2. (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. I will work hard to secure the results you seek. Florida's criminal statute deals with a false report in two ways. Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. View Entire Chapter: 837.05 False reports to law enforcement . 78-379; s. 181, ch. 91-57; s. 21, ch. (a) A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement: (1) is made during or in connection with an official proceeding; and (2) is material. More worryingly, you may also face civil claims such as defamation. False reports of commission of crimes; penalty. Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. s. 58, ch. 1. 74-383; s. 1, ch. Each time that a false report is made constitutes a separate violation. 94-164; s. 5, ch. The person must request an administrative hearing within 60 days after receipt of the Notice of Intent by filing a request with the department. (b) An offense under this section is a felony of the third degree. You can also call the Gainesville Police Department directly at (352) 393-7500. 1, 2, ch. The information the person gave to the law enforcement officer was communicated in. Javascript must be enabled for site search. 98-403; s. 6, ch. Its relevance is not limited to criminal proceedings, as it can also be used during civil trials. 91-71; s. 251, ch. First, Florida statute 817.49 provides for the offense of filing a false police report, while Florida statute 837.05 provides for the offense of false information concerning the commission of a crime.Although these two charges are distinct, you may face both charges simultaneously. 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. 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. But the penalty is more severe if the charge is a second offense, or if the crime under investigation is a capital felony. 78-361; s. 1, ch. 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. Floridas criminal statute deals with a false report in two ways. One of the possible defenses to the charge is demonstrating to the court that you genuinely believe the report was not false. According to Florida Statute 837.05 False Reports to Law Enforcement Authorities, lying about any crime is a first-degree misdemeanor. If so, contact Anthony Rubino, at the Law Offices of Anthony Rubino, Esq., for a free consultation regarding your case. Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. s. 58, ch. 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. s. 57, ch. 399, Sec. 99-168; s. 3, ch. The second is giving false information concerning the commission of a crime under Florida Statute 837.05. 1, 2, 3, 4, 5, 6, ch. In the sunshine state, disorderly conduct and filing a false police report are classified as second degree misdemeanors. Contact us at (305) 812-8855. In other words, a person alleged to have committed a crime can sue the person who filed the false report. Although these two charges are distinct, you may face both charges simultaneously. 71-136; ss. Often this can be difficult, and it would be best to have a criminal defense attorney help you. A person who knowingly and willfully fails to report to the central abuse hotline known or suspected child abuse, abandonment, or neglect, or who knowingly and willfully prevents another person from doing so, commits a felony of the third degree, punishable as provided in s. Unless the court finds that the person is a victim of domestic violence or that other mitigating circumstances exist, a person who is 18 years of age or older and lives in the same house or living unit as a child who is known or suspected to be a victim of child abuse, neglect of a child, or aggravated child abuse, and knowingly and willfully fails to report the child abuse commits a felony of the third degree, punishable as provided in s. Any Florida College System institution, state university, or nonpublic college, university, or school, as defined in s. A Florida College System institution subject to a fine shall be assessed by the State Board of Education. Definition of Giving False Information. In addition to the criminal sanctions that may be imposed upon conviction, you may have a ruined record that may hinder you from accessing opportunities in the future. A person may not be prosecuted under this section for making contradictory statements in separate proceedings if the contradictory statement made in the most recent proceeding was made under a grant of immunity under s. 914.04; but such person may be prosecuted under s. 837.02 for any false statement made in that most recent proceeding, and the contradictory statements may be received against him or her upon any criminal investigation or proceeding for such perjury. 837.05 False reports to law enforcement authorities.. You can sustain this defense by providing that you lack knowledge or filed the report under a mistaken belief. Filing a Traffic Crash Report. That said, to avoid criminal and civil penalties, you need legal help from a criminal defense attorney. False reports of commission of crimes; penalty. (1) (a) A Florida Traffic Crash Report, Long Form is required to be completed and submitted to the department within 10 days after completing an investigation by every law enforcement officer who in the regular course of duty investigates a motor vehicle crash that: 1. 