Florida Statutes
Fla. Stat. § 817.49 (2025)
False reports of commission of crimes; penalty.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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817.49 False reports of commission of crimes; penalty.—
(1) Except as provided in subsection (2), whoever willfully imparts, conveys, or causes to be imparted or conveyed to a law enforcement officer or employee of a public safety agency false information or reports concerning the alleged commission of any crime under the laws of this state, knowing such information or report to be false, when no such crime has actually been committed, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2)(a) As used in this section, the term “public safety agency” means a law enforcement agency, professional or volunteer fire department, emergency medical service, ambulance service, or other public entity that dispatches or provides first responder services to respond to crimes, to assist victims of crimes, or to apprehend offenders.
(b) If the willful making of a false report of a crime as set forth in this section results in a response by a federal, state, district, municipal, or other public safety agency and the response results in:
(3) A court shall order any person convicted of violating this section to pay restitution, which shall include full payment for any cost incurred by a responding public safety agency.
(4) The Legislature finds that the false reporting of crimes is a threat to public safety and a threat to the safety of law enforcement officers and other first responders. As such, the Legislature encourages each state attorney to adopt a pro-prosecution policy for the false reporting of crimes as prohibited in this section.
Arrestable Offenses under F.S. 817.49
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§817.49(1)MAKING FALSE REPORTMAKE FALSE REPORT OF COMMISSION OF CRIME
§817.49MAKING FALSE REPORTRENUMBERED. SEE REC # 9459
§817.49(2b1)MAKING FALSE REPORTFALSE REPORT CRIME CAUSE GREAT BODILY HARM
§817.49(2b2)MAKING FALSE REPORTFALSE REPORT CRIME RESULTING IN DEATH
Notes of Decisions
Cited in 24
cases (1 in the last 5 years), 1967–2022 · leading case: Boland v. State, 893 So. 2d 683 (Fla. 2d DCA 2005).
Boland v. State, 893 So. 2d 683 (Fla. 2d DCA 2005). “Boland requested that the court instruct the jury on the misdemeanor offense of "false report of commission of crimes" described in section 817.49, Florida Statutes (2002), asserting that this was a lesser-included offense of the offense described in section 837.”
Florida v. JL, 529 U.S. 266 (2000). “2000); Fla. Stat. § 817.49 (1994), and the ability of the police to trace the identity of anonymous telephone informants may be a factor which lends reliability to what, years earlier, might have been considered unreliable anonymous tips.”
MORGAN INTERN. REALTY, INC. v. Dade Underwriters Ins. Agency, Inc., 617 So. 2d 455 (Fla. 3d DCA 1993). “See § 817.49, Fla. Stat. (1991). Nor was any additional evidence presented to the trial judge in the instant action from which she could have concluded that a violation of *459 a penal statute had occurred.”
Larry D. Butler v. Sheriff of Palm Beach Cnty., 685 F.3d 1261 (11th Cir. 2012). “The allegations are that Collier warned Butler that if he reported what had happened she would, in effect, lie about it in a report of her own or file charges against Butler for trespassing on her property.”
Silvestri v. State, 332 So. 2d 351 (Fla. 4th DCA 1976). “F.S. § 817.49 the violation of which the defendant was charged in Count III of the information, provides that "Whoever willfully imparts, conveys or causes to be imparted or conveyed to any law enforcement officer false .”
Marshall v. Amerisys, Inc., 943 So. 2d 276 (Fla. 3d DCA 2006). “Wilson's alleged misconduct, and asserted that Amerisys (1) committed a negligence per se violation of section 817.49, Florida Statutes, by falsely accusing him of a crime; (2) committed defamation by falsely accusing him of a crime; (3) committed libel per se by writing e-mails…”
United States v. Toddrey Willie Bruce, 977 F.3d 1112 (11th Cir. 2020). “at 400; Fla. Stat. § 817.49 . That does not necessarily mean that every 911 caller is telling the truth—we assume that some do not.”
Florida v. J. L., 529 U.S. 266 (2000). “2000); Fla. Stat. § 817.49 (1994), and the ability of the police to trace the identity of anonymous telephone informants may be a factor which lends reliability to what, years earlier, might have been considered unreliable anonymous tips.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). “(Defendant) willfully [gave or said-provided-]-[caused to be -given- or-saidprovided] false information or a report about the alleged commission of a crime under Florida law to (name of law enforcement officer).”
State v. Carpenter, 899 So. 2d 1176 (Fla. 3d DCA 2005). “The State then filed a second Amended Information, charging the defendant with: Count 1 False Report of Commission of a Crime in violation of section 817.49; [4] Count 2 and Count 3 Fabricating Physical Evidence in violation of section 918.”
Doe v. Supreme Court of Florida, 734 F. Supp. 981 (S.D. Fla. 1990). “Section 817.49 provides: Whoever willfully imparts, conveys or causes to be imparted or conveyed to any law enforcement officer false information or reports concerning the alleged commission of any crime under the laws of this state, knowing such information or report to be…”
Cox v. State, 443 So. 2d 1013 (Fla. 5th DCA 1983). “§ 817.49, Fla.Stat. (1981). . § 817.234, Fla.”
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