabricating Physical Evidence in violation of section
918.13(1)(b); [5] and Count 4 Official Misconduct in violation of Florida Statute 839.25....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 4940, 1993 WL 140139
...(Emphasis in original). The insurer contends that the trial court in the instant case properly found no coverage based on the exclusion contained in the Travelers policy for "personal injury arising out of the wilful violation of a penal statute," specifically, section 817.49, Florida Statutes (1991)....
...to maintain a cause of action for malicious prosecution against the insureds. See, e.g., Auto-Owners Ins. Co. v. Hooks,
463 So.2d 468, 476 (Fla. 1st DCA 1985). On the other hand, there are no allegations concerning, or references to, a violation of section
817.49....
...uding indemnification under the Travelers policy. The jury's determination in Murphy that the insureds were liable for compensatory damages for malicious prosecution does not necessarily lead us to the conclusion that the insureds willfully violated section 817.49....
...stif[ied]." The verdict finding the insureds liable for damages for malicious prosecution, thus, does not by necessity imply that the insureds willfully violated a penal statute by knowingly giving false information to a law enforcement officer. See § 817.49, Fla....
CopyCited 9 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 2988, 1990 WL 26974
...No justification for so sweeping an infringement on free speech has been offered by the Bar. Furthermore, the filing of false complaint could perhaps be punished, without imposing prior restraint on speech, in much the same way perjury or the filing of false reports of crime are punished. See Fla.Stat. §§
837.02 and
817.49 [3] ; see also Doe v....
..., punishable as provided in §
775.082, §
775.083, or §
775.084. (2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant's mistaken belief that his statement was not material is not a defense. Fla.Stat. Section
817.49 provides: Whoever willfully imparts, conveys or causes to be imparted or conveyed to any law enforcement officer false information or reports concerning the alleged commission of any crime under the laws of this state, knowing such inf...
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2005 WL 382895
...Rather, at trial the primary issue was whether Ms. Boland knew that she was making a false report. During the charge conference, Ms. Boland requested that the court instruct the jury on the misdemeanor offense of "false report of commission of crimes" described in section
817.49, Florida Statutes (2002), asserting that this was a lesser-included offense of the offense described in section
837.05(2)....
...officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083. Subsection
837.05(1) establishes an offense that is virtually identical to the offense defined in section
817.49....
...ctually been committed, shall upon conviction thereof be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083. Perhaps the only difference between the misdemeanor offenses described in section
837.05(1) and section
817.49 is that the latter would appear to permit a conviction for indirectly providing false information to a police officer, while the former might be interpreted as requiring the defendant to directly give the information to the officer....
...er offense; and (b) a finding of guilt on the offense would be supported by the evidence submitted at trial. See State v. Wimberly,
498 So.2d 929, 931 (Fla.1986).
718 So.2d at 310. We conclude that the first-degree misdemeanors described in sections
817.49 and
837.05(1) are necessarily lesser-included offenses of the third-degree felony offense described by section
837.05(2)....
...ing the alleged commission of any crime," see §
837.05(1), and has "willfully impart[ed] ... to [a] law enforcement officer false information... concerning the alleged commission of any crime ... knowing such information or report to be false," see §
817.49....
...In this case, it is likely that the error would be reversible even if it were subjected to a harmless error analysis. We therefore reverse Ms. Boland's conviction and remand for a new trial at which the trial court must give instructions on the lesser-included offense described either in section
817.49 or section
837.05(1)....
...Boland's request to instruct the jury on a necessarily lesser-included offense that was one step removed from the offense charged, we reverse and remand for a new trial. Reversed and remanded. NORTHCUTT and CANADY, JJ., Concur. NOTES [1] Interestingly, there is a standard jury instruction for section
817.49, but no standard instruction for either offense contained in section
837.05. See Fla. Std. Jury Instr. (Crim.) 21.4 (entitled "False Reports of Commissions of Crime"). In the schedule of lesser offenses, however, there is a reference only to section
837.05 and no reference to section
817.49.
