The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.163

790.163 False report concerning planting a bomb, an explosive, or a weapon of mass destruction, or concerning the use of firearms in a violent manner; penalty.—

(1) It is unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction as defined in s. 790.166, or concerning the use of firearms in a violent manner against a person or persons. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Notwithstanding any other law, adjudication of guilt or imposition of sentence for a violation of this section may not be suspended, deferred, or withheld. However, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals.

(3) Proof that a person accused of violating this section knowingly made a false report is prima facie evidence of the accused person’s intent to deceive, mislead, or otherwise misinform any person.

(4) In addition to any other penalty provided by law with respect to any person who is convicted of a violation of this section that resulted in the mobilization or action of any law enforcement officer or any state or local agency, a person convicted of a violation of this section may be required by the court to pay restitution for all of the costs and damages arising from the criminal conduct.

History.—s. 3, ch. 59-29; s. 749, ch. 71-136; s. 1, ch. 2002-28; s. 1, ch. 2016-156.

F.S. 790.163 on Google Scholar

F.S. 790.163 on Casetext

Amendments to 790.163

Arrestable Offenses / Crimes under Fla. Stat. 790.163

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

S790.163 - THREAT TO BOMB - REMOVED - F: S

S790.163 1 - THREAT TO BOMB - FALSE REPORT BOMB EXPLOSIVE WPN MASS DEST - F: S

S790.163 1 - FRAUD - FALSE REPORT USE FIREARMS IN A VIOLENT MANNER - F: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. HANSEN,, 273 So. 3d 35 (Fla. App. Ct. 2019)

. . . In opposition, the State argued that section 790.163, Florida Statutes, which criminalizes false reporting . . . Section 790.163(1), Florida Statutes (2015) defines the crime of making a false report "concerning the . . . The State maintains that section 790.163(2) represents an exception to the law giving the trial court . . . Additionally, although section 790.163 was initially enacted in 1959, as compared to section 921.0026 . . . , the downward departure statute, which went into effect in 1998, subsection 2 of section 790.163 was . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 217 So. 3d 965 (Fla. 2017)

. . . 10.9, amended in light of the 2016 amendments to the statutory definition of the crime, in section 790.163 . . . In both instructions 10.9 and 10.10, consistent with sections 790.163(3) and 790.164(3), respectively . . . EXPLOSIVE, OR A WEAPON OF MASS DESTRUCTION] [USE OF FIREARMS IN A VIOLENT MANNER AGAINST A PERSON] § 790.163 . . . report was made with intent to deceive, mislead or otherwise misinform (person—alleged-)—any person. § 790.163 . . .

STATE v. PLATT,, 203 So. 3d 194 (Fla. Dist. Ct. App. 2016)

. . . imposed against Valerie Platt for the crime of making a false report of a bomb in violation of section 790.163 . . . not properly addressed by the State in this appeal, on remand, we direct the trial court to section 790.163 . . .

J. L. a v. STATE, 993 So. 2d 103 (Fla. Dist. Ct. App. 2008)

. . . being found guilty of making a false report concerning the placement of a bomb in violation of section 790.163 . . . Section 790.163(1) provides: It is unlawful for any person to make a false report, with intent to deceive . . .

A. F. E. a v. STATE, 853 So. 2d 1091 (Fla. Dist. Ct. App. 2003)

. . . He was charged with being a delinquent for violating section 790.163, Florida Statutes (2001), which . . .

C. C. B. a v. STATE, 828 So. 2d 429 (Fla. Dist. Ct. App. 2002)

. . . See § 790.163 Fla. Stat. (2001). . . . .

D. B. A v. STATE, 825 So. 2d 1042 (Fla. Dist. Ct. App. 2002)

. . . The adjudication and revocations were all predicated upon an alleged violation of section 790.163, Florida . . . Section 790.163 provides: It is unlawful for any person to make a false report, with intent to deceive . . .

BRITT, v. STATE, 687 So. 2d 930 (Fla. Dist. Ct. App. 1997)

. . . . § 790.163, Fla. Stat. (1995). . § 790.164, Fla. Stat. (1995). . § 790.161, Fla. Stat. (1995). . . .

STATE v. CORDIA,, 564 So. 2d 601 (Fla. Dist. Ct. App. 1990)

. . . . § 790.163, Fla.Stat. (1989). . . .

GRIZZARD, v. STATE, 139 So. 2d 161 (Fla. Dist. Ct. App. 1962)

. . . was tried by a jury and convicted of making a false bomb report contrary to the provisions of Sec. 790.163 . . . Sec. 790.163, Fla.Stat., F.S.A., was enacted into law by the 1959 Florida Legislature. . . . Neither of the parties to this appeal has cited us a case decided under Sec. 790.163, supra, and our . . .