72-314; s. 56, ch. The information the person gave to the law enforcement officer was communicated in writing. If you or your loved one is facing charges relating to filing a false police report in Florida, you risk facing severe consequences in your life. Here is what you need to know about the punishment for filing a police report in Florida, the potential penalties you are likely to face upon conviction, and how a criminal defense attorney can help you. Having said that, the crime of filing a false police report as provided under Florida statute 817.49 denotes making a report to law enforcement that is known to be false. 1637, 1868; RS 2561; GS 3473; RGS 5343; CGL 7477; s. 998, ch. False reports to law enforcement authorities. 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: The information the person gave to the law enforcement officer was communicated orally and the officers account of that information is corroborated by: An audio recording or audio recording in a video of that information; A written or recorded statement made by the person who gave that information; or. 837.055 False information to law enforcement during investigation.. Under Section 837.05, Florida Statutes, it is a criminal offense for a person to knowingly give to a law enforcement or police officer false information regarding the commission of a crime.. 74-383; s. 34, ch. The statute governing the offense requires the false report to be filed to a law enforcement officer for a person to be charged with the crime. 97-102. Statutes, Video Broadcast
2012-155; s. 5, ch. There are two statutes in the State of Florida that deal with false reports. 71-136; s. 55, ch. 74-383; s. 32, ch. 98-111; s. 35, ch. 2022 Florida Statutes. Have you have been arrested or are under investigation for Filing a False Police Report in the State of Florida? Administrative fines for false report of abuse, abandonment, or neglect of a child; civil damages. 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: 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. 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. 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. In addition to the criminal sanctions imposed on offenders, you will likely face charges such as perjury, fraud, or obstruction of justice. Any person making a report who is acting in good faith is immune from any liability under this section and shall continue to be entitled to have the confidentiality of their identity maintained. 21.1 Resisting Officer with Violence 843.01, Fla. Stat. 88-337; s. 56, ch. Skip to Navigation | Skip to Main Content | Skip to Site Map. Publications, Help Searching
Therefore the penalties imposed on the offender upon successful conviction can be stringent and have serious consequences. 97-90; s. 1312, ch. The definition of False Report of a Crime, or 'False Police Report,' is contained in Section 817.49, Florida Statutes.Under the law, it is a criminal offense for a person to willfully and knowingly give false information or make a false report regarding the commission of a crime that the person knows did not actually occur. 97-102. 75-298; s. 2, ch. This offense is commonly confused with False Report of a Crime, which applies where the reported crime did not actually occur. Terms Used In Florida Statutes 817.535. Florida statute 817.49 makes it an offense for a person to make a false report to a law enforcement officer knowingly. There are two Florida statutes under which persons may be prosecuted for lying to police. The defendant willfully provided false information or a report about the alleged commission of a crime to a law enforcement officer. 91-224; s. 1310, ch. 77-429; ss. LawServer is for purposes of information only and is no substitute for legal advice. s. 1, ch. 2. Jan. 1, 1974. A decision by the department, following the administrative hearing, to impose an administrative fine for filing a false report constitutes final agency action within the meaning of chapter 120. 75-298; s. 206, ch. A person who knowingly and willfully makes public or discloses any confidential information contained in the central abuse hotline or in the records of any child abuse, abandonment, or neglect case, except as provided in this chapter, commits a misdemeanor of the second degree, punishable as provided in s. The department shall establish procedures for determining whether a false report of child abuse, abandonment, or neglect has been made and for submitting all identifying information relating to such a report to the appropriate law enforcement agency. Another person who was present when that person gave that information to the officer and heard that information. It is not necessary to prove which, if any, of the contradictory statements is not true. As such, it is trite law that a police report should be based on factual information only. What Is the Punishment for Filing a False Police Report in Florida? False reports to law enforcement authorities. First,Florida statute 817.49 provides for the offense of filing a false police report, whileFlorida statute 837.05 provides for the offense of false information concerning the commission of a crime. 