Florida Statute 918.13 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 918
CONDUCT OF TRIAL

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F.S. 918.13

918.13 Tampering with or fabricating physical evidence.—

(1) It is unlawful for any person, knowing that a criminal trial, proceeding, or investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury, or legislative committee of this state is pending or is about to be instituted, to:

(a) Alter, destroy, conceal, or remove any record, document, or other item with the purpose to impair its verity or availability in such proceeding or investigation; or

(b) Make, present, or use any record, document, or other item, knowing it to be false.

(2)(a) Except as provided in paragraph (b), a person who violates subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A person who violates subsection (1) relating to a criminal trial, proceeding, or investigation that relates to a capital felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 2, ch. 72-315; s. 1, ch. 2022-84.

F.S. 918.13 on Google Scholar

F.S. 918.13 on CourtListener

Amendments to 918.13

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 918.13

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

S918.13 - EVIDENCE-DESTROYING - RENUMBERED SEE REC # 8703 - F: T

S918.13 1a - EVIDENCE-DESTROYING - RENUMBERED. SEE REC # 9577 - F: T

S918.13 1a - OBSTRUCTING JUSTICE - TAMPER W EVIDENCE IN CRIMINAL PROCEEDING - F: T

S918.13 1a - OBSTRUCTING JUSTICE - TAMPER EVIDENCE IN CAPITAL FEL CRIM PROCEEDING - F: S

S918.13 1b - OBSTRUCTING JUSTICE - RENUMBERED. SEE REC # 9579 - F: T

S918.13 1b - FRAUD - FABRICATE/USE FALSE EVIDENCE IN CRIM ROCEEDING - F: T

S918.13 1b - FRAUD - FABRICATE/USE FALSE EVIDENCE CAP FEL CRIM PROC - F: S

Cases Citing Statute 918.13

Total Results: 72

Florida Evergreen Foliage v. E.I. DuPont De Nemours & Co.

336 F. Supp. 2d 1239, 2004 U.S. Dist. LEXIS 19264

District Court, S.D. Florida | Filed: Jul 26, 2004 | Docket: 1398453

Cited 25 times | Published

physical evidence in violation of Florida Statutes § 918.13, (5) mail and wire fraud in violation of 18 U

State v. Jennings

666 So. 2d 131, 1995 WL 610812

Supreme Court of Florida | Filed: Oct 19, 1995 | Docket: 452523

Cited 25 times | Published

evidence in violation of section 918.13, Florida Statutes (1993).[1] Section 918.13 provides, in pertinent

Boice v. State

560 So. 2d 1383, 1990 WL 60896

District Court of Appeal of Florida | Filed: May 11, 1990 | Docket: 1477783

Cited 24 times | Published

purchased the cocaine for his personal use. Section 918.13, Florida Statutes (1987), states: (1) No person

Hayes v. State

634 So. 2d 1153, 1994 WL 138404

District Court of Appeal of Florida | Filed: Apr 20, 1994 | Docket: 21215

Cited 18 times | Published

conviction for tampering with evidence under section 918.13, Florida Statutes (1993). The proof presented

McKinney v. State

640 So. 2d 1183, 1994 WL 390761

District Court of Appeal of Florida | Filed: Jul 27, 1994 | Docket: 1371484

Cited 17 times | Published

the general subject matter of the chapter, section 918.13(1), Florida Statutes (1991), states: No person

Morley's Auto Body, Inc. v. Hunter

70 F.3d 1209

Court of Appeals for the Eleventh Circuit | Filed: Feb 27, 1996 | Docket: 1230210

Cited 15 times | Published

tampering with evidence in violation of Fla.Stat. section 918.13. Following his arrest, Solow did not sue Deputy

State v. Carpenter

899 So. 2d 1176, 2005 WL 845775

District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 1705672

Cited 12 times | Published

tampering with physical evidence in violation of section 918.13(1)(a)[2] and official misconduct in violation

McKenzie v. State

632 So. 2d 276, 1994 WL 51871

District Court of Appeal of Florida | Filed: Feb 23, 1994 | Docket: 1514077

Cited 12 times | Published

with evidence, a third degree felony under section 918.13(1)(a), Florida Statutes (1991), which provided:

Spadaro v. City of Miramar

855 F. Supp. 2d 1317, 2012 U.S. Dist. LEXIS 25965

District Court, S.D. Florida | Filed: Feb 29, 2012 | Docket: 65980581

Cited 11 times | Published

and, in violation of 18 U.S.C. § 1512(3)(b) and § 918.13 and § 914.22, Florida Statutes, withheld, concealed

Bell v. State

835 So. 2d 392, 2003 WL 202253

District Court of Appeal of Florida | Filed: Jan 31, 2003 | Docket: 1754808

Cited 11 times | Published

regarding a motion to dismiss is de novo. Id. Section 918.13, Florida Statutes (2000), states in pertinent

State v. News-Press Pub. Co.

