Florida Statute 901.36 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 901.36

Annotations, Discussions, Cases:

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

Cases Citing Statute 901.36

Total Results: 50

JP v. State

855 So. 2d 1262, 2003 WL 22339198

District Court of Appeal of Florida | Filed: Oct 15, 2003 | Docket: 1752541

Cited 26 times | Published

the giving of a fictitious name pursuant to section 901.36(1), Florida Statutes (2001). We agree. A motion

Belsky v. State

831 So. 2d 803, 2002 WL 31757481

District Court of Appeal of Florida | Filed: Dec 11, 2002 | Docket: 1722794

Cited 15 times | Published

arrest appellant for giving a false name under section 901.36, Florida Statutes, when appellant *804 had

Frierson v. State

851 So. 2d 293, 2003 WL 21800407

District Court of Appeal of Florida | Filed: Aug 6, 2003 | Docket: 1691423

Cited 12 times | Published

a criminal case against the imposter under section 901.36(1), Florida Statutes (2000). An unanticipated

Rodriguez v. State

29 So. 3d 310, 2009 Fla. App. LEXIS 11580, 2009 WL 2514168

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1134209

Cited 9 times | Published

88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). [3] See § 901.36(1) (stating that "[i]t is unlawful for a person

Jackson v. State

1 So. 3d 273, 2009 Fla. App. LEXIS 234, 2009 WL 56036

District Court of Appeal of Florida | Filed: Jan 12, 2009 | Docket: 1654011

Cited 9 times | Published

State, 932 So.2d 298, 299 (Fla. 2d DCA 2006); see § 901.36(1), Florida Statutes (2007). The determination

AAR v. State

926 So. 2d 463, 2006 WL 1006865

District Court of Appeal of Florida | Filed: Apr 19, 2006 | Docket: 466959

Cited 9 times | Published

violations of the new "false name" statute, section 901.36(1), Florida Statutes (2004). On September 29

Bordelon v. State

908 So. 2d 543, 2005 WL 1788927

District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 1397620

Cited 6 times | Published

a law enforcement officer," in violation of section 901.36(1), Florida Statutes (2003), and remand for

Cooks v. State

901 So. 2d 963, 2005 WL 1105213

District Court of Appeal of Florida | Filed: May 11, 2005 | Docket: 1666255

Cited 6 times | Published

court stated that "to constitute a violation of section 901.36, Florida Statutes, the giving of a false name

Torres v. State

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

District Court of Appeal of Florida | Filed: Aug 31, 2010 | Docket: 2396646

Cited 5 times | Published

to a law enforcement officer in violation of section 901.36(1), Florida Statutes (2007)Fredis Espinal

State v. RH

900 So. 2d 689, 2005 WL 906267

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 463084

Cited 5 times | Published

false name or identity, in violation of *691 section 901.36(1), Florida Statutes. R.H. moved to suppress

State v. Dickerson

811 So. 2d 744, 2002 WL 384953

District Court of Appeal of Florida | Filed: Feb 27, 2002 | Docket: 1758169

Cited 4 times | Published

being detained or arrested in violation of section 901.36(1), Florida Statutes (2000). Dickerson pleaded

LJ v. State

971 So. 2d 942, 2007 WL 4482190

District Court of Appeal of Florida | Filed: Dec 26, 2007 | Docket: 2533171

Cited 3 times | Published

a law enforcement officer, in violation of section 901.36(1), Florida Statutes (2006).[1] We affirm.