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 19944, 2006 WL 3422355
...Marshall had informed her that he was home "building bombs." Mr. Marshall filed his first amended complaint against Amerisys, under the theory of respondeat superior for Ms. Wilson's alleged misconduct, and asserted that Amerisys (1) committed a negligence per se violation of section
817.49, Florida Statutes, by falsely accusing him of a crime; (2) committed defamation by falsely accusing him of a crime; (3) committed libel per se by writing e-mails falsely accusing him of a crime; (4) committed fraud under section
440.10...
...ers' Compensation Law provides the exclusive remedy for claims or grievances arising out of a workers' compensation claim and claiming that the complaint further fails to state a cause of action under the theories of a negligence per se violation of section 817.49, Florida Statutes, defamation, and libel, as the statements forming the basis of these counts are substantially true....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 WL 2652389
...from unreasonable searches and seizures, and expressly provides that "this right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court." [3] See, e.g., Fla. Stat. § 817.49 (2010) ("Whoever willfully ....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 10434
...from unreasonable searches and seizures, and expressly provides that "this right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court.” . See, e.g., Fla. Stat. § 817.49 (2010) ("Whoever willfully ......
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1266061
...Although from the record it is a very close question whether the officers had probable cause to arrest Mr. Terrell for disorderly conduct, see Barry v. State,
934 So.2d 656, 657-58 (Fla. 2d DCA 2006), the officers clearly had probable cause to arrest him for filing a false report, see §
817.49, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2001 WL 1575707
...To be guilty of false reporting of a nonexistent crime, one must willfully impart, convey, or cause to be imparted or conveyed to a law enforcement officer false information or reports concerning the alleged commission of a crime, knowing such information or report is false, in that no such crime has actually been committed. § 817.49, Fla....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1995 WL 443903
...Florida provides a significant deterrent against
reporting false information to its law enforcement agencies and
officers by making such acts punishable by law. F LA.STAT.ANN. §
365.171(16) (West 1995) (false "911" calls); Id. §
817.49 (false
reports of commission of crimes to law enforcement officers)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...that front “is deemed abandoned and its merits will not be addressed.” Access Now,
385 F.3d at
1330.
7
USCA11 Case: 18-10969 Date Filed: 10/08/2020 Page: 8 of 25
false tip. See id. at 400; Fla. Stat. §
817.49....
CopyPublished | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 24100, 2003 WL 23191031
...ar being sued." Gold,
121 F.3d at 1446. The only issue is whether, under the circumstances, a reasonable officer could have had probable cause to believe Plaintiff falsely reported Noicely violated the TRO, thereby violating the TRO, and/or Sections
817.49 and/or
837.05, Florida Statutes which make it a crime to falsely report the commission of a crime....
...April 11, 2003) (noting that at the dismissal stage in this case, "the parties have focused on only whether Byford violated the terms of the protective order and not on whether Byford may have arguably violated Florida law in some other manner, such as falsely reporting a crime. See Fla. Stat. Ann. §
817.49 (2000)"); see also Lee,
284 F.3d at 1195-96. Under Florida law, it is a crime to knowingly make a false report concerning the alleged commission of a crime to a police officer. Specifically, under Section
817.49, Florida Statutes, Whoever willfully imparts, conveys or causes to be imparted or conveyed to any law enforcement officer 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, in that no such crime had actually been committed, shall upon conviction thereof be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.83. Fla. Stat. §
817.49....
...Similarly, under Section
837.05, Florida Statutes, "whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083." Violations of Sections
817.49 and/or
837.05 are punishable by up to one year imprisonment....
...f's Response in Opposition to Defendant's Motion For Summary Judgment [DE # 40], Ex. 1. [11] Indeed, under Florida law, it is a crime to knowingly make a false report concerning the alleged commission of a crime to a police officer. See Fla. Stat. §§
817.49 &
837.05. Violations of Sections
817.49 and
837.05, Florida Statutes, are misdemeanors in the first degree....
CopyPublished | Florida 3rd District Court of Appeal
...HENDON, J.
Jose Miguel Cebez petitions this Court for a writ of habeas corpus.
For the reasons that follow, we deny the petition.