338 So. 2d 1313, 2 Media L. Rep. (BNA) 1240

District Court of Appeal of Florida | Filed: Nov 5, 1976 | Docket: 1511834

Cited 10 times | Published

prosecution of this case because the gravamen of Section 918.13, Florida Statutes, is the destruction of evidence

Chambers v. State

880 So. 2d 696, 2004 WL 895856

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 1689327

Cited 7 times | Published

§§ 775.087(c), 784.021, Fla. Stat. (2002). [2] § 918.13, Fla. Stat. (2002). [3] There is also dicta in

Jones v. State

590 So. 2d 982, 1991 WL 259449

District Court of Appeal of Florida | Filed: Dec 3, 1991 | Docket: 458081

Cited 7 times | Published

conviction of tampering with evidence, contrary to section 918.13(1)(a), Florida Statutes (1989). We reverse

Thomas v. State

581 So. 2d 993, 16 Fla. L. Weekly Fed. D 1714

District Court of Appeal of Florida | Filed: Jun 28, 1991 | Docket: 1283785

Cited 7 times | Published

was intended by the legislature in enacting section 918.13. We therefore reverse the appellant's conviction

Evans v. State

997 So. 2d 1281, 2009 WL 78024

District Court of Appeal of Florida | Filed: Jan 14, 2009 | Docket: 1422471

Cited 6 times | Published

impairing its availability for trial under Florida Statute 918.13." Id. at 132. The trial court relied on

Casselman v. State

761 So. 2d 482, 2000 WL 864206

District Court of Appeal of Florida | Filed: Jun 30, 2000 | Docket: 1299959

Cited 6 times | Published

§§ 784.011, 784.07(2), Fla.Stat. (1997). [4] § 918.13(1)(a), Fla.Stat. (1997). [5] Hernandez v. State

Smigiel v. State

439 So. 2d 239

District Court of Appeal of Florida | Filed: Sep 8, 1983 | Docket: 197709

Cited 6 times | Published

of tampering with evidence, in violation of section 918.13, Florida Statutes. The principal point on appeal

Chambers v. State

975 So. 2d 444, 2007 WL 1097953

District Court of Appeal of Florida | Filed: Apr 13, 2007 | Docket: 1424540

Cited 5 times | Published

with tampering with evidence in violation of section 918.13, Florida Statute (2002), but that crime is

Obas v. State

935 So. 2d 38, 2006 WL 1896711

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 1245547

Cited 5 times | Published

bicycle. Tampering with evidence is defined in section 918.13(1), Florida Statutes (2004) as follows: *39

EI v. State

25 So. 3d 625, 2009 WL 5125170

District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 1661903

Cited 4 times | Published

attempted tampering with evidence pursuant to section 918.13, Florida Statutes (2008), and section 777.04(1)

Quinones v. State

766 So. 2d 1165, 2000 WL 1251968

District Court of Appeal of Florida | Filed: Sep 6, 2000 | Docket: 1697795

Cited 4 times | Published

suppressing critical evidence from law enforcement. Section 918.13(1), Florida Statutes (1995), entitled "Tampering

State v. Major

30 So. 3d 608, 2010 Fla. App. LEXIS 2918, 2010 WL 785926

District Court of Appeal of Florida | Filed: Mar 10, 2010 | Docket: 1639369

Cited 3 times | Published

dismissal of the charge of destruction of evidence. Section 918.13, Florida Statutes (2008), states that: (1)

Anderson v. State

996 So. 2d 256, 2008 WL 5191738

District Court of Appeal of Florida | Filed: Dec 12, 2008 | Docket: 1315328

Cited 3 times | Published

with tampering with evidence in violation of section 918.13(1)(a), Florida Statutes (2007). Following a

AF v. State

850 So. 2d 667, 2003 WL 21749512

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1783489

Cited 3 times | Published

possession charge, but denied as to tampering. Section 918.13(1)(a), Florida Statutes (2003), states, in

CK v. State

753 So. 2d 617, 2000 WL 201484

District Court of Appeal of Florida | Filed: Feb 23, 2000 | Docket: 1433944

Cited 3 times | Published

Order adjudicating him guilty, of violating section 918.13(1)(a), Florida Statutes, tampering with or

