Florida Statute 365.16 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 365
USE OF TELEPHONES AND FACSIMILE MACHINES

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F.S. 365.16

365.16 Obscene or harassing telephone calls.—

(1) Whoever:

(a) Makes a telephone call to a location at which the person receiving the call has a reasonable expectation of privacy; during such call makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, vulgar, or indecent; and by such call or such language intends to offend, annoy, abuse, threaten, or harass any person at the called number;

(b) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to annoy, abuse, threaten, or harass any person at the called number;

(c) Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or

(d) Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number,

is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Whoever knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Each telephone directory hereafter published for distribution to the members of the general public shall contain a notice which explains this law; such notice shall be printed in type which is no smaller than the smallest type on the same page and shall be preceded by the word “warning.” The provisions of this section shall not apply to directories solely for business advertising purposes, commonly known as classified directories.

(4) Each telephone company in this state shall cooperate with the law enforcement agencies of this state in using its facilities and personnel to detect and prevent violations of this section.

(5) Nothing contained in this section shall apply to telephone calls made in good faith in the ordinary course of business or commerce.

History.—ss. 1, 2, ch. 63-51; s. 1, ch. 69-25; s. 276, ch. 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 2, ch. 79-270; ss. 2, 4, ch. 80-275; s. 550, ch. 95-148.

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Amendments to 365.16

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 365.16

Level: Degree
Misdemeanor/Felony: First/Second/Third

S365.16 1a - OBSCENE COMMUNICATION - PHONE CALL - M: S

S365.16 1b - HARASSING COMMUNICATION - PHONE CALL - M: S

S365.16 1c - HARASSING COMMUNICATION - CAUSE ANOTHERS PHONE TO RING REPEATEDLY - M: S

S365.16 1d - HARASSING COMMUNICATION - REPEATED PHONE CALLS - M: S

S365.16 2 - HARASSING COMMUNICATION - PERMIT OBSCENE OR HARASSING PHONE CALLS - M: S

Cases Citing Statute 365.16

Total Results: 17

State v. Elder

382 So. 2d 687

Supreme Court of Florida | Filed: Apr 3, 1980 | Docket: 2559460

Cited 40 times | Published

validity of section 365.16(1)(b), Florida Statutes (1977). The issue presented is whether section 365.16(1)(b)

State v. Keaton

371 So. 2d 86

Supreme Court of Florida | Filed: May 10, 1979 | Docket: 1786008

Cited 29 times | Published

Appellee was charged by information under section 365.16(1)(a), Florida Statutes (1977),[1] with making

Stall v. State

570 So. 2d 257, 1990 WL 154236

Supreme Court of Florida | Filed: Oct 11, 1990 | Docket: 1350025

Cited 27 times | Published

lascivious, filthy, or indecent" over the telephone. § 365.16(1)(a), Fla. Stat. (1977). The decision in Keaton

Stoddard v. Wohlfahrt

573 So. 2d 1060, 1991 WL 11701

District Court of Appeal of Florida | Filed: Feb 7, 1991 | Docket: 2517946

Cited 9 times | Published

two, the violation of section 365.16, Florida Statutes (1987). Section 365.16 makes it a second-degree

Gilbreath v. State

650 So. 2d 10, 1995 WL 37647

Supreme Court of Florida | Filed: Feb 2, 1995 | Docket: 1346177

Cited 5 times | Published

district court that expressly declares to be valid section 365.16(1)(a), Florida Statutes (1991), 629 So.2d 962

Cohen v. State

171 So. 3d 179, 2015 Fla. App. LEXIS 11340, 2015 WL 4546950

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679138

Cited 2 times | Published

above) specifically charging a violation of section 365.16(l)(a). 1 In May 2014, the trial

H.L.D. v. State

83 So. 3d 750, 2011 Fla. App. LEXIS 12304, 2011 WL 3359610

District Court of Appeal of Florida | Filed: Aug 5, 2011 | Docket: 60306492

Cited 2 times | Published

concur. . § 784.048(5), Fla. Stat. (2008). . § 365.16(l)(b), (d), Fla. Stat. (2008). . Rule 8.140

Avrich v. State

936 So. 2d 739, 2006 Fla. App. LEXIS 14034, 2006 WL 2422824

District Court of Appeal of Florida | Filed: Aug 23, 2006 | Docket: 64846347

Cited 2 times | Published

reasonable expectation of privacy, in violation of section 365.16(l)(a), Florida Statutes (2004). Counts 10-37

In Re Brown

748 So. 2d 960, 1999 WL 731668

Supreme Court of Florida | Filed: Sep 16, 1999 | Docket: 1504740

Cited 2 times | Published

of harassing communications in violation of Section 365.16, Florida Statutes. Ms. Brown was the former

Armstrong v. Southern Bell Tel. & Tel. Co.

366 So. 2d 88

District Court of Appeal of Florida | Filed: Jan 3, 1979 | Docket: 1227810

Cited 2 times | Published

was receiving harassing telephone calls. Florida Statute 365.16 proscribes the use of a telephone to annoy

Durie v. State

901 So. 2d 171, 2005 Fla. App. LEXIS 2234, 2005 WL 433326

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 64838000

Published

attorney general, allegedly in violation of section 365.16(1), Florida Statutes (2001). We conclude that

Inquiry Concerning A Judge, No. 98-222, re Brown

748 So. 2d 960, 24 Fla. L. Weekly Supp. 427, 1999 Fla. LEXIS 1557

Supreme Court of Florida | Filed: Sep 16, 1999 | Docket: 64794007

Published

of harassing communications in violation of Section 365.16, Florida Statutes. Ms. Brown was the former

Seybel v. State

693 So. 2d 678, 1997 Fla. App. LEXIS 4940, 1997 WL 228682

District Court of Appeal of Florida | Filed: May 7, 1997 | Docket: 64773455

Published

statute prohibiting harassing telephone calls, section 365.16, rather than under the felony statute for aggravated

Gilbreath v. State

629 So. 2d 962, 1993 Fla. App. LEXIS 12544, 1993 WL 533869

District Court of Appeal of Florida | Filed: Dec 22, 1993 | Docket: 64745384

Published

conviction for “obscene or harassing telephone calls.” § 365.16(l)(a), Fla.Stat. (1991). Of the several issues

Florida Bar v. Helinger

620 So. 2d 993, 18 Fla. L. Weekly Supp. 347, 1993 Fla. LEXIS 1021, 1993 WL 209150

Supreme Court of Florida | Filed: Jun 17, 1993 | Docket: 64697430

Published

making obscene phone calls in violation of section 365.16(l)(d), Florida Statutes (1989), and was sentenced

P.J. v. State

453 So. 2d 470, 1984 Fla. App. LEXIS 14257

District Court of Appeal of Florida | Filed: Jul 25, 1984 | Docket: 64606106

Published

harassing telephone calls in violation of section 365.-16, Florida Statutes (1981). Appellant argues

Ago

Florida Attorney General Reports | Filed: Jul 8, 1983 | Docket: 3256170

Published

the municipal police department. QUESTION ONE Section 365.16, F.S., provides that it is unlawful to use