Florida Statute 790.164 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.164

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.

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F.S. 790.164 on Casetext

Amendments to 790.164

Arrestable Offenses / Crimes under Fla. Stat. 790.164

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

S790.164 1 - THREAT TO BOMB - FALSE REPT BOMB ARSON WPN MASS DEST PUBL PROP - F: S

S790.164 1 - FRAUD - FALSE REP USE FIREARMS VIOL MNR AGAINST PERSON - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 790.164

Total Results: 5

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

Court: Fla. | Date Filed: 2017-04-13T00:53:00-07:00

Snippet: statutory definition of the crime, in section 790.164, Florida Statutes (2016), see ch. 2016-156, § 2…10.10, consistent with sections 790.163(3) and 790.164(3), respectively, and upon review of the comments…POLITICAL SUBDIVISION] § 790.164(1), Fla. Stat. To prove the crime of False… - 10 - § 790.164(3), Fla. Stat. Proof that a person knowingly…THE STATE STATE-OWNED PROPERTY — 790.164(1) CATEGORY ONE CATEGORY TWO FLA. STAT

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

Court: Fla. | Date Filed: 2017-02-09T00:00:00-08:00

Citation: 217 So. 3d 965

Snippet: statutory definition of the crime, in section 790.164, Florida Statutes (2016), see ch. 2016-156, § 2…10.10, consistent with sections 790.163(3) and 790.164(3), respectively, and upon review of the comments…THE STATE [OR ANY POLITICAL SUBDIVISION] § 790.164(1), Fla. Stat. To prove the crime of False…Comments * Although the crime set forth in § 790.164(1), Fla. Stat,, includes language covering a false

Standard Jury Instructions

Court: Fla. | Date Filed: 1998-07-16T00:53:00-07:00

Citation: 723 So. 2d 123

Snippet: None bombing 790.164 False reports of None

Britt v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-06T23:53:00-08:00

Citation: 687 So. 2d 930

Snippet: 1995). [2] § 790.163, Fla. Stat. (1995). [3] § 790.164, Fla. Stat. (1995). [4] § 790.161, Fla. Stat.

Robinson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1989-11-01T23:53:00-08:00

Citation: 550 So. 2d 1186

Snippet: might amount to a prima facie violation of section 790.164,[1] and assuming, arguendo, that Officer Cerny&