Hernandez v. State

750 So. 2d 50, 1999 WL 492587

District Court of Appeal of Florida | Filed: Oct 13, 1999 | Docket: 1736487

Cited 3 times | Published

fabricating physical evidence, in violation of section 918.13(1)(b), Florida Statutes (1997); one misdemeanor

Baldwin v. State

684 So. 2d 254, 1996 WL 691707

District Court of Appeal of Florida | Filed: Dec 4, 1996 | Docket: 1482024

Cited 3 times | Published

of tampering with evidence in violation of section 918.13, Florida Statutes (1993). At sentencing, the

STATE OF FLORIDA v. EMMET ZACHERY

255 So. 3d 957

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511594

Cited 2 times | Published

Zachery with tampering with physical evidence. See § 918.13, Fla. Stat. (2016). Mr. Zachery filed a motion

Jones v. State

120 So. 3d 135, 2013 WL 4436557, 2013 Fla. App. LEXIS 13045

District Court of Appeal of Florida | Filed: Aug 21, 2013 | Docket: 60233920

Cited 2 times | Published

in the trial proceeding of investigation.” See § 918.13, Fla. Stat. (2011). The jury acquitted Jones of

E.I. v. State

25 So. 3d 625, 2009 Fla. App. LEXIS 20368

District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 60287618

Cited 2 times | Published

attempted tampering with evidence pursuant to section 918.13, Florida Statutes (2008), and section 777.04(1)

Kramer v. State

15 So. 3d 790, 2009 Fla. App. LEXIS 9769, 2009 WL 2067691

District Court of Appeal of Florida | Filed: Jul 17, 2009 | Docket: 1660791

Cited 2 times | Published

REVERSED. ORFINGER and COHEN JJ., concur. NOTES [1] § 918.13(1)(a), Fla. Stat. (2008). [2] § 843.02, Fla.

Morris v. State

989 So. 2d 753, 2008 WL 4182708

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 1211782

Cited 2 times | Published

altered, removed, or tampered with any evidence. Section 918.13(1)(a), Florida Statutes (2006), provides that

Flores v. State

974 So. 2d 556, 2008 WL 397454

District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 1717501

Cited 2 times | Published

vehicle. . . . § 806.01, Fla. Stat. (2006). [2] § 918.13 Tampering with or Fabricating Physical Evidence

State v. Harper

800 So. 2d 708, 2001 WL 1517429

District Court of Appeal of Florida | Filed: Nov 30, 2001 | Docket: 1283307

Cited 2 times | Published

J., and ORFINGER, R.B., J., concur. NOTES [1] § 918.13(1)(a), Fla. Stat. (1999).

Morley's Auto Body, Inc. v. Hunter

70 F.3d 1209, 1995 WL 707460

Court of Appeals for the Eleventh Circuit | Filed: Dec 18, 1995 | Docket: 1118629

Cited 2 times | Published

tampering with evidence in violation of Fla.Stat. section 918.13. Following his arrest, Solow did not sue Deputy

State v. Jennings

647 So. 2d 294, 1994 WL 697398

District Court of Appeal of Florida | Filed: Dec 14, 1994 | Docket: 437529

Cited 2 times | Published

tampering with physical evidence in violation of section 918.13, Florida Statutes (1993). The charge was dismissed

Munroe v. State

629 So. 2d 263, 1993 WL 523768

District Court of Appeal of Florida | Filed: Dec 15, 1993 | Docket: 1677380

Cited 2 times | Published

constitute tampering within the meaning of section 918.13, Florida Statutes (1989). We reverse. Following

McNeil v. State

438 So. 2d 960, 1983 Fla. App. LEXIS 22425

District Court of Appeal of Florida | Filed: Oct 5, 1983 | Docket: 64600014

Cited 2 times | Published

the basis for charging that McNeil violated section 918.13(l)(a), Florida Statutes (1981): No person,

Laisha L. Landrum v. State of Florida

192 So. 3d 459, 41 Fla. L. Weekly Supp. 274, 2016 Fla. LEXIS 1194, 2016 WL 3191099

Supreme Court of Florida | Filed: Jun 9, 2016 | Docket: 3072271

Cited 1 times | Published

tampering with physical evidence. See § 918.13, Fla. Stat. (2004). 4 .