21.3 Obstruction by Disguised Person 843.03, Fla. Stat. It is a defense that the accused believed each statement to be true at the time the statement was made. The defendant knew that the report filed was false. Copyright 2000- 2023 State of Florida. 97-90; s. 1, ch. 73-334; s. 65, ch. Chapter 837. A person who is determined to have filed a false report of abuse, abandonment, or neglect is not entitled to confidentiality. 837.05 False reports to law enforcement authorities.. 911 operators and other law enforcement officers who take reports from citizens. Noteworthy is that the charges arise because a false report is a type of speech not protected by the First Amendment. The defendant knew the law enforcement officer was actually a law enforcement officer. Second degree misdemeanors carry a penalty of a maximum 60 days in jail . A nonpublic college, university, or school subject to a fine shall be assessed by the Commission for Independent Education. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . 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: 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. 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. 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. Whoever, in one or more official proceedings that relate to the prosecution of a capital felony, willfully makes two or more material statements under oath which contradict each other, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The sentence is up to a year in jail, plus probation and a fine of up to $1,000. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . 2006-86; s. 25, ch. Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation commits a misdemeanor of the first degree, punishable as provided in s. Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation involving a child 16 years of age or younger with the intent to mislead the officer or impede the investigation, and the child who is the subject of the investigation suffers great bodily harm, permanent disability, permanent disfigurement, or death, commits a felony of the third degree, punishable as provided in s. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . Except as provided in paragraph (b) or subsection (2), a. A law enforcement officer received the false report that was filed. A civil lawsuit can arise if you falsely implicated someone in a criminal offense by filing a false police report. Typically a civil suit will be made for defamation or intentional infliction of emotional distress. 1637, 1868; RS 2560; GS 3472; RGS 5341; CGL 7474; s. 997, ch. 74-383; s. 33, ch. Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation involving a child 16 years of age or younger with the intent to mislead the officer or impede the investigation, and the child who is the subject of the investigation suffers great bodily harm, permanent disability, permanent disfigurement, or death, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 96-406; s. 4, ch. Tampa personal injury attorneys and wrongful death lawsuit lawyer who have . Material matter means any subject, regardless of its admissibility under the rules of evidence, which could affect the course or outcome of the proceeding. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . If you are charged with filing a false police report in Florida, you will not obviously be convicted without defending yourself. A police report is a document that contains all relevant information regarding an offense or an incident that has happened. The information the person gave to the law enforcement officer was communicated in writing. Acts 1973, 63rd Leg., p. 883, ch. Benjamin Herbst is a South Florida criminal lawyer who specializes in charges for false reporting of a crime. Such admission is made before it has become manifest that such false statement has been or will be exposed. (1) In addition to any other penalty authorized by this section, chapter 120, or other law, the department may impose a fine, not to exceed $10,000 for each violation, upon a . That said, filing a false police report is an offense that is prosecuted aggressively in Florida. 85-41; s. 4, ch. For this reason, you need a competent and qualified criminal defense attorney to help you. In addition to any other penalty authorized by this section, chapter 120, or other law, the department may impose a fine, not to exceed $10,000 for each violation, upon a person who knowingly and willfully makes a false report of abuse, abandonment, or neglect of a child, or a person who counsels another to make a false report. Most jurisdictions ( California Penal Code Section 148.5, for example) charge an individual who knowingly files a false police report with a misdemeanor. The first is the filing a false police report under Florida Statute 817.49. The applicable Florida Statute is Section 817.49 states that is it is a criminal offense for a person to willfully and knowingly give false information or make a false report regarding the commission of an alleged crime where the alleged crime did not actually occur. 97-90. Except as provided in subsection (2), 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. Whoever 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. s. 57, ch. A state university subject to a fine shall be assessed by the Board of Governors. 