Florida Statutes
Fla. Stat. § 901.36 (2025)
Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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).
Arrestable Offenses under F.S. 901.36
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§901.36(1)FRAUD-IMPERSONFALSE ID GIVEN TO LEO
§901.36(2)FRAUD-IMPERSONUSE OF FALSE ID ADVERSELY AFFECTS ANOTHER
§901.36(2)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 9475
Notes of Decisions
Cited in 54
cases (2 in the last 5 years), 2001–2025 · leading case: Belsky v. State, 831 So. 2d 803 (Fla. 4th DCA 2002).
Belsky v. State, 831 So. 2d 803 (Fla. 4th DCA 2002). “We reverse, because the arresting officer lacked probable cause to arrest appellant for giving a false name under section 901.36, Florida Statutes, when appellant *804 had not been arrested or lawfully detained prior to giving the officer a false name.”
Bordelon v. State, 908 So. 2d 543 (Fla. 1st DCA 2005). “2d at 803-04 (reversing conviction under section 901.36 where "appellant had not been arrested or lawfully detained prior to giving the officer a false name").”
Frierson v. State, 851 So. 2d 293 (Fla. 4th DCA 2003). “650, Florida Statutes, or other applicable statutes, or by affidavit, information, or indictment as provided for in the Florida Rules of Criminal Procedure.”
Brevick v. State, 965 So. 2d 1246 (Fla. 5th DCA 2007). “On March 27, 2006, Defendant was arrested for providing false information to an officer, in violation of section 901.36, Florida Statutes. The trial court held a hearing to determine whether Defendant had actually violated section 901.”
Ward v. State, 21 So. 3d 896 (Fla. 5th DCA 2009). “See § 901.36(1), Fla. Stat. (2007). 4 In this ease, it is undisputed that Ward provided the officers with a false name prior to his arrest.”
J.P. v. State, 855 So. 2d 1262 (Fla. 4th DCA 2003). “Lawful detention is a condition precedent to commission of the crime of giving a fictitious name under section 901.36. See Belsky v. State, 831 So.”
Jackson v. State, 1 So. 3d 273 (Fla. 1st DCA 2009). “2d DCA 2006); see § 901.36(1), Florida Statutes (2007). The determination of whether Appellant could have been lawfully arrested for giving false names depends on whether he was either legally detained or arrested at the time when he gave the false names.”
D.T. v. State, 87 So. 3d 1235 (Fla. 4th DCA 2012). “Providing a False Name Section 901.36(1), Florida Statutes (2010), states “[i]t is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name.”
A.A.R. v. State, 926 So. 2d 463 (Fla. 4th DCA 2006). “In reversing, we conclude that the common law recantation defense applies to violations of the new “false name” statute, section 901.36(1), Florida Statutes (2004).”
K.o., a Child v. State of Florida, 267 So. 3d 427 (Fla. 4th DCA 2019). “was charged with violation of section 901.36(1), Florida Statutes (2018), for giving a false name to police, and violation of section 843.”
Howard v. State, 139 So. 3d 975 (Fla. 4th DCA 2014). “Section 901.36, Florida Statutes (2003), makes it a crime “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…”
Cooks v. State, 901 So. 2d 963 (Fla. 2d DCA 2005). “4th DCA 2002), the court stated that "to constitute a violation of section 901.36, Florida Statutes, the giving of a false name to a law enforcement officer must occur during an arrest or lawful detention.”
— 901.36(1) — 44 cases
Frierson v. State, 851 So. 2d 293 (Fla. 4th DCA 2003). “650, Florida Statutes, or other applicable statutes, or by affidavit, information, or indictment as provided for in the Florida Rules of Criminal Procedure.”
Bordelon v. State, 908 So. 2d 543 (Fla. 1st DCA 2005). “2d at 803-04 (reversing conviction under section 901.36 where "appellant had not been arrested or lawfully detained prior to giving the officer a false name").”
Ward v. State, 21 So. 3d 896 (Fla. 5th DCA 2009). “See § 901.36(1), Fla. Stat. (2007). 4 In this ease, it is undisputed that Ward provided the officers with a false name prior to his arrest.”
Jackson v. State, 1 So. 3d 273 (Fla. 1st DCA 2009). “2d DCA 2006); see § 901.36(1), Florida Statutes (2007). The determination of whether Appellant could have been lawfully arrested for giving false names depends on whether he was either legally detained or arrested at the time when he gave the false names.”
D.T. v. State, 87 So. 3d 1235 (Fla. 4th DCA 2012). “Providing a False Name Section 901.36(1), Florida Statutes (2010), states “[i]t is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name.”
— 901.36(2) — 4 cases
B.B. v. State, 117 So. 3d 442 (Fla. 2d DCA 2013).
In re Stand. Jury Instructions in Crim. Cases—Report No. 2007-08, 995 So. 2d 489 (Fla. 2008).
In Re: Stand. Jury Instructions in Crim. Cases—report 2016-06, 217 So. 3d 965 (Fla. 2017).
— 901.36(3)(b) — 1 case
Howard v. State, 139 So. 3d 975 (Fla. 4th DCA 2014). “Section 901.36, Florida Statutes (2003), makes it a crime “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…”
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