Dubois v. State

932 So. 2d 298, 2006 WL 12988

District Court of Appeal of Florida | Filed: Jan 4, 2006 | Docket: 371936

Cited 3 times | Published

must occur during an arrest or lawful detention. § 901.36, Fla. Stat. (2004). As our record reflects, Ms

Oslin v. State

912 So. 2d 672, 2005 WL 2572405

District Court of Appeal of Florida | Filed: Oct 14, 2005 | Docket: 1649915

Cited 3 times | Published

Fournier v. State, 731 So.2d 75 (Fla. 2d DCA 1999); § 901.36, Fla. Stat. The giving of such misinformation

L.T. v. State

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

District Court of Appeal of Florida | Filed: Sep 14, 2011 | Docket: 60302424

Cited 2 times | Published

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

JLH v. State

990 So. 2d 686, 2008 WL 4277143

District Court of Appeal of Florida | Filed: Sep 19, 2008 | Docket: 1687602

Cited 2 times | Published

J.L.H. was under either type of restraint. See § 901.36, Fla. Stat. (2007). The State responded by nol

BREVICK v. State

965 So. 2d 1246, 2007 WL 2890086

District Court of Appeal of Florida | Filed: Oct 5, 2007 | Docket: 335852

Cited 2 times | Published

information to an officer, in violation of section 901.36, Florida Statutes. The trial court held a hearing

AF v. State

912 So. 2d 374, 2005 WL 2467066

District Court of Appeal of Florida | Filed: Oct 7, 2005 | Docket: 1755507

Cited 2 times | Published

a law enforcement officer pursuant to *375 section 901.36(1), Florida Statutes (2004). Because the State

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

267 So. 3d 427

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752830

Cited 1 times | Published

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

Howard v. State

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

District Court of Appeal of Florida | Filed: Jun 11, 2014 | Docket: 60241257

Cited 1 times | Published

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

B.B. v. State

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

District Court of Appeal of Florida | Filed: Jul 10, 2013 | Docket: 60232669

Cited 1 times | Published

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

D.T. v. State

87 So. 3d 1235, 2012 WL 1859421

District Court of Appeal of Florida | Filed: May 28, 2012 | Docket: 60307906

Cited 1 times | Published

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

LT v. State

69 So. 3d 1014, 2011 WL 4056658

District Court of Appeal of Florida | Filed: Sep 14, 2011 | Docket: 2355512

Cited 1 times | Published

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

Faith v. State

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

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 60296086

Cited 1 times | Published

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

K.D. v. State

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

District Court of Appeal of Florida | Filed: Aug 25, 2010 | Docket: 60295491

Cited 1 times | Published

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

Teart v. State

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

District Court of Appeal of Florida | Filed: Jan 21, 2010 | Docket: 239553

Cited 1 times | Published

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

A.M. v. State

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

District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 60287276

Cited 1 times | Published

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

MG v. State

989 So. 2d 705, 2008 WL 3913970

District Court of Appeal of Florida | Filed: Aug 27, 2008 | Docket: 2042088

Cited 1 times | Published

a law enforcement officer, in violation of section 901.36(1), Florida Statutes (2007). At the hearing

L.J. v. State

971 So. 2d 942, 2007 Fla. App. LEXIS 20509

District Court of Appeal of Florida | Filed: Dec 26, 2007 | Docket: 64853560

Cited 1 times | Published

a law enforcement officer, in violation of section 901.36(1), Florida Statutes (2006).1 We affirm. At

Whyte v. State

940 So. 2d 1174, 2006 WL 2787330

District Court of Appeal of Florida | Filed: Sep 29, 2006 | Docket: 1524044

Cited 1 times | Published

dropped the count of giving false identification. Section 901.36(1), Florida Statutes (2003), provides: "It

A.A.R. v. State

926 So. 2d 463, 2006 Fla. App. LEXIS 5659

District Court of Appeal of Florida | Filed: Apr 19, 2006 | Docket: 64843952

Cited 1 times | Published

violations of the new “false name” statute, section 901.36(1), Florida Statutes (2004). On September 29

J.P. v. State

855 So. 2d 1262, 2003 Fla. App. LEXIS 15478

District Court of Appeal of Florida | Filed: Oct 15, 2003 | Docket: 64825736

Cited 1 times | Published

the giving of a fictitious name pursuant to section 901.36(1), Florida Statutes (2001). We agree. A motion