Anthony Costanzo v. State

152 So. 3d 737, 2014 Fla. App. LEXIS 19604, 2014 WL 6775251

District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 2610811

Cited 1 times | Published

the State failed to establish a violation of section 918.13, Florida Statutes (2013). The evidence

Sharpe v. State

115 So. 3d 1021, 2013 WL 2232316, 2013 Fla. App. LEXIS 8219

District Court of Appeal of Florida | Filed: May 22, 2013 | Docket: 60232050

Cited 1 times | Published

statute for tampering with physical evidence is section 918.13, Florida Statutes; the maximum sentence allowable

Chapman v. State

36 So. 3d 822, 2010 Fla. App. LEXIS 7672, 2010 WL 2131772

District Court of Appeal of Florida | Filed: May 28, 2010 | Docket: 60294484

Cited 1 times | Published

substance was not altered and was not concealed.1 Section 918.13, Florida Statutes (2007), entitled “Tampering

Knight v. State

979 So. 2d 1130, 2008 WL 1696721

District Court of Appeal of Florida | Filed: Apr 14, 2008 | Docket: 2541951

Cited 1 times | Published

tampering with physical evidence in violation of section 918.13, Florida Statutes (2006). See Obas v. State

Sunbeam Television Corp. v. State

723 So. 2d 275, 1998 WL 439890

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 1319928

Cited 1 times | Published

fabricating physical evidence in violation of section 918.13, Florida Statutes; (2) conspiracy to do same;

Chang v. State of Florida

District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260115

Published

and tampering with evidence in violation of section 918.13, Florida Statutes (2022). Chang pleaded no

Robert Magneson v. State of Florida

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68510423

Published

that crime constituted fundamental error. Section 918.13, Florida Statutes (2018), entitled “Tampering

Norge Cruz v. The State of Florida

District Court of Appeal of Florida | Filed: Apr 17, 2024 | Docket: 68444166

Published

(defining the offense of criminal conspiracy); § 918.13(1)(a), Fla. Stat. (2017) (defining the offense

QUANAVIS LADON PENDER vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 9, 2023 | Docket: 66777671

Published

crime of tampering with evidence is codified at section 918.13, Florida Statutes (2019). The 2019 version

Bryan Turner v. Mike Williams

Court of Appeals for the Eleventh Circuit | Filed: Apr 7, 2023 | Docket: 63145395

Published

Argued: Mar 9, 2022

their post-OIS interviews. 25 Fla. Stat. § 918.13 stated at the time of Turner’s arrest:

CRICKET KATHLEEN TOOLE v. STATE OF FLORIDA

270 So. 3d 371

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560240

Published

(Fla. Dist. Ct. App. 1990))). 123 See FLA. STAT. § 918.13 (2014) (providing that it is a third-degree felony

CRICKET KATHLEEN TOOLE v. STATE OF FLORIDA

270 So. 3d 371

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560240

Published

(Fla. Dist. Ct. App. 1990))). 123 See FLA. STAT. § 918.13 (2014) (providing that it is a third-degree felony

Leonard v. State

192 So. 3d 1258, 2016 WL 3201073, 2016 Fla. App. LEXIS 8937

District Court of Appeal of Florida | Filed: Jun 10, 2016 | Docket: 3077249

Published

felony, and tampering with evidence contrary to section 918.13, Florida Statutes (2009), a third-degree felony

State v. Barnes

189 So. 3d 362, 2016 WL 1718867, 2016 Fla. App. LEXIS 6565

District Court of Appeal of Florida | Filed: Apr 29, 2016 | Docket: 60254481

Published

count of tampering with evidence pursuant to section 918.13, Florida Statutes (2014). We agree that the

James Hataway v. State of Florida

171 So. 3d 156, 2015 Fla. App. LEXIS 11078, 2015 WL 4463798

District Court of Appeal of Florida | Filed: Jul 22, 2015 | Docket: 2679181

Published

elements of tampering with evidence as provided in section 918.13(l)(a), Florida Statutes (2012). That section

Sanchez v. State

154 So. 3d 441, 2014 Fla. App. LEXIS 20935, 2014 WL 7443031

District Court of Appeal of Florida | Filed: Dec 31, 2014 | Docket: 60245485

Published

this evidence in the police investigation. See § 918.13(l)(a), Fla. Stat. (2012); Chapman v. State, 36

Sanchez v. State

District Court of Appeal of Florida | Filed: Dec 31, 2014 | Docket: 2620131

Published

this evidence in the police investigation. See § 918.13(1)(a), Fla. Stat. (2012); Chapman v. State, 36

Crew v. State

146 So. 3d 101, 2014 Fla. App. LEXIS 13451, 2014 WL 4249756

District Court of Appeal of Florida | Filed: Aug 29, 2014 | Docket: 60242802

Published

tampering with physical evidence in violation of section 918.13, Florida Statutes (2011). The jury found Appellant

