The 2023 Florida Statutes
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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.
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.
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.
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
§ 837.055(2), Fla. Stat. (2013).
FALSE INFORMATION TO LAW ENFORCEMENT — 837.055(1) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Attempt 777.04(1) 5.1
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
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.
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
See§ 837.055, Fla. Stat. (2011).
. . . 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 . . .
. . . 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 . . .
. . . APPENDIX 21.15 FALSE INFORMATION TO LAW ENFORCEMENT § 837.055(1), Fla. Stat. . . .
. . . 2014 [152 So. 3d 475], 2015 [167 So. 3d 443], and 2017. 18.3 FALSE INFORMATION TO LAW ENFORCEMENT § 837.055 . . .
. . . Additionally, 837.055 Fla. . . .
. . . 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 . . .
. . . See § 837.055, Fla. Stat. (2011). . . .
. . . 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. . . .
. . . 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 . . .