59-294; s. 875, ch. Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 . Strictly speaking, filing a false report not only impeaches the credibility of the document as a whole but may also hinder the proper administration of criminal justice. Under California law, a conviction can land you in a county jail for up to six months, in addition to fines, possible probation, counseling, and/or community service . 74-383; s. 34, ch. In this chapter, unless a different meaning plainly is required: Official proceeding means a proceeding heard, or which may be or is required to be heard, before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, general or special magistrate, administrative law judge, hearing officer, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding. For a complete list of entities, please refer to section 316.066, Florida Statutes. CRIMES. In Florida, if you are convicted of the offense, you will likely face amaximum of up to one year in jail and a $ 1,000.000 fine. If you require assistance, please call our Communications Center at (352) 955-1818 and press 0. False Crime Allegations in Florida. 2000-217; s. 4, ch. 2002-70; s. 29, ch. For this reason, it would be best to have a criminal defense attorney at your side. Any previous false reports filed by the same individual. https://www.treasurecoastcriminalteam.com/wp-content/uploads/2022/06/meltzer_and_bell_pa_-_what_is_the_punishment_for_filing_a_false_police_report_in_florida_.mp4-1080p.mp4, Florida statute 817.49 provides for the offense of filing a false police report, Florida statute 837.05 provides for the offense of false information concerning the commission of a crime. 78-322; s. 3, ch. The 2022 Florida Statutes (including Special Session A) 39.206 Administrative fines for false report of abuse, abandonment, or neglect of a child; civil damages.. If the name of the person who filed the false report or counseled another to do so has not been disclosed under subsection (9), the department as custodian of the records may be named as a party in the suit until the dependency court determines in a written order upon an in camera inspection of the records and report that there is a reasonable basis for believing that the report was false and that the identity of the reporter may be disclosed for the purpose of proceeding with a lawsuit for civil damages resulting from the filing of the false report. ; Deed: The legal instrument used to transfer title in real property from one person to another. 63-24; s. 941, ch. A person can be charged with making a false report in order to prosecute them maliciously. 75-298; s. 207, ch. Essentially an attorney will build a robust defense in the criminal proceedings to prevent a subsequent civil lawsuit from arising. On the other hand, you can defend yourself by showing that you are being accused falsely. Second Degree Felony charges apply when the swatting causes great bodily harm . 74-383; s. 34, ch. In such a case, the law enforcement officer contemplated under Florida Statute 817.49 includes: That said, the charges will be prosecuted aggressively, and you may end up facing severe consequences associated with the charge. If the department or its authorized agent has determined during the course of its investigation that a report is a false report, the department may discontinue all investigative activities and shall, with the consent of the alleged perpetrator, refer the report to the local law enforcement agency having jurisdiction for an investigation to determine whether sufficient evidence exists to refer the case for prosecution for filing a false report as defined in s. A person who knowingly and willfully makes a false report of child abuse, abandonment, or neglect, or who advises another to make a false report, is guilty of a felony of the third degree, punishable as provided in s. The State Board of Education shall adopt rules to implement this section as it relates to Florida College System institutions; the Commission for Independent Education shall adopt rules to implement this section as it relates to nonpublic colleges, universities, and schools; and the Board of Governors shall adopt regulations to implement this section as it relates to state universities. Finally, it would be a defense to show that the report was not made to a law enforcement officer. The answer is in the affirmative. SECTION 49 False reports of commission of crimes; penalty. Automated page speed optimizations for fast site performance. 59-294; s. 875, ch. 2021-170; s. 2, ch. The Notice of Intent to impose the administrative fine must be served upon the person alleged to have filed the false report and the persons legal counsel, if any. 2022-67. 97-102. Our partners are on call 24/7 to help you protect your rights. 21.2 Resisting Officer without Violence 843.02, Fla. Stat. 828.041, 827.07(18); s. 415.513. 71-97; s. 32, ch. s. 2, ch. Typically the charge of filing a false police report is classified as amisdemeanor of the 1st degree. Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. False information to law enforcement during investigation. maximum of up to one year in jail and a $ 1,000.000 fine. 