Billy Pickard v. State of Florida

District Court of Appeal of Florida | Filed: Aug 1, 2025 | Docket: 70988585

Published

the false name after his lawful detention. See § 901.36(1), Fla. Stat. (2024); Brevick v. State, 965 So

Devin Lee Bass v. State of Florida

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409771

Published

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

Deno v. State

230 So. 3d 611

District Court of Appeal of Florida | Filed: Nov 17, 2017 | Docket: 6225798

Published

a 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

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684622

Published

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

217 So. 3d 965

Supreme Court of Florida | Filed: Feb 9, 2017 | Docket: 4582773

Published

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

State v. Ojeda

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

District Court of Appeal of Florida | Filed: Jul 23, 2014 | Docket: 388584

Published

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

D.K.D. v. State

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

District Court of Appeal of Florida | Filed: Jul 24, 2012 | Docket: 60310382

Published

to a law enforcement officer in violation of section 901.36(1), Florida Statutes (2011). Appellant argues

KD v. State

43 So. 3d 829, 2010 WL 3360097

District Court of Appeal of Florida | Filed: Aug 25, 2010 | Docket: 2578926

Published

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

AM v. State

24 So. 3d 731, 2009 WL 4928058

District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 1648495

Published

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

Ward v. State

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

District Court of Appeal of Florida | Filed: Nov 6, 2009 | Docket: 60260094

Published

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

In re Standard Jury Instructions in Criminal Cases—Report No. 2007-08

995 So. 2d 489, 33 Fla. L. Weekly Supp. 860, 2008 Fla. LEXIS 2048, 2008 WL 4736374

Supreme Court of Florida | Filed: Oct 30, 2008 | Docket: 64856879

Published

ENFORCEMENT OFFICER ADVERSELY AFFECTING ANOTHER § 901.36(2), Fla. Stat. To prove the crime of Giving False

J.L.H. v. State

990 So. 2d 686, 2008 Fla. App. LEXIS 14281

District Court of Appeal of Florida | Filed: Sep 19, 2008 | Docket: 64855703

Published

J.L.H. was under either type of restraint. See § 901.36, Fla. Stat. (2007). The State responded by nol

M.G. v. State

989 So. 2d 705, 2008 Fla. App. LEXIS 12668

District Court of Appeal of Florida | Filed: Aug 27, 2008 | Docket: 64855647

Published

a law enforcement officer, in violation of section 901.36(1), Florida Statutes (2007). At the hearing

K.Q.W. v. State

951 So. 2d 66, 2007 Fla. App. LEXIS 3424, 2007 WL 700953

District Court of Appeal of Florida | Filed: Mar 9, 2007 | Docket: 64849695

Published

the trial court found her guilty of violating section 901.36(1), Florida Statutes (2005). The statute makes

Gillen v. State

927 So. 2d 1083, 2006 Fla. App. LEXIS 7777, 2006 WL 1329657

District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 64844497

Published

trial court found that appellant had violated section 901.36, Florida Statutes (2004), by giving the officer

A.F. v. State

912 So. 2d 374, 2005 Fla. App. LEXIS 16031

District Court of Appeal of Florida | Filed: Oct 7, 2005 | Docket: 64840610

Published

false name. The trial court denied the motion. Section 901.36(1) provides that “[i]t is unlawful for a person

R.J.W. v. State

910 So. 2d 357, 2005 Fla. App. LEXIS 14536, 2005 WL 2242698

District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 64840311

Published

identity to a law enforcement officer contrary to section 901.36(1), Florida Statutes (2003). After the trial

A.S. v. State

786 So. 2d 1261, 2001 Fla. App. LEXIS 8092, 2001 WL 669316

District Court of Appeal of Florida | Filed: Jun 15, 2001 | Docket: 64805972

Published

false name to a police officer in violation of section 901.36(1), Florida Statutes (1999). He does not challenge