Florida Statutes

Fla. Stat. § 837.05 (2025)

False reports to law enforcement authorities.

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837.05 False reports to law enforcement authorities.—

(1)(a) Except as provided in paragraph (b) or subsection (2), a person who knowingly gives false information to a law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A person who commits a violation of paragraph (a) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person has previously been convicted of a violation of paragraph (a) and subparagraph 1. or subparagraph 2. applies:

1. The information the person gave to the law enforcement officer was communicated orally and the officer’s account of that information is corroborated by:

a. An audio recording or audio recording in a video of that information;

b. A written or recorded statement made by the person who gave that information; or

c. Another person who was present when that person gave that information to the officer and heard that information.

2. The information the person gave to the law enforcement officer was communicated in writing.

(2) A person who knowingly gives false information to a law enforcement officer concerning the alleged commission of a capital felony, commits a felony of the third 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:

(a) The costs of prosecution and investigation under s. 938.27.

(b) Restitution to any victim who suffers damage or injury as a proximate result of lawful conduct arising out of a law enforcement response.

History.—s. 57, ch. 74-383; s. 34, ch. 75-298; s. 206, ch. 91-224; s. 5, ch. 97-90; s. 1, ch. 2013-117; s. 2, ch. 2025-60.

Arrestable Offenses under F.S. 837.05

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§837.05(1)MAKING FALSE REPORTRENUMBERED. SEE REC #S 7522 AND 7523M · 1st

§837.05(2)MAKING FALSE REPORTFALSE INFO TO LEO RE CAPITAL FELONYF · 3rd

§837.05(1a)MAKING FALSE REPORTKNOWINGLY GIVE FALSE INFO TO LEO ALLGD CRIMEM · 1st

§837.05(1b)MAKING FALSE REPORTKNOW GIVE FALSE INFOR TO LEO ALLGD CRIME SUBSQF · 3rd

Notes of Decisions

Cited in 19 cases (3 in the last 5 years), 1978–2026 · leading case: Boland v. State, 893 So. 2d 683 (Fla. 2d DCA 2005).

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Boland v. State, 893 So. 2d 683 (Fla. 2d DCA 2005). · cites it 19× “Prior to 1997, section 837.05 contained only one subsection, which was similar to the current subsection 837.”

Beizer v. Judge, 743 So. 2d 134 (Fla. 4th DCA 1999). · cites it 5× “After this meeting, Judge filed a probable cause affidavit against Beizer, setting forth the facts recited above and listing the charge as "false report to a police officer," citing section 837.05, Florida Statutes (1995). He explained that Beizer led him to believe that he was…”

Johnson v. State, 542 A.2d 429 (Md. Ct. Spec. App. 1988). · cites it 2× “5 (West 1988); Fla. Stat. Ann. § 837.05 (West 1976, 1987 Cum.”

In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). · cites it 4× “- “Law enforcement officer” is not defined in chapter 837, Florida Statutes, or in case law interpreting and applying section 837.05. Trial judges may consult sections 790.”

State of Florida v. Chester Ralph Kwitowski, Jr., 250 So. 3d 210 (Fla. 2d DCA 2018). · cites it 2× “2d DCA 2005) (assuming that section 837.05(2), Florida Statutes (2002), which criminalizes reporting false information "concerning the alleged commission of a capital felony," applied to reports of sexual battery on children under twelve because "[i]f the reports had been…”

Johnson v. State, 361 So. 2d 767 (Fla. 3d DCA 1978). · cites it 2× “The crime of knowingly giving false information to any law enforcement officer, Section 837.05, Florida Statutes (1975), is found in the perjury chapter.”

State v. Witte, 451 So. 2d 950 (Fla. 3d DCA 1984). · cites it 2× “It would be anomalous indeed to conclude that the Legislature intended that a false sworn statement concerning the alleged commission of a crime be punished to the same degree as the giving of unsworn false information to a law enforcement officer concerning the alleged…”

In Re Stand. Jury Inst. in Crim. Cases-Report 2007-01, 965 So. 2d 811 (Fla. 2007). · cites it 4× “5 GIVING FALSE INFORMATION CONCERNING THE COMMISSION OF A CRIME § 837.05(1), Fla. Stat. To prove the crime of Giving False Information Concerning the Commission of a Crime, the State must prove the following five elements beyond a reasonable doubt: 1.”

Benoit v. City of Lake City, 343 F. Supp. 3d 1219 (M.D. Fla. 2018). “The State Attorney's Office also charged Melissa with filing a false police report in violation of Florida Statute section 837.05. See Nydam Aff. ¶ 7. Melissa pled guilty to this charge.”

Barlow v. State, 171 So. 3d 777 (Fla. 2d DCA 2015). · cites it 2× “This incident was the basis for the two misdemeanor charges, giving a false report to a law enforcement officer, § 837.05(1), Fla. Stat. (2013), and obstructing a law enforcement officer without violence, § 843.”

Ware v. State, 111 So. 3d 257 (Fla. 1st DCA 2013). · cites it 2× “012, Florida Statutes, misdemeanor perjury when not in an official proceeding; or section 837.05, Florida Statutes, misdemeanor false reports to law enforcement authorities.”

Wallace v. State, 964 So. 2d 722 (Fla. 2d DCA 2007). · cites it 2× “Ike-Onyechi’s information proved to be false, he may have been subject to a charge of making a false report under section 837.05(1), Florida Statutes (2001).”

Show all 19 citing cases →

— 837.05(1) — 5 cases

Boland v. State, 893 So. 2d 683 (Fla. 2d DCA 2005). “Prior to 1997, section 837.05 contained only one subsection, which was similar to the current subsection 837.”

In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). “- “Law enforcement officer” is not defined in chapter 837, Florida Statutes, or in case law interpreting and applying section 837.05. Trial judges may consult sections 790.”

Barlow v. State, 171 So. 3d 777 (Fla. 2d DCA 2015). “This incident was the basis for the two misdemeanor charges, giving a false report to a law enforcement officer, § 837.05(1), Fla. Stat. (2013), and obstructing a law enforcement officer without violence, § 843.”

Wallace v. State, 964 So. 2d 722 (Fla. 2d DCA 2007). “Ike-Onyechi’s information proved to be false, he may have been subject to a charge of making a false report under section 837.05(1), Florida Statutes (2001).”

In Re Stand. Jury Inst. in Crim. Cases-Report 2007-01, 965 So. 2d 811 (Fla. 2007). “5 GIVING FALSE INFORMATION CONCERNING THE COMMISSION OF A CRIME § 837.05(1), Fla. Stat. To prove the crime of Giving False Information Concerning the Commission of a Crime, the State must prove the following five elements beyond a reasonable doubt: 1.”

— 837.05(2) — 4 cases

Boland v. State, 893 So. 2d 683 (Fla. 2d DCA 2005). “Prior to 1997, section 837.05 contained only one subsection, which was similar to the current subsection 837.”

State of Florida v. Chester Ralph Kwitowski, Jr., 250 So. 3d 210 (Fla. 2d DCA 2018). “2d DCA 2005) (assuming that section 837.05(2), Florida Statutes (2002), which criminalizes reporting false information "concerning the alleged commission of a capital felony," applied to reports of sexual battery on children under twelve because "[i]f the reports had been…”

State of Florida v. Johnny Wesley (Fla. 6th DCA 2026).

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