Florida Statute 817.49 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.49

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:

1. Great bodily harm, permanent disfigurement, or permanent disability to any person as a proximate result of lawful conduct arising out of a response, the person making such report commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. Death to any person as a proximate result of lawful conduct arising out of a response, the person making such report commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(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.

History.—s. 1, ch. 59-294; s. 875, ch. 71-136; s. 1, ch. 2021-64.

F.S. 817.49 on Google Scholar

F.S. 817.49 on Casetext

Amendments to 817.49

Arrestable Offenses / Crimes under Fla. Stat. 817.49

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

S817.49 - MAKING FALSE REPORT - RENUMBERED. SEE REC # 9459 - M: F

S817.49 1 - MAKING FALSE REPORT - MAKE FALSE REPORT OF COMMISSION OF CRIME - M: F

S817.49 2b1 - MAKING FALSE REPORT - FALSE REPORT CRIME CAUSE GREAT BODILY HARM - F: T

S817.49 2b2 - MAKING FALSE REPORT - FALSE REPORT CRIME RESULTING IN DEATH - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 817.49

Total Results: 16

JOSE MIGUEL CEBEZ v. DANIEL JUNIOR, etc.

Court: District Court of Appeal of Florida | Date Filed: 2022-03-23

Snippet: reporting the commission of a crime pursuant to section 817.49, Florida Statutes (Count 1); one count of uttering

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-07

Court: Supreme Court of Florida | Date Filed: 2014-07-10

Citation: 143 So. 3d 893, 2014 WL 3361905

Snippet: FALSE REPORTS OF COMMISSIONS OF A CRIME § 817.49, Fla. Stat. To prove the crime of False Reports

C.J.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-01-11

Citation: 76 So. 3d 1139, 2012 Fla. App. LEXIS 182, 2012 WL 75252

Snippet: officer of an alleged crime, in violation of section 817.49, Florida Statutes (2010). The trial court made

D.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-07-05

Citation: 65 So. 3d 123, 2011 Fla. App. LEXIS 10434

Snippet: States Supreme Court.” . See, e.g., Fla. Stat. § 817.49 (2010) ("Whoever willfully ... conveys ... to any

DP v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-07-05

Citation: 65 So. 3d 123, 2011 WL 2652389

Snippet: States Supreme Court." [3] See, e.g., Fla. Stat. § 817.49 (2010) ("Whoever willfully . . . conveys . . .

In Re Standard Jury Inst. in Crim. Cases-Report 2007-01

Court: Supreme Court of Florida | Date Filed: 2007-08-30

Citation: 965 So. 2d 811, 32 Fla. L. Weekly Supp. 530, 2007 Fla. LEXIS 1535, 2007 WL 2438370

Snippet: Commissions of Crime 817.49 21.4 ---------------------------------------------------

Terrell v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-05-02

Citation: 957 So. 2d 683, 2007 WL 1266061

Snippet: to arrest him for filing a false report, see § 817.49, Fla. Stat. (2005). We therefore affirm the judgment

Marshall v. Amerisys, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-11-29

Citation: 943 So. 2d 276, 2006 Fla. App. LEXIS 19944, 2006 WL 3422355

Snippet: committed a negligence per se violation of section 817.49, Florida Statutes, by falsely accusing him of a

State v. Carpenter

Court: District Court of Appeal of Florida | Date Filed: 2005-04-13

Citation: 899 So. 2d 1176, 2005 WL 845775

Snippet: of Commission of a Crime in violation of section 817.49;[4] Count 2 and Count 3 Fabricating Physical

Boland v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-02-18

Citation: 893 So. 2d 683, 2005 WL 382895

Snippet: report of commission of crimes" described in section 817.49, Florida Statutes (2002), asserting that this was

Aurigemma v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-12-12

Citation: 801 So. 2d 982, 2001 WL 1575707

Snippet: that no such crime has actually been committed. § 817.49, Fla. Stat. (1997). Appellant's principal point

MORGAN INTERN. REALTY, INC. v. Dade Underwriters Ins. Agency, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1993-05-04

Citation: 617 So. 2d 455, 1993 Fla. App. LEXIS 4940, 1993 WL 140139

Snippet: violation of a penal statute," specifically, section 817.49, Florida Statutes (1991). That section provides:

Cox v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-12-08

Citation: 443 So. 2d 1013, 1983 Fla. App. LEXIS 24563

Snippet: police officer concerning a crime under section 817.49, Florida Statutes (1975), because the acts constituting

Flowers v. State

Court: Supreme Court of Florida | Date Filed: 1978-07-27

Citation: 363 So. 2d 1076, 1978 Fla. LEXIS 4883

Snippet: the commission of a crime in violation of Section 817.49, Florida Statutes. During proceedings in the trial

Silvestri v. State

Court: District Court of Appeal of Florida | Date Filed: 1976-05-14

Citation: 332 So. 2d 351

Snippet: attempted making a false report of a crime. F.S. § 817.49 the violation of which the defendant was charged

Leppig v. Green

Court: District Court of Appeal of Florida | Date Filed: 1967-08-15

Citation: 201 So. 2d 803

Snippet: two separate informations with violations of §§ 817.49 and 839.13, Fla.Stat., F.S.A. While under prosecution