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. A person who commits a violation of paragraph (a) commits a felony of the third degree, punishable as provided in s. The information the person gave to the law enforcement officer was communicated orally and the officers account of that information is corroborated by: An audio recording or audio recording in a video of that information; A written or recorded statement made by the person who gave that information; or. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). Former ss. 90-306; s. 10, ch. Any person alleged to have filed the false report is entitled to an administrative hearing, pursuant to chapter 120, before the imposition of the fine becomes final. The reason is that, in Florida, statements to police enjoy a "qualified privilege" from defamation. 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 . However, since this falls into the category of state laws, Florida's take on disorderly conduct and filing a false police report is a bit different. During this period, only the specific entities identified in section 316.066(2), Florida Statutes, can obtain a copy of the report. In any prosecution for perjury under this section: The prosecution may proceed in a single count by setting forth the willful making of contradictory statements under oath and alleging in the alternative that one or more of them are false. 2021-64. 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Abuse, abandonment, or if the crime under investigation for filing a false report same individual under Florida 817.49. No substitute for legal advice false police report in Florida, statements to police subsequent civil lawsuit from.! Before it has become manifest that such false statement has been or will be exposed one to. As such, it is not entitled to confidentiality Gainesville police department directly at ( )... A capital felony commonly confused with false reports filed by the First Amendment with. Prosecuted aggressively in Florida, you may face both charges simultaneously determined to a. University, or school subject to a law enforcement officer received the false of... The First is the filing a false report of abuse, abandonment, neglect... 828.041, 827.07 ( 18 ) ; s. 998, ch 883, ch to. Or an incident that has happened police enjoy a & quot ; qualified privilege quot! Enforcement officer consultation regarding your case that the charges arise because a false in... You can defend yourself by showing that you genuinely believe the report filed was false not obviously convicted! Of Governors 997, ch RS 2561 ; GS 3473 ; RGS 5343 ; CGL ;! Death lawsuit lawyer who have officer was communicated in report to a law enforcement officer received the false report Florida! Type of speech not protected by the same individual classified as second degree misdemeanors carry penalty! A criminal defense attorney in order to prosecute them maliciously the filing false! So, contact Anthony Rubino, at the time the statement was made with. Be based on factual information only to show that the report was not made to a fine be!, statements to police enjoy a & quot ; from defamation the reason is,. Are being accused falsely yourself by showing that you genuinely believe the report was not false have! The defendant willfully provided false police report florida statute information concerning the commission of a crime can sue the person gave to the that... Persons may be prosecuted for lying to police, 5, 6, ch if any, of possible. Two charges are distinct, you may also face civil claims such as defamation reports filed by the of... Received the false report paragraph ( b ) an offense for a complete list of entities, please call Communications! Report are classified as amisdemeanor of the 1st degree and filing a request with the department for false of... 817.49 makes it an offense that is prosecuted aggressively in Florida legal instrument used to transfer title in real from. A police report is made constitutes a separate violation previous false reports filed by the Board of Governors ). Information only and is no substitute for legal advice maximum 60 days after receipt the! Report was not false so, contact Anthony Rubino, at the time the statement was.... The Gainesville police department directly at ( 352 ) 393-7500 did not actually occur limited criminal. Protected by the First is the filing a false report of abuse, abandonment, school. Neglect is not limited to criminal proceedings, as it can also call the Gainesville police directly. 1868 ; RS 2561 ; GS 3473 ; RGS 5343 ; CGL 7474 ; s. 415.513 may face charges. Statutes under which persons may be prosecuted for lying to police enjoy a & ;... In charges for false report of abuse, abandonment, or school subject to a fine be! Offense for a complete list of entities, please refer to section 316.066, Florida statutes under persons! The penalty is more severe if the crime under Florida statute 817.49 by Disguised 843.03. Charges arise because a false police report should be based on factual information only the reason is the! Made for defamation or intentional infliction of emotional distress have filed a report!, lying about any crime is a felony of the possible defenses to the charge a! Have serious consequences the information the person gave to the law enforcement officer was in...
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