Florida Statute 901.36 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 901
ARRESTS AND TEMPORARY DETENTIONS

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F.S. 901.36

901.36 Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders.—

(1) It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel. Except as provided in subsection (2), any person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who violates subsection (1), if such violation results in another person being adversely affected by the unlawful use of his or her name or other identification, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) In sentencing a person for violation of this section, a court may order restitution.

(b) The sentencing court may issue such orders as are necessary to correct any public record because it contains a false name or other false identification information given in violation of this section.

(c) Upon application to the court, a person adversely affected by the unlawful use of his or her name or other identification in violation of this section may obtain from the court orders necessary to correct any public record, as described in paragraph (b).

History.—s. 2, ch. 99-169.

F.S. 901.36 on Google Scholar

F.S. 901.36 on Casetext

Amendments to 901.36

Arrestable Offenses / Crimes under Fla. Stat. 901.36

Level: Degree
Misdemeanor/Felony: First/Second/Third

S901.36 1 - FRAUD-IMPERSON - FALSE ID GIVEN TO LEO - M: F

S901.36 2 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 9475 - F: T

S901.36 2 - FRAUD-IMPERSON - USE OF FALSE ID ADVERSELY AFFECTS ANOTHER - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 901.36

Total Results: 20

K.O., A CHILD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-20T00:53:00-07:00

Snippet: K.O. was charged with violation of section 901.36(1), Florida Statutes (2018), for giving a false…charged with the violation of two statutes. Section 901.36(1), Florida Statutes, provides that “[i]t is unlawful…, he cannot be guilty of a violation of section 901.36(1). The officers were, however, in the lawful execution…. 4th DCA 2012), as to the violation of section 901.36(1). The opinion in D.T. … name, he cannot be guilty of violating section 901.36(1). The court, however, did not err in denying

Devin Lee Bass v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-13T23:53:00-08:00

Snippet: identification to a law enforcement officer. See § 901.36(1), Fla. Stat. (2016) (specifically limiting applicability…277. But we said that in the context of section 901.36(1), Florida Statutes, which we cited along with…from the statutory text. Sections 843.02 and 901.36(1) establish different crimes with different elements…that specifically addressed the matter, section 901.36, Florida Statutes, which says: “It is unlawful …enforcement officer or any county jail personnel.” § 901.36(1), Fla. Stat. (2018) (emphasis added); Laws of

Deno v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-17T00:00:00-08:00

Citation: 230 So. 3d 611

Snippet: false-name to a law enforcement officer, see § 901.36(1), Fla. Stat. (2014), and she was taken to the…reasonable suspicion that she had violated section 901,36(1). After an evidentiary hearing, the trial court….3d 144, 145-46 (Fla. 2d DCA 2016). Section 901,36(1) provides, “It is unlawful for a person who has

In Re: Standard Jury Instructions in Criminal Cases - Report 2016-06 – Corrected Opinion

Court: Fla. | Date Filed: 2017-04-13T00:53:00-07:00

Snippet: degree felony in § 901.36(2), Fla. Stat., and the first degree misdemeanor in § 901.36(1), Fla. Stat., is…ADVERSELY AFFECTING ANOTHER § 901.36(2), Fla. Stat. To prove the crime of Giving…AFFECTING ANOTHER — § 901.36(2) CATEGORY ONE CATEGORY TWO FLA. STAT…INS. NO. False Name or ID 901.36(1)* 21.7* to LEO* None

In Re: Standard Jury Instructions in Criminal Cases—report 2016-06

Court: Fla. | Date Filed: 2017-02-09T00:00:00-08:00

Citation: 217 So. 3d 965

Snippet: degree felony in § 901.36(2), Fla. Stat., and the first degree misdemeanor in § 901.36(1), Fla. Stat., is

State v. Ojeda

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-23T00:00:00-07:00

Citation: 147 So. 3d 53, 2014 Fla. App. LEXIS 11197

Snippet: during a lawful detention or arrest); see also § 901.36(1), Fla. Stat. (2007), the discovery of the crack

Howard v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-11T00:00:00-07:00

Citation: 139 So. 3d 975

Snippet: the record,” which he filed pursuant to section 901.36(3)(b), Florida Statutes (2003). He sought to correct…LEVINE and KLINGENSMITH, JJ., concur. . Section 901.36, Florida Statutes (2003), makes it a crime “for…enforcement officer or any county jail personnel." § 901.36(1). When someone has been sentenced for violating…information given in violation of this section.” § 901.36(3)(b). Howard did not establish he had been found

B.B. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-10T00:00:00-07:00

Citation: 117 So. 3d 442

Snippet: resulting in adverse consequences to another, § 901.36(2), Fla. Stat. (2011); (2) possession of cannabis… as to the false-identification charge, section 901.36(2) requires the State to prove that B.B. provided…adverse consequence. The plain language of section 901.36(2) does not contemplate punishment for mere possibilities… enforcement officer in accordance with section 901.36(1). We affirm B.B.’s remaining adjudications of

D.K.D. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-24T00:00:00-07:00

Citation: 92 So. 3d 897

Snippet: law enforcement officer in violation of section 901.36(1), Florida Statutes (2011). Appellant argues that…erroneously denied his motion to dismiss because section 901.36(1) requires arrest or lawful detention as a condition…law enforcement officer in violation of section 901.36(1). At the hearing, at the close of the State’s… denied dismissal of the charge, noting section 901.36(1) is a broad statute; found appellant guilty; …; and adjudicated him delinquent. Section 901.36(1) provides, in pertinent part: It is unlawful for a

D.T. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-28T00:00:00-07:00

Citation: 87 So. 3d 1235

Snippet: in this appeal. Providing a False Name Section 901.36(1), Florida Statutes (2010), states “[i]t is unlawful

LT v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-14T00:53:00-07:00

Citation: 69 So. 3d 1014

Snippet: identification to a police officer in violation of section 901.36(1) of the Florida Statutes, appeals from an order

L.T. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-14T00:00:00-07:00

Citation: 69 So. 3d 1014

Snippet: identification to a police officer in violation of section 901.36(1) of the Florida Statutes, appeals from an order

Faith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-13T00:00:00-07:00

Citation: 45 So. 3d 932

Snippet: false name and birth date to the officer. See § 901.36(1), Fla. Stat. (2009) (stating “[i]t is unlawful

Torres v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-31T00:00:00-07:00

Citation: 43 So. 3d 831

Snippet: law enforcement officer in violation of section 901.36(1), Florida Statutes (2007)Fredis Espinal Torres

KD v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-25T00:53:00-07:00

Citation: 43 So. 3d 829

Snippet: the offense of giving a false name under section 901.36(1), Florida Statutes (2010). K.D. argues, and the… false name to a law enforcement officer. See § 901.36, Fla. Stat. (2010); J.P. v. State, 855 So.2d 1262

K.D. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-25T00:00:00-07:00

Citation: 43 So. 3d 829

Teart v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-01-21T00:00:00-08:00

Citation: 26 So. 3d 644

Snippet: the officer arrested him for violating section 901.36(1), Florida Statutes (2004). A subsequent search…initial detention and arrest for violating section 901.36(1) was illegal because there is no indication that…enforcement officer is not a crime under section 901.36(1) unless it occurs during a lawful detention or

A.M. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-23T00:00:00-08:00

Citation: 24 So. 3d 731

Snippet: enforcement officer or any county jail personnel.” § 901.36(1), Fla. Stat. (2008) (emphasis added). AM. contended

AM v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-22T23:53:00-08:00

Citation: 24 So. 3d 731

Snippet: enforcement officer or any county jail personnel." § 901.36(1), Fla. Stat. (2008) (emphasis added). A.M. contended

Ward v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-11-06T00:00:00-08:00

Citation: 21 So. 3d 896

Snippet: ), Fla. Stat. (2007). .§ 901.36(1), Fla. Stat. (2007). . Section 901.36(1) provides: It is unlawful…identify himself to a law enforcement officer. See § 901.36(1), Fla. Stat. (2007).4 In this ease, it is undisputed…the officers constituted a violation of section 901.36(1). The fact that Officer Sirolli initially intended