Mr. Cebez was charged by information with one count of falsely
reporting the commission of a crime pursuant to section
817.49, Florida
Statutes (Count 1); one count of uttering a forged instrument pursuant to
section
831.02, Florida Statutes (Count 2); one count of first degree grand
theft pursuant to section
812.014(2)(a), Florida Statutes (Count 3); one...
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Dec 12, 2024
...under arrest and transferred him to the City of Miami Police Officer
Station.
Scott was charged with reckless driving, Fla. Stat.
§
316.192(3), leaving the scene of an accident, id. §
316.061(1),
falsely reporting a crime, id. §
817.49, carrying a firearm without a
license, id....
CopyPublished | Court of Appeals for the Eleventh Circuit
...happened she would, in effect, lie about it in a report of her own or file charges
against Butler for trespassing on her property. But any private citizen can submit
a report to law enforcement and seek criminal charges against another person. Cf.
Fla. Stat. § 817.49 (providing that it is a misdemeanor to convey “to any law
enforcement officer false information or reports concerning the alleged
commission of any crime under [Florida law], knowing such information or report
to be false, in that no s...
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 4883
BOYD, Justice. Clarence T. Flowers is appealing directly to this Court his conviction in the Seminole County Court. The conviction was for falsely reporting the commission of a crime in violation of Section 817.49, Florida Statutes....
...ely the commission of a crime. Both arguments are meritless. The judgment and sentence of the court below are affirmed. It is so ordered. ENGLAND, C. J., and ADKINS, OVER-TON, HATCHETT and ALDERMAN, JJ., concur. SUNDBERG, J., concurs in result only. 817.49 False reports of commission of crimes; penalty....
CopyPublished | Supreme Court of Florida | 2014 WL 3361905
...This instruction was adopted in 1981 [
431 So. 2d 594] and amended
in 1989 [
543 So. 2d 1205], 1995 [
657 So.2d 1152], and2008 [
996 So. 2d 851], and
2014.
21.4 FALSE REPORTS OF COMMISSIONS OF A CRIME
§
817.49, Fla._Stat.
To prove the crime of False Reports of Commission of a Crime, the
State must prove the following four elements beyond a reasonable doubt:
1....
...Comment
The definition of law enforcement officer is contained in §§
843.01,
843.02,
Fla.Stat. “Law enforcement officer” is not defined in chapter 817, Florida Statutes,
or in case law interpreting and applying section
817.49....
...A CAPITAL FELONY —
837.05(2)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Giving False Information
837.05(1) 21.5
Concerning A Crime
False Reports of False Report of
817.49 21.4
Commissions of Crime Commission of Crime
18
Comment
See Wright v....
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 182, 2012 WL 75252
PER CURIAM. C.J.T. is a minor who was fourteen years old when placed on juvenile probation for the misdemeanor offense of making a false report to a law enforcement officer of an alleged crime, in violation of section 817.49, Florida Statutes (2010)....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 24563
...can be no attempt to commit that crime.” King at 853 . This analysis was also employed in Silves-tri, wherein the court held there was no such crime in Florida as the attempted making of a false report to a police officer concerning a crime under section 817.49, Florida Statutes (1975), because the acts constituting an attempt were included in the criminal offense itself....
...“The substantive completed crime is fully proved when an attempt, along with the requisite intent, is established.” Id. at 327 . In this case, the substantive crime clearly encompasses acts which logically are prepatory or preliminary to presenting a false claim to an insurance company. Even more clearly than section
817.49, Florida Statutes (1981), section
817.234 encompasses attempts....
...On remand Cox can be retried for the offense set forth in section
817.234. Double jeopardy will not bar a new trial. Sykes; Achin; Jordan v. State,
416 So.2d 1161 (Fla. 2d DCA 1982). 3 We affirm Cox’s conviction under Count I. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED. ORFINGER, C.J., and DAUKSCH, J., concur. . §
817.49, Fla.Stat....
CopyPublished | Court of Appeals for the Eleventh Circuit
...The state of Florida provides a significant deterrent
against reporting false information to its law enforcement agencies
and officers by making such acts punishable by law. F LA.STAT.ANN.
§
365.171(16) (West 1995) (false "911" calls); Id. §
817.49 (false
reports of commission of crimes to law enforcement officers)....
