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: Fla. Dist. Ct. App. | Date Filed: 2022-03-23T00:53:00-07:00

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: Fla. | Date Filed: 2014-07-10T00:00:00-07:00

Citation: 143 So. 3d 893

Snippet: FALSE REPORTS OF COMMISSIONS OF A CRIME § 817.49, Fla. Stat. To prove the crime of False Reports…or in case law interpreting and applying section 817.49. Trial judges may consult sections 790.001, 934.02

C.J.T. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-11T00:00:00-08:00

Citation: 76 So. 3d 1139

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

DP v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-05T00:53:00-07:00

Citation: 65 So. 3d 123

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

D.P. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-05T00:00:00-07:00

Citation: 65 So. 3d 123

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

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

Court: Fla. | Date Filed: 2007-08-30T00:53:00-07:00

Citation: 965 So. 2d 811

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

Terrell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-02T00:53:00-07:00

Citation: 957 So. 2d 683

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: Fla. Dist. Ct. App. | Date Filed: 2006-11-28T23:53:00-08:00

Citation: 943 So. 2d 276

Snippet: committed a negligence per se violation of section 817.49, Florida Statutes, by falsely accusing him of a…theories of a negligence per se violation of section 817.49, Florida Statutes, defamation, and libel, as the

State v. Carpenter

Court: Fla. Dist. Ct. App. | Date Filed: 2005-04-13T00:00:00-07:00

Citation: 899 So. 2d 1176

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

Boland v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-17T23:53:00-08:00

Citation: 893 So. 2d 683

Snippet: commission of crimes" described in section 817.49, Florida Statutes (2002), asserting that this was…virtually identical to the offense defined in section 817.49. That offense, which is included in the chapter…offenses described in section 837.05(1) and section 817.49 is that the latter would appear to permit a conviction…first-degree misdemeanors described in sections 817.49 and 837.05(1) are necessarily lesser-included offenses… information or report to be false," see § 817.49. Failure to give a requested instruction on a category

Aurigemma v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-12-11T23:53:00-08:00

Citation: 801 So. 2d 982

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: Fla. Dist. Ct. App. | Date Filed: 1993-05-04T00:53:00-07:00

Citation: 617 So. 2d 455

Snippet: of a penal statute," specifically, section 817.49, Florida Statutes (1991). That section provides…concerning, or references to, a violation of section 817.49. Since the complaint alleged facts which could …conclusion that the insureds willfully violated section 817.49. The absence of probable cause in bringing a criminal…information to a law enforcement officer. See § 817.49, Fla. Stat. (1991). Nor was any additional evidence

Cox v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1983-12-08T00:00:00-08:00

Citation: 443 So. 2d 1013

Snippet: police officer concerning a crime under section 817.49, Florida Statutes (1975), because the acts constituting…insurance company. Even more clearly than section 817.49, Florida Statutes (1981), section 817.234 encompasses…. ORFINGER, C.J., and DAUKSCH, J., concur. . § 817.49, Fla.Stat. (1981). . § 817.234, Fla.Stat. (1981

Flowers v. State

Court: Fla. | Date Filed: 1978-07-27T00:00:00-07:00

Citation: 363 So. 2d 1076

Snippet: the commission of a crime in violation of Section 817.49, Florida Statutes. During proceedings in the trial…concur. SUNDBERG, J., concurs in result only. 817.49 False reports of commission of crimes; penalty.

Silvestri v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1976-05-14T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1967-08-15T00:00:00-07:00

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