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Florida Statute 837.05 | Lawyer Caselaw & Research
F.S. 837.05 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 837.05

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 837
PERJURY
View Entire Chapter
F.S. 837.05
837.05 False reports to law enforcement authorities.
(1)(a) Except as provided in paragraph (b) or subsection (2), a person who knowingly gives false information to a 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.
(b) A person who commits a violation of paragraph (a) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person has previously been convicted of a violation of paragraph (a) and subparagraph 1. or subparagraph 2. applies:
1. The information the person gave to the law enforcement officer was communicated orally and the officer’s account of that information is corroborated by:
a. An audio recording or audio recording in a video of that information;
b. A written or recorded statement made by the person who gave that information; or
c. Another person who was present when that person gave that information to the officer and heard that information.
2. The information the person gave to the law enforcement officer was communicated in writing.
(2) A person who knowingly gives false information to a law enforcement officer concerning the alleged commission of a capital felony, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.s. 57, ch. 74-383; s. 34, ch. 75-298; s. 206, ch. 91-224; s. 5, ch. 97-90; s. 1, ch. 2013-117.

F.S. 837.05 on Google Scholar

F.S. 837.05 on Casetext

Amendments to 837.05


Arrestable Offenses / Crimes under Fla. Stat. 837.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

S837.05 1 - MAKING FALSE REPORT - RENUMBERED. SEE REC #S 7522 AND 7523 - M: F
S837.05 1a - MAKING FALSE REPORT - KNOWINGLY GIVE FALSE INFO TO LEO ALLGD CRIME - M: F
S837.05 1b - MAKING FALSE REPORT - KNOW GIVE FALSE INFOR TO LEO ALLGD CRIME SUBSQ - F: T
S837.05 2 - MAKING FALSE REPORT - FALSE INFO TO LEO RE CAPITAL FELONY - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

BENOIT, v. CITY OF LAKE CITY, FLORIDA, a L., 343 F. Supp. 3d 1219 (M.D. Fla. 2018)

. . . Office also charged Melissa with filing a false police report in violation of Florida Statute section 837.05 . . .

STATE v. KWITOWSKI, Jr., 250 So. 3d 210 (Fla. App. Ct. 2018)

. . . State, 893 So.2d 683, 684 (Fla. 2d DCA 2005) (assuming that section 837.05(2), Florida Statutes (2002 . . .

BARLOW, v. STATE, 171 So. 3d 777 (Fla. Dist. Ct. App. 2015)

. . . was the basis for the two misdemeanor charges, giving a false report to a law enforcement officer, § 837.05 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 143 So. 3d 893 (Fla. 2014)

. . . adopted in 1981 and amended in 2014. 21.5 GIVING FALSE INFORMATION CONCERNING THE COMMISSION OF A CRIME § 837.05 . . . convicted of Giving False Information Concerning the Commission of a Crime in violation of Florida Statute 837.05 . . . ” is not defined in chapter 837, Florida Statutes, or in case law interpreting and applying section 837.05 . . . ” is not defined in chapter 837, Florida Statutes, or in case law interpreting and applying section 837.05 . . .

WARE, v. STATE, 111 So. 3d 257 (Fla. Dist. Ct. App. 2013)

. . . section 837.012, Florida Statutes, misdemeanor perjury when not in an official proceeding; or section 837.05 . . .

E. TARDIF, Jr. v. PEOPLE FOR ETHICAL TREATMENT OF ANIMALS, a, 829 F. Supp. 2d 1219 (M.D. Fla. 2011)

. . . . §§ 837.02, 837.012 and 837.05. (Doc. #135, pp. 8-10.) PETA relies on Kaminer v. . . . Finally, § 837.05 makes it illegal to give false information to any law enforcement officer concerning . . . Therefore, § 837.05 simply does not apply. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 965 So. 2d 811 (Fla. 2007)

. . . instruction was adopted in 2007. 21.5 GIVING FALSE INFORMATION CONCERNING THE COMMISSION OF A CRIME § 837.05 . . . was adopted in 2007. 21,6 GIVING FALSE INFORMATION CONCERNING THE COMMISSION OF A CAPITAL FELONY § 837.05 . . . Lesser Included Offenses GIVING FALSE INFORMATION CONCERNING THE COMMISSION OF A CAPITAL FELONY —837.05 . . . Giving False Information Concerning A Crime 837.05(1) 21.5 False Reports of Commissions of Crime 817.49 . . .

D. WALLACE, III, a k a a k a D. v. STATE, 964 So. 2d 722 (Fla. Dist. Ct. App. 2007)

. . . information proved to be false, he may have been subject to a charge of making a false report under section 837.05 . . .

