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Florida Statute 918.13 | Lawyer Caselaw & Research
F.S. 918.13 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 918
CONDUCT OF TRIAL
View Entire Chapter
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 Casetext

Amendments to 918.13


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



Annotations, Discussions, Cases:

Cases from cite.case.law:

TOOLE, v. STATE, 270 So. 3d 371 (Fla. App. Ct. 2019)

. . . . § 918.13 (2014) (providing that it is a third-degree felony for any "person, knowing that a criminal . . .

STATE v. ZACHERY,, 255 So. 3d 957 (Fla. App. Ct. 2018)

. . . See § 918.13, Fla. Stat. (2016). Mr. . . .

LEONARD, DOC v. STATE, 192 So. 3d 1258 (Fla. Dist. Ct. App. 2016)

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

L. LANDRUM, v. STATE, 192 So. 3d 459 (Fla. 2016)

. . . See § 918.13, Fla. Stat. (2004). . See § 921.0022, Fla. . . .

STATE v. C. BARNES,, 189 So. 3d 362 (Fla. Dist. Ct. App. 2016)

. . . The State appeals an order dismissing one count of tampering with evidence pursuant to section 918.13 . . . were insufficient to establish a prima facie case of tampering with evidence as prohibited by section 918.13 . . . with the purpose to impair its verity or availability in such proceeding or investigation .... ” § 918.13 . . .

HATAWAY, v. STATE, 171 So. 3d 156 (Fla. Dist. Ct. App. 2015)

. . . a reasonable doubt the existence of the elements of tampering with evidence as provided in section 918.13 . . .

SANCHEZ, v. STATE, 154 So. 3d 441 (Fla. Dist. Ct. App. 2014)

. . . See § 918.13(l)(a), Fla. Stat. (2012); Chapman v. State, 36 So.3d 822 (Fla. 5th DCA 2010); Hayes v. . . .

COSTANZO, v. STATE, 152 So. 3d 737 (Fla. Dist. Ct. App. 2014)

. . . We reverse the tampering conviction because the State failed to establish a violation of section 918.13 . . . Section 918.13, Florida Statutes (2013), provides in pertinent part: (1) No person, knowing that a criminal . . . equivocal conduct toward evidence is insufficient to demonstrate the intent necessary for a section 918.13 . . . that “swallowing a substance” demonstrates the necessary intent to amount to a violation of section 918.13 . . .

CREW, v. STATE, 146 So. 3d 101 (Fla. Dist. Ct. App. 2014)

. . . 777.011, Florida Statutes (2011); and (3) tampering with physical evidence in violation of section 918.13 . . .

R. HERNANDEZ, v. STATE, 141 So. 3d 1247 (Fla. Dist. Ct. App. 2014)

. . . “is not under section 893.13, Florida Statutes, but instead is under the tampering statute, section 918.13 . . .

SPENCE- JONES, v. RUNDLE,, 991 F. Supp. 2d 1221 (S.D. Fla. 2013)

. . . with a witness and concealing evidence, in violation of Florida Statutes Sections 914.22(l)(f) and 918.13 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 755 (Fla. 2013)

. . . adopted in 2009 [3 So.3d 1172] and amended in 2013. 21.8 TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE 918.13 . . .

JONES, v. STATE, 120 So. 3d 135 (Fla. Dist. Ct. App. 2013)

. . . See § 918.13, Fla. Stat. (2011). . . .

SHARPE, v. STATE, 115 So. 3d 1021 (Fla. Dist. Ct. App. 2013)

. . . primary offense date was June 10, 2006; the statute for tampering with physical evidence is section 918.13 . . .

STATE v. CONLEY,, 98 So. 3d 108 (Fla. Dist. Ct. App. 2012)

. . . violation of section 893.13(6)(a), Florida Statutes (2010); evidence tampering, in violation of section 918.13 . . .

WILLIAMS, v. STATE, 87 So. 3d 826 (Fla. Dist. Ct. App. 2012)

. . . A jury convicted Dwayne Williams of tampering with evidence, § 918.13(l)(a), Fla. Stat. (2007). . . .

MINGO, v. STATE, 86 So. 3d 1256 (Fla. Dist. Ct. App. 2012)

. