Florida Statute 790.163 - Full Text and Legal Analysis

The 2025 Florida Statutes

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.

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Amendments to 790.163

Annotations, Discussions, Cases:

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

Cases Citing Statute 790.163

Total Results: 16

CCB v. State

828 So. 2d 429

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 1523201

Cited 10 times | Published

BROWNING and POLSTON, JJ., concur. NOTES [1] See § 790.163 Fla. Stat. (2001). [2] While appellant failed

State v. Cordia

564 So. 2d 601, 1990 WL 105518

District Court of Appeal of Florida | Filed: Jul 27, 1990 | Docket: 1689147

Cited 9 times | Published

charged with making a false report of a bomb. § 790.163, Fla. Stat. (1989). At the time of his arrest

AFE v. State

853 So. 2d 1091, 2003 WL 21749053

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1189518

Cited 6 times | Published

charged with being a delinquent for violating section 790.163, Florida Statutes (2001), which forbids the

DB v. State

825 So. 2d 1042, 2002 WL 31039470

District Court of Appeal of Florida | Filed: Sep 13, 2002 | Docket: 1312527

Cited 2 times | Published

all predicated upon an alleged violation of section 790.163, Florida Statutes. Concluding that the appellant's

JL v. State

993 So. 2d 103, 2008 WL 4600987

District Court of Appeal of Florida | Filed: Oct 17, 2008 | Docket: 1168403

Cited 1 times | Published

concerning the placement of a bomb in violation of section 790.163(1), Florida Statutes (2007). He contends that

J.B., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 7, 2020 | Docket: 18512284

Published

appellant with a second degree felony under section 790.163(1), Florida Statutes (2019), which reads, in

L. C. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432694

Published

the use of a firearm in a violent manner. See § 790.163(1), Fla. Stat. (2018). He argues that the trial

STATE OF FLORIDA v. CASEY HANSEN

273 So. 3d 35

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658406

Published

departure. In opposition, the State argued that section 790.163, Florida Statutes, which criminalizes false

In Re: Standard Jury Instructions in Criminal Cases - Report 2016-06 – Corrected Opinion

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684622

Published

the statutory definition of the crime, in section 790.163(1), Florida Statutes (2016), see ch. 2016-156

In Re: Standard Jury Instructions in Criminal Cases—report 2016-06

217 So. 3d 965

Supreme Court of Florida | Filed: Feb 9, 2017 | Docket: 4582773

Published

the statutory definition of the crime, in section 790.163(1), Florida Statutes (2016), see ch. 2016-156

State v. Valerie F. Platt

203 So. 3d 194, 2016 Fla. App. LEXIS 16566

District Court of Appeal of Florida | Filed: Nov 4, 2016 | Docket: 4487373

Published

making a false report of a bomb in violation of section 790.163, Florida Statutes (2015), a second-degree felony

J.L. v. State

993 So. 2d 103, 2008 Fla. App. LEXIS 16099

District Court of Appeal of Florida | Filed: Oct 17, 2008 | Docket: 64856237

Published

concerning the placement of a bomb in violation of section 790.163(1), Florida Statutes (2007). He contends that

A.F.E. v. State

853 So. 2d 1091, 2003 Fla. App. LEXIS 11424

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 64824922

Published

charged with being a delinquent for violating section 790.163, Florida Statutes (2001), which forbids the

C.C.B. v. State

828 So. 2d 429, 2002 Fla. App. LEXIS 14550

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 64818261

Published

REMANDED. BROWNING and POLSTON, JJ., concur. . See § 790.163 Fla. Stat. (2001). . While appellant failed

D.B. v. State

825 So. 2d 1042, 2002 Fla. App. LEXIS 13273

District Court of Appeal of Florida | Filed: Sep 13, 2002 | Docket: 64817384

Published

all predicated upon an alleged violation of section 790.163, Florida Statutes. Concluding that the appellant’s

Britt v. State

687 So. 2d 930, 1997 WL 47636

District Court of Appeal of Florida | Filed: Feb 7, 1997 | Docket: 595737

Published

NOTES [1] § 790.165(2), Fla. Stat. (1995). [2] § 790.163, Fla. Stat. (1995). [3] § 790.164, Fla. Stat