ROMANO, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL,, 948 So. 2d 938 (Fla. Dist. Ct. App. 2007)

. . . . § 837.05, Fla. Stat. . . .

BOLAND, v. STATE, 893 So. 2d 683 (Fla. Dist. Ct. App. 2005)

. . . Boland was charged with a violation of section 837.05(2). . . . 837.05(1). . . . It refers only to section “837.05” without distinguishing between subsections (1) and (2). . . . lesser-included offenses of the third-degree felony offense described by section 837.05(2). . . . As noted above, there is no standard instruction on subsection 837.05(2). Ms. . . .

BYFORD, v. STEPHENS, a, 299 F. Supp. 2d 1253 (S.D. Fla. 2003)

. . . falsely reported Noicely violated the TRO, thereby violating the TRO, and/or Sections 817.49 and/or 837.05 . . . Similarly, under Section 837.05, Florida Statutes, “whoever knowingly gives false information to any . . . Violations of Sections 817.49 and/or 837.05 are punishable by up to one year imprisonment. See Fla. . . . Stat. §§ 817.49 & 837.05. . . . Violations of Sections -817.49 and 837.05, Florida Statutes, are misdemeanors in, the first degree. . . .

L. BEIZER, v. JUDGE,, 743 So. 2d 134 (Fla. Dist. Ct. App. 1999)

. . . the facts recited above and listing the charge as “false report to a police officer,” citing section 837.05 . . . Section 837.05, Florida Statutes (1991) provides that “[wjhoever knowingly gives false information to . . . A violation of section 837.05 “occurs only when someone lies to a police officer concerning the alleged . . .

A. MADIWALE, M. v. SAVAIKO,, 117 F.3d 1321 (11th Cir. 1997)

. . . having made allegedly false reports to law enforcement authorities in violation of Florida Statute § 837.05 . . . on this charge. c) Making False Reports Finally, Savaiko charged Hogan pursuant to Florida Statute § 837.05 . . . cannot state that Savaiko had arguable probable cause to arrest Hogan pursuant to Florida Statute § 837.05 . . .

S. FREUND, v. A. BUTTERWORTH,, 117 F.3d 1543 (11th Cir. 1997)

. . . Stat. ch. 837.05 (1983). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . Perjury by contradictory statements — 837.021 None None False reports to law enforcement authorities— 837.05 . . .

UNITED STATES v. SPECTOR,, 793 F.2d 932 (8th Cir. 1986)

. . . This requested instruction was based upon a Florida statute § 837.05 reading as follows: “Whoever knowingly . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. GORMAN, 18 Fla. Supp. 2d 261 (Fla. Div. Admin. Hearings 1986)

. . . 817.235, 817.39, 817.49, 817.563, 827.04(2)(3), 827.05, 828.122, 831.31(l)(b), 832.041, 832.05(2), 837.05 . . .

SEVIN, v. STATE, 478 So. 2d 521 (Fla. Dist. Ct. App. 1985)

. . . of an offense involving false statements, it must be an offense provided for in Section 837.012 or 837.05 . . .

NESSMITH, v. STATE, 472 So. 2d 1248 (Fla. Dist. Ct. App. 1985)

. . . must be an offense provided for in Section 837.012 [perjury when not in an official proceeding] or 837.05 . . .

STATE v. A. WITTE,, 451 So. 2d 950 (Fla. Dist. Ct. App. 1984)

. . . enforcement officer concerning the alleged commission of a crime, a first-degree misdemeanor under Section 837.05 . . .

In CREEKMORE, SHELBY, v. CREEKMORE,, 20 B.R. 164 (Bankr. W.D. Okla. 1982)

. . . aside of the real property conveyances, Judge Adams also rendered a Judgment in the amount of $13,-837.05 . . .

JOHNSON, v. STATE, 382 So. 2d 693 (Fla. 1980)

. . . as follows: The crime of knowingly giving false information to any law enforcement officer, Section 837.05 . . . The placement of the crime described in section 837.05 in the chapter of the Florida Statutes dealing . . . The offense described in section 837.05 does not require that the statement be made under oath, which . . . general reputation of said witness may likewise be given in evidence to affect his credibility. . § 837.05 . . .

SCHRAMM, v. STATE, 374 So. 2d 1043 (Fla. Dist. Ct. App. 1979)

. . . .-012 or 837.05, Florida Statutes (1977). . . . misdemeanor of the first degree, punishable as provided in § 775.082, § 775.083, or § 775.084.” . “837.05 . . .

JOHNSON, v. STATE, 361 So. 2d 767 (Fla. Dist. Ct. App. 1978)

. . . The crime of knowingly giving false information to any law enforcement officer, Section 837.05, Florida . . .