Florida Statute 365.16 | Lawyer Caselaw & Research

The 2024 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.

F.S. 365.16 on Google Scholar

F.S. 365.16 on Casetext

Amendments to 365.16

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

Annotations, Discussions, Cases:

Cases Citing Statute 365.16

Total Results: 19

Cohen v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-29T00:00:00-07:00

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

Snippet: called number, in violation of Florida Statutes 365.16(l)(a). Based upon this new misdemeanor arrest…above) specifically charging a violation of section 365.16(l)(a). 1 In May 2014, the trial court…making an obscene phone call in violation of section 365.16(l)(a) 2 , rendering unnecessary a recitation…erroneously relied upon an uncharged violation of section 365.16(l)(c), Florida Statutes, by having made the series…violation of making an obscene phone call under section 365.16(l)(a). McKenzie v. State, — So.3d -,

H.L.D. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-05T00:00:00-07:00

Citation: 83 So. 3d 750, 2011 Fla. App. LEXIS 12304

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

Avrich v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-23T00:00:00-07:00

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

Snippet: . 775.083. § 365.16(l)(a), Fla. Stat. (2004)(emphasis added). Originally, section 365.16(l)(a), Florida…expectation of privacy, in violation of section 365.16(l)(a), Florida Statutes (2004). Counts 10-37 charged…disclosing his identity, in violation of section 365.16(l)(b), Florida Statutes (2004). The case proceeded…-9 charged the defendant with violating section 365.16(l)(a) by making obscene and harassing telephone…had a reasonable expectation of privacy. Section 365.16(l)(a) provides, in pertinent part: (1) Whoever:

Durie v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-25T00:00:00-08:00

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

Snippet: is true here regarding section 365.16. Florida case law on section 365.16(l)(d) is nonexistent. Other jurisdictions…attorney general, allegedly in violation of section 365.16(1), Florida Statutes (2001). We conclude that the…making harassing telephone calls pursuant to section 365.16(1).2 The *174trial court found him guilty and revoked…Florida’s harassing telephone call statute, section 365.16, provides: (1) Whoever: (a) Makes a telephone call…view of the entire matter. The language of section 365.16(1) is thus critical to our analysis. The inapplicable

In Re Brown

Court: Fla. | Date Filed: 1999-09-16T00:53:00-07:00

Citation: 748 So. 2d 960

Snippet: harassing communications in violation of Section 365.16, Florida Statutes. Ms. Brown was the former daughter-in-law…harassing *962 communications in violation of Section 365.16, and stalking in violation of Section 784.048(2

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

Court: Fla. | Date Filed: 1999-09-16T00:00:00-07:00

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

Snippet: harassing communications in violation of Section 365.16, Florida Statutes. Ms. Brown was the former daughter-in-law…harassing *962communications in violation of Section 365.16, and stalking in violation of Section 784.048(2

Seybel v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-07T00:00:00-07:00

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

Snippet: prohibiting harassing telephone calls, section 365.16, rather than under the felony statute for aggravated…repeated harassing telephone calls under section 365.16, those same harassing telephone calls could not

Gilbreath v. State

Court: Fla. | Date Filed: 1995-02-01T23:53:00-08:00

Citation: 650 So. 2d 10

Snippet: court that expressly declares to be valid section 365.16(1)(a), Florida Statutes (1991), 629 So.2d 962. …or harassing phone call in violation of section 365.16(1)(a), Florida Statutes (1991). This conviction… circuit court's decision declaring section 365.16(1)(a), Florida Statutes (1991), valid. We agree…1979). The statute originally was worded: "365.16(1) Whoever by means of telephone communication:…communications regardless of the circumstances. Were section 365.16(1)(a) limited to obscene calls to a listener at

Gilbreath v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-12-22T00:00:00-08:00

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

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

Florida Bar v. Helinger

Court: Fla. | Date Filed: 1993-06-17T00:00:00-07:00

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

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

Stoddard v. Wohlfahrt

Court: Fla. Dist. Ct. App. | Date Filed: 1991-02-06T23:53:00-08:00

Citation: 573 So. 2d 1060

Snippet: , the violation of section 365.16, Florida Statutes (1987). Section 365.16 makes it a second-degree misdemeanor…of action from a statutory violation of section 365.16 to one based on an invasion of privacy. This complaint…support his claim, as well as a reference to section 365.16(1)(b) to characterize the harrassing and annoying

Stall v. State

Court: Fla. | Date Filed: 1990-10-11T00:53:00-07:00

Citation: 570 So. 2d 257

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

P.J. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1984-07-25T00:00:00-07:00

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

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1983-07-08T00:53:00-07:00

Snippet: LAW ENFORCEMENT AGENCY WITHIN THE PURVIEW OF s 365.16(4), F.S.? (2) IS A MUNICIPAL POLICE DEPARTMENT…municipal police department. QUESTION ONE Section 365.16, F.S., provides that it is unlawful to use, or …s775.082 or s 775.083, F.S. Subsection (4) of s 365.16 provides that "[e]ach telephone company in…violations of this section." The terms of s 365.16(4) are separate and distinct from, and independent…agencies may therefore be looked to and read with s 365.16 to glean its meaning. Cf., Krause v. Reno,366 So

State v. Elder

Court: Fla. | Date Filed: 1980-04-02T23:53:00-08:00

Citation: 382 So. 2d 687

Snippet: section 365.16(1)(b), Florida Statutes (1977). The issue presented is whether section 365.16(1)(b), which…function is stated in section 365.16 itself. Subsection (5) of section 365.16 provides: "Nothing contained…abuse, threaten or harass her contrary to section 365.16(1)(b), Florida Statutes (1977).[1] Appellee moved…court rejected any limiting construction of section 365.16(1)(b) on the basis that to so limit the statute… that the county court erred in finding section 365.16(1)(b) facially unconstitutional.[2] We begin with

State v. Keaton

Court: Fla. | Date Filed: 1979-05-10T00:53:00-07:00

Citation: 371 So. 2d 86

Snippet: Appellee was charged by information under section 365.16(1)(a), Florida Statutes (1977),[1] with making …. Const. The issue before us is whether section 365.16(1)(a), Florida Statutes (1977), suffers from the…federal constitutions. Appellee argues that section 365.16(1)(a) is not limited to language which is "…chapter 69-25, Laws of Florida, enacted as section 365.16, which reads: "AN ACT relating to obscene,…telephone calls... ." (e.s.) Because section 365.16(1)(a) is directed to conduct obscene phone calls

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

Court: Fla. Dist. Ct. App. | Date Filed: 1979-01-02T23:53:00-08:00

Citation: 366 So. 2d 88

Snippet: receiving harassing telephone calls. Florida Statute 365.16 proscribes the use of a telephone to annoy, abuse

Malone v. Howell

Court: Fla. | Date Filed: 1939-11-17T00:00:00-08:00

Citation: 192 So. 224, 140 Fla. 693, 1939 Fla. LEXIS 1176

Snippet: one's office (23 Wend. [N. Y.] 606; 1 N.Y. 365; 16 N.Y. 439, 442), and is distinguished from virtue

Henry v. Spitler

Court: Fla. | Date Filed: 1914-03-03T00:00:00-08:00

Citation: 67 Fla. 146, 64 So. 745

Snippet: Casualty Association, 135 Wis. 505, 115 N. W. Rep. 365, 16 L. R. A. (N. S.) 177. The authorities upon each