Florida Statutes
Fla. Stat. § 790.164 (2025)
False reports concerning planting a bomb, explosive, or weapon of mass destruction in, or committing arson against, state-owned property, or concerning the use of firearms in a violent manner; penalty; reward.
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790.164 False reports concerning planting a bomb, explosive, or weapon of mass destruction in, or committing arson against, state-owned property, or concerning the use of firearms in a violent manner; penalty; reward.—
(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, concerning any act of arson or other violence to property owned by the state or any political subdivision, 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)(a) There shall be a $5,000 reward for the giving of information to any law enforcement agency in the state, which information leads to the arrest and conviction of any person violating the provisions of this section. Any person claiming such reward shall apply to the law enforcement agency developing the case and be paid by the Department of Law Enforcement from the deficiency fund.
(b) There shall be only one reward given for each case, regardless of how many persons are arrested and convicted in connection with the case and regardless of how many persons submit claims for the reward.
(c) The Department of Law Enforcement shall establish procedures to be used by all reward applicants, and the circuit judge in whose jurisdiction the action occurs shall review all such applications and make final determination as to those applicants entitled to receive an award.
(d) 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.—ss. 2, 2A, ch. 71-306; s. 1, ch. 76-146; s. 236, ch. 77-104; s. 25, ch. 79-8; s. 2, ch. 2002-28; s. 2, ch. 2016-156.
Arrestable Offenses under F.S. 790.164
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§790.164(1)THREAT TO BOMBFALSE REPT BOMB ARSON WPN MASS DEST PUBL PROP
§790.164(1)FRAUDFALSE REP USE FIREARMS VIOL MNR AGAINST PERSON
Notes of Decisions
Cited in 4
cases, 1989–2017 · leading case: In Re: Stand. Jury Instructions in Crim. Cases—report 2016-06, 217 So. 3d 965 (Fla. 2017).
In Re: Stand. Jury Instructions in Crim. Cases—report 2016-06, 217 So. 3d 965 (Fla. 2017). “10, also amended in light of the 2016 amendments to the statutory definition of the crime, in section 790.164, Florida Statutes (2016), see ch.”
Britt v. State, 687 So. 2d 930 (Fla. 5th DCA 1997). “[3] § 790.164, Fla. Stat. (1995). [4] § 790.161, Fla.”
Robinson v. State, 550 So. 2d 1186 (Fla. 5th DCA 1989). “While the appellant's bomb threat might amount to a prima facie violation of section 790.164, [1] and assuming, arguendo, that Officer Cerny's voice identification of the appellant was accurate, nothing in the defendant's behavior pointed to the possibility of future criminal…”
In Re: Stand. Jury Instructions in Crim. Cases - Report 2016-06 – Corrected Opinion (Fla. 2017). “10, also amended in light of the 2016 amendments to the statutory definition of the crime, in section 790.164, Florida Statutes (2016), see ch.”
— 790.164(1) — 2 cases
In Re: Stand. Jury Instructions in Crim. Cases—report 2016-06, 217 So. 3d 965 (Fla. 2017). “10, also amended in light of the 2016 amendments to the statutory definition of the crime, in section 790.164, Florida Statutes (2016), see ch.”
In Re: Stand. Jury Instructions in Crim. Cases - Report 2016-06 – Corrected Opinion (Fla. 2017). “10, also amended in light of the 2016 amendments to the statutory definition of the crime, in section 790.164, Florida Statutes (2016), see ch.”
— 790.164(3) — 1 case
In Re: Stand. Jury Instructions in Crim. Cases - Report 2016-06 – Corrected Opinion (Fla. 2017). “10, also amended in light of the 2016 amendments to the statutory definition of the crime, in section 790.164, Florida Statutes (2016), see ch.”
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