Antonio R. Hernandez v. State of Florida

141 So. 3d 1247

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 378984

Published

but instead is under the tampering statute, section 918.13, Florida Statutes”). Because Hernandez

State v. Conley

98 So. 3d 108, 2012 Fla. App. LEXIS 11683, 2012 WL 2914033

District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60312093

Published

(2010); evidence tampering, in violation of section 918.13(l)(a), Florida Statutes (2010); possession

Williams v. State

87 So. 3d 826, 2012 WL 1698349, 2012 Fla. App. LEXIS 7826

District Court of Appeal of Florida | Filed: May 16, 2012 | Docket: 60308059

Published

convicted Dwayne Williams of tampering with evidence, § 918.13(l)(a), Fla. Stat. (2007). In this appeal he raises

Mingo v. State

86 So. 3d 1256, 2012 WL 1555096, 2012 Fla. App. LEXIS 7003

District Court of Appeal of Florida | Filed: May 4, 2012 | Docket: 60307612

Published

entered on a charge of tampering with evidence, section 918.13, Florida Statutes (2010). We find no trial

Reinlein v. State

75 So. 3d 853, 2011 Fla. App. LEXIS 20020, 2011 WL 6265412

District Court of Appeal of Florida | Filed: Dec 16, 2011 | Docket: 60303965

Published

evidence. Reinlein was charged with violating section 918.13(l)(a), Florida Statutes (2009), which provides

In Re Standard Jury Instructions in Criminal Cases-Report No. 2010-02

44 So. 3d 565, 35 Fla. L. Weekly Supp. 401, 2010 Fla. LEXIS 1049, 2010 WL 2606239

Supreme Court of Florida | Filed: Jul 1, 2010 | Docket: 2398649

Published

TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE § 918.13 Fla. Stat. To prove the crime of [Tampering with]

A.F. v. State

850 So. 2d 667, 2003 Fla. App. LEXIS 11705

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 64824136

Published

possession charge, but denied as to tampering. Section 918.13(l)(a), Florida Statutes (2003), states, in

Quiñones v. State

766 So. 2d 1165, 2000 Fla. App. LEXIS 11334

District Court of Appeal of Florida | Filed: Sep 6, 2000 | Docket: 64800313

Published

suppressing critical evidence from law enforcement. Section 918.13(1), Florida Statutes (1995), entitled "Tampering

C.K. v. State

753 So. 2d 617, 2000 Fla. App. LEXIS 1690

District Court of Appeal of Florida | Filed: Feb 23, 2000 | Docket: 64795927

Published

Order adjudicating him guilty, of violating section 918.13(l)(a), Florida Statutes, tampering with or

State v. Forchin

684 So. 2d 820, 22 Fla. L. Weekly Supp. 6, 1996 Fla. LEXIS 2138, 1996 WL 727133

Supreme Court of Florida | Filed: Dec 19, 1996 | Docket: 64769679

Published

SHAW, HARDING, WELLS and ANSTEAD, JJ., concur. . § 918.13, Fla. Stat. (1993). . In its opinion, the court

Smith v. State

661 So. 2d 912, 1995 Fla. App. LEXIS 10914, 20 Fla. L. Weekly Fed. D 2351

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 64759515

Published

with evidence, a third-degree felony under section 918.13, Florida Statutes (1993). Pursuant to section

Cook v. State

528 So. 2d 1311, 13 Fla. L. Weekly 1852, 1988 Fla. App. LEXIS 3608, 1988 WL 80908

District Court of Appeal of Florida | Filed: Aug 3, 1988 | Docket: 64636235

Published

and tampering with evidence in violation of section 918.13, Florida Statutes (1985). Section 330.40 provides

Florida Bar v. Adamo

493 So. 2d 450, 1986 Fla. LEXIS 2612, 11 Fla. L. Weekly 466

Supreme Court of Florida | Filed: Sep 4, 1986 | Docket: 64621311

Published

evidence, a third-degree felony, in violation of section 918.13(l)(a), Florida Statutes (1983). This Court

Florida Bar v. Smigiel

476 So. 2d 668, 10 Fla. L. Weekly 546, 1985 Fla. LEXIS 3795

Supreme Court of Florida | Filed: Oct 3, 1985 | Docket: 64614682

Published

Evidence, a third degree felony pursuant to Section 918.13, Florida Statutes, in the case of State of

Rader v. State

420 So. 2d 110, 1982 Fla. App. LEXIS 21696

District Court of Appeal of Florida | Filed: Oct 6, 1982 | Docket: 64592310

Published

tampering with physical evidence in violation of Section 918.13, Florida Statutes (1981). We reverse. The tampering