Florida Statute 817.49 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

View Entire Chapter

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.

(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.

History.—s. 1, ch. 59-294; s. 875, ch. 71-136; s. 1, ch. 2021-64; s. 5, ch. 2025-176.

F.S. 817.49 on Google Scholar

F.S. 817.49 on CourtListener

Amendments to 817.49

Annotations, Discussions, Cases:

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

Cases Citing Statute 817.49

Total Results: 23

Larry D. Butler v. Sheriff of Palm Beach County

685 F.3d 1261, 2012 WL 2602021, 2012 U.S. App. LEXIS 13844

Court of Appeals for the Eleventh Circuit | Filed: Jul 6, 2012 | Docket: 877156

Cited 186 times | Published

against another person. Cf. Fla. Stat. § 817.49 (providing that it is a misdemeanor to convey

United States v. Oliver L. Gibson

64 F.3d 617, 1995 WL 519154

Court of Appeals for the Eleventh Circuit | Filed: Sep 19, 1995 | Docket: 600292

Cited 38 times | Published

(West 1995) (false “911” calls); Id. § 817.49 (false reports of commission of crimes to law

Silvestri v. State

332 So. 2d 351

District Court of Appeal of Florida | Filed: May 14, 1976 | Docket: 1691863

Cited 25 times | Published

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

State v. Carpenter

899 So. 2d 1176, 2005 WL 845775

District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 1705672

Cited 12 times | Published

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

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

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

District Court of Appeal of Florida | Filed: May 4, 1993 | Docket: 231821

Cited 11 times | Published

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

Doe v. Supreme Court of Florida

734 F. Supp. 981, 1990 U.S. Dist. LEXIS 2988, 1990 WL 26974

District Court, S.D. Florida | Filed: Mar 13, 1990 | Docket: 1619076

Cited 9 times | Published

was not material is not a defense. Fla.Stat. Section 817.49 provides: Whoever willfully imparts, conveys

Boland v. State

893 So. 2d 683, 2005 WL 382895

District Court of Appeal of Florida | Filed: Feb 18, 2005 | Docket: 1720625

Cited 8 times | Published

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

Marshall v. Amerisys, Inc.

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

District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 2549214

Cited 4 times | Published

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

DP v. State

65 So. 3d 123, 2011 WL 2652389

District Court of Appeal of Florida | Filed: Jul 5, 2011 | Docket: 2364210

Cited 2 times | Published

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

D.P. v. State

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

District Court of Appeal of Florida | Filed: Jul 5, 2011 | Docket: 60301664

Cited 2 times | Published

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

Terrell v. State

957 So. 2d 683, 2007 WL 1266061

District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 1498849

Cited 1 times | Published

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

Aurigemma v. State

801 So. 2d 982, 2001 WL 1575707

District Court of Appeal of Florida | Filed: Dec 12, 2001 | Docket: 1495127

Cited 1 times | Published

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

United States v. Gibson

60 F.3d 1514, 1995 WL 443903

Court of Appeals for the Eleventh Circuit | Filed: Aug 11, 1995 | Docket: 1408318

Cited 1 times | Published

(false "911" calls); Id. § 817.49 (false reports of commission of crimes to law

Samuel Scott, Jr. v. City of Miami

Court of Appeals for the Eleventh Circuit | Filed: Jun 11, 2025 | Docket: 67993072

Published

Argued: Dec 12, 2024

061(1), falsely reporting a crime, id. § 817.49, carrying a firearm without a license

JOSE MIGUEL CEBEZ v. DANIEL JUNIOR, etc.

District Court of Appeal of Florida | Filed: Mar 23, 2022 | Docket: 63180097

Published

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

United States v. Toddrey Willie Bruce

Court of Appeals for the Eleventh Circuit | Filed: Oct 8, 2020 | Docket: 18521112

Published

of 25 false tip. See id. at 400; Fla. Stat. § 817.49. That does not necessarily mean that every 911

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

143 So. 3d 893, 2014 WL 3361905

Supreme Court of Florida | Filed: Jul 10, 2014 | Docket: 400982

Published

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

Larry D. Butler v. Sheriff of Palm Beach County

Court of Appeals for the Eleventh Circuit | Filed: Jul 6, 2012 | Docket: 2904397

Published

charges against another person. Cf. Fla. Stat. § 817.49 (providing that it is a misdemeanor to convey

C.J.T. v. State

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

District Court of Appeal of Florida | Filed: Jan 11, 2012 | Docket: 60304197

Published

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

Byford v. Stephens

299 F. Supp. 2d 1253, 2003 U.S. Dist. LEXIS 24100, 2003 WL 23191031

District Court, S.D. Florida | Filed: Nov 7, 2003 | Docket: 2476337

Published

falsely reporting a crime. See Fla. Stat. Ann. § 817.49 (2000)"); see also Lee, 284 F.3d at 1195-96. Under

United States v. Gibson

60 F.3d 1514

Court of Appeals for the Eleventh Circuit | Filed: Aug 11, 1995 | Docket: 418771

Published

(West 1995) (false "911" calls); Id. § 817.49 (false reports of commission of crimes to law

Cox v. State

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

District Court of Appeal of Florida | Filed: Dec 8, 1983 | Docket: 64602140

Published

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

Flowers v. State

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

Supreme Court of Florida | Filed: Jul 27, 1978 | Docket: 64566845

Published

reporting the commission of a crime in violation of Section 817.49, Florida Statutes. During proceedings in the