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Florida Statute 837.055 | Lawyer Caselaw & Research
F.S. 837.055 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 837.055

The 2023 Florida Statutes

Title XLVI
CRIMES
Chapter 837
PERJURY
View Entire Chapter
F.S. 837.055
837.055 False information to law enforcement during investigation.—
(1) Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation involving a child 16 years of age or younger with the intent to mislead the officer or impede the investigation, and the child who is the subject of the investigation suffers great bodily harm, permanent disability, permanent disfigurement, or death, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 2006-142; s. 1, ch. 2012-53.

F.S. 837.055 on Google Scholar

F.S. 837.055 on Casetext

Amendments to 837.055


Arrestable Offenses / Crimes under Fla. Stat. 837.055
Level: Degree
Misdemeanor/Felony: First/Second/Third

S837.055 - OBSTRUCT CRIMINAL INVEST - FALSE INFO TO LEO RE MISSING PERSON OR FELONY - M: F
S837.055 1 - OBSTRUCT CRIMINAL INVEST - FALSE INFO TO LEO RE MISSING PERSON OR FELONY - M: F
S837.055 2 - OBSTRUCT CRIMINAL INVEST - FALSE INFO TO LEO RE MISSING PERSON LT 16 YOA - F: T

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Marchione v. Nocco

    8:20-cv-2995-KKM-SPF (M.D. Fla. Sep. 16, 2021)
    The Court takes each section of chapter 837 in turn. Sections 837.012, 837.02, and 837.05 require that the false statements be made under oath. Marchione does not allege that the Defendants made any statements under oath. Sections 837.05 and 837.055 require that false information be given to a law enforcement officer and relate to an alleged commission of a crime, a felony investigation, or a missing person investigation. Marchione does not allege that the Defendants gave any false information related to the commission of a crime or missing person investigation. He alleges that his wife was arrested and was suspected of a crime and that investigators from the Sheriffs Office asked Marchione's neighbors if Marchione was still in a relationship with his wife. (Doc. 16 at ¶if 27, 33.) He alleges the Internal Affairs Complaints against him were baseless, (see, e.g., Id. at ¶ 23), but makes no allegation that the Defendants gave false information about his wife's alleged criminal activity. These five sections are unavailable to Marchione.
    PAGE 20

  2. Lape v. Nocco

    8:20-cv-2996-KKM-SPF (M.D. Fla. Sep. 13, 2021)
    The Court takes each section of chapter 837 in turn. Sections 837.012, 837.02, and 837.05 require that the false statements be made under oath. Lape has not alleged that the Defendants made any statements under oath. Sections 837.05 and 837.055 require that false information be given to a law enforcement officer and relate to an alleged commission of a crime, a felony investigation, or a missing person investigation. Lape has not alleged that the Defendants gave any false information related to the commission of a crime or missing person investigation. Is it a crime to not recommend a deputy for an award, (Doc. 19 at ¶ 29), to curse at a coworker, (id. at ¶ 30), or to intervene in an assault between a deputy and a prisoner, (id. at ¶ 33)? The Court doubts these are indictable as crimes and Lape does not allege these acts constitute crimes. These five sections are unavailable to Lape.
    PAGE 14

  3. Gibson v. Nocco

    8:20-cv-2992-KKM-SPF (M.D. Fla. Sep. 3, 2021)
    Gibson alleges the "conduct described in the General Allegations . . . shows that the Defendants . . . violated Fla. Stat. § 837." (Doc. 15 at ¶ 41.) There are six sections within chapter 837 of the Florida Statutes which proscribe different forms of perjury, but Gibson does not specify which section he alleges that the Defendants violated. Sections 837.012, 837.02, and 837.05 require that the false statements be made under oath. Sections 837.05 and 837.055 require that false information be given to a law enforcement officer and relate to an alleged commission of a crime, a felony investigation, or a missing person investigation. Gibson has not alleged that the Defendants made any statements under oath nor that any false information given relates to the commission of a crime or missing person investigation. These five sections are immediately unavailable to Gibson.
    PAGE 22

  4. In re Standard Jury Instructions in Criminal Cases

    267 So. 3d 980 (Fla. 2019)   Cited 2 times
    CATEGORY CATEGORY FLA. STAT. INS. NO. ONE TWO Knowingly Giving 837.055(1) 21.15 False Information Concerning a Missing Person Investigation Knowingly Giving 837.055(1) 21.15 False Information Concerning a Felony Criminal Investigation Attempt 777.04(1) 5.1
    PAGE 987

  5. Melvin v. State

    246 So. 3d 424 (Fla. Dist. Ct. App. 2018)
    § 837.055(2), Fla. Stat. (2013).
    PAGE 426

  6. In re Standard Jury Instructions in Criminal Cases—Report 2016-12

    216 So. 3d 1281 (Fla. 2017)
    FALSE INFORMATION TO LAW ENFORCEMENT — 837.055(1) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Attempt 777.04(1) 5.1
    PAGE 1283

  7. In re Standard Jury Instructions in Criminal Cases—Report No. 2016-08

    211 So. 3d 995 (Fla. 2017)   Cited 1 times

    was amended in 1985 , 1998 , 2014 , 2015 , and 2017. 18.3 FALSE INFORMATION TO LAW ENFORCEMENT § 837.055 Fla. Stat. To prove the crime of False Information to Law Enforcement, the State must prove the following

  8. Eh v. City of Miramar

    111 F. Supp. 3d 1307 (S.D. Fla. 2015)   Cited 1 times
    Defendants object to Plaintiffs' use of the recorded statements of the Officers and the third party witnesses, Mr. Dustin Nicol and Ms. Tomisha Banks, taken and transcribed by Miramar Police Department Officers investigating this incident. The undersigned finds that these witnesses were sworn prior to giving their statements. 117.10 Fla. Stat. (law enforcement officers are authorized to administer oaths when engaged in the performance of their official duties). Additionally, 837.055 Fla. Stat. states that providing false information to a law enforcement officer during an investigation of a crime is a punishable offense. Accordingly, these statements have indicia of reliability, and their content could be presented at trial in an admissible form (e.g., live testimony). The undersigned has therefore reviewed and used this evidence in analyzing the present Motion.
    PAGE 1319

  9. In re Standard Jury Instructions in Criminal Cases—report No. 2012-05

    131 So. 3d 755 (Fla. 2013)   Cited 2 times

    YOUNGER WHO SUFFERS [GREAT BODILY HARM] [PERMANENT DISABILITY] [PERMANENT DISFIGUREMENT] [DEATH] § 837.055(2), Fla. Stat. To prove the crime of False Information to Law Enforcement Investigating a Missing

    officer.” This instruction was adopted in 2013. 18.3 21.15 FALSE INFORMATION TO LAW ENFORCEMENT § 837.055 (1), Fla. Stat. To prove the crime of False Information to Law Enforcement, the State must prove

  10. Kelly v. State

    125 So. 3d 1046 (Fla. Dist. Ct. App. 2013)
    See§ 837.055, Fla. Stat. (2011).

    Cases from cite.case.law:

    IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 267 So. 3d 980 (Fla. 2019)

    . . . YOUNGER WHO SUFFERS [GREAT BODILY HARM] [PERMANENT DISABILITY] [PERMANENT DISFIGUREMENT] [DEATH] § 837.055 . . . AGE OR YOUNGER WHO SUFFERS [GREAT BODILY HARM] [DEATH] [PERMANENT [DISABILITY] [DISFIGUREMENT] - § 837.055 . . . ONE TWO Knowingly Giving 837.055(1) 21.15 False Information Concerning a Missing Person Investigation . . . Knowingly Giving 837.055(1) 21.15 False Information Concerning a Felony Criminal Investigation Attempt . . .

    MELVIN, v. STATE, 246 So. 3d 424 (Fla. App. Ct. 2018)

    . . . Appellant was charged with three counts of violating section 837.055(2), Florida Statutes (2013). . . . As a result of Anthony , the legislature enacted section 837.055(2), creating a third-degree felony when . . . investigation suffers great bodily harm, permanent disability, permanent disfigurement, or death .... § 837.055 . . . One possible reading of section 837.055(2), Florida Statutes (2013), is that the child who is the subject . . .

    IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 216 So. 3d 1281 (Fla. 2017)

    . . . APPENDIX 21.15 FALSE INFORMATION TO LAW ENFORCEMENT § 837.055(1), Fla. Stat. . . .

    IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 211 So. 3d 995 (Fla. 2017)

    . . . 2014 [152 So. 3d 475], 2015 [167 So. 3d 443], and 2017. 18.3 FALSE INFORMATION TO LAW ENFORCEMENT § 837.055 . . .

    EH, a MOORE HH, a W. v. CITY OF MIRAMAR, a, 111 F. Supp. 3d 1307 (S.D. Fla. 2015)

    . . . Additionally, 837.055 Fla. . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 755 (Fla. 2013)

    . . . YOUNGER WHO SUFFERS [GREAT BODILY HARM] [PERMANENT DISABILITY] [PERMANENT DISFIGUREMENT] [DEATH] § 837.055 . . . enforcement officer” This instruction was adopted in 2013. 48.32115 FALSE INFORMATION TO LAW ENFORCEMENT § 837.055 . . .

    KELLY, v. STATE, 125 So. 3d 1046 (Fla. Dist. Ct. App. 2013)

    . . . See § 837.055, Fla. Stat. (2011). . . .

    ANTHONY, v. STATE, 108 So. 3d 1111 (Fla. Dist. Ct. App. 2013)

    . . . information to a law enforcement officer during a missing person investigation in -violation of section 837.055 . . . rights; (2) her multiple convictions violated the prohibition against double jeopardy; and (3) section 837.055 . . . Section 837.055 speaks in terms of “false information,” not “false statements.” . . . Based on the wording of section 837.055, we cannot conclude that the Legislature intended to authorize . . . We find no merit to Appellant’s final argument challenging the constitutionality of section 837.055. . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 995 So. 2d 489 (Fla. 2008)

    . . . New instructions 18.3 and 21.7 are based upon sections 837.055 and 901.36(2), Florida Statutes (2007) . . . Comment This instruction was adopted in 2008. 18.3 FALSE INFORMATION TO LAW ENFORCEMENT § 837.055 Fla . . .