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: District Court of Appeal of Florida | Date Filed: 2019-03-20

Citation: 267 So. 3d 427

Snippet: K.O. was charged with violation of section 901.36(1), Florida Statutes (2018), for giving a false

Devin Lee Bass v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-12-14

Snippet: identification to a law enforcement officer. See § 901.36(1), Fla. Stat. (2016) (specifically limiting applicability

Deno v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-11-17

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

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

Court: Supreme Court of Florida | Date Filed: 2017-04-13

Snippet: ADVERSELY AFFECTING ANOTHER § 901.36(2), Fla. Stat. To prove the crime of Giving

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

Court: Supreme Court of Florida | Date Filed: 2017-02-09

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: District Court of Appeal of Florida | Date Filed: 2014-07-23

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: District Court of Appeal of Florida | Date Filed: 2014-06-11

Citation: 139 So. 3d 975, 2014 WL 2587717, 2014 Fla. App. LEXIS 8860

Snippet: the record,” which he filed pursuant to section 901.36(3)(b), Florida Statutes (2003). He sought to correct

B.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-07-10

Citation: 117 So. 3d 442, 2013 WL 3449546, 2013 Fla. App. LEXIS 10945

Snippet: resulting in adverse consequences to another, § 901.36(2), Fla. Stat. (2011); (2) possession of cannabis

D.K.D. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-07-24

Citation: 92 So. 3d 897, 2012 WL 3000604, 2012 Fla. App. LEXIS 11874

Snippet: law enforcement officer in violation of section 901.36(1), Florida Statutes (2011). Appellant argues that

D.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-05-28

Citation: 87 So. 3d 1235, 2012 WL 1859421

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

L.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-09-14

Citation: 69 So. 3d 1014, 2011 Fla. App. LEXIS 14537

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

LT v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-09-14

Citation: 69 So. 3d 1014, 2011 WL 4056658

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: District Court of Appeal of Florida | Date Filed: 2010-10-13

Citation: 45 So. 3d 932, 2010 Fla. App. LEXIS 15534, 2010 WL 3984818

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: District Court of Appeal of Florida | Date Filed: 2010-08-31

Citation: 43 So. 3d 831, 2010 Fla. App. LEXIS 12706, 2010 WL 3397457

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

K.D. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-08-25

Citation: 43 So. 3d 829, 2010 Fla. App. LEXIS 12477

Snippet: the offense of giving a false name under section 901.36(1), Florida Statutes (2010). K.D. argues, and the

KD v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-08-25

Citation: 43 So. 3d 829, 2010 WL 3360097

Snippet: the offense of giving a false name under section 901.36(1), Florida Statutes (2010). K.D. argues, and the

Teart v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-01-21

Citation: 26 So. 3d 644, 2010 Fla. App. LEXIS 363, 2010 WL 183994

Snippet: the officer arrested him for violating section 901.36(1), Florida Statutes (2004). A subsequent search

A.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-12-23

Citation: 24 So. 3d 731, 2009 Fla. App. LEXIS 20040

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

AM v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-12-23

Citation: 24 So. 3d 731, 2009 WL 4928058

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

Ward v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-11-06

Citation: 21 So. 3d 896, 2009 Fla. App. LEXIS 16561, 2009 WL 3674572

Snippet: identify himself to a law enforcement officer. See § 901.36(1), Fla. Stat. (2007).4 In this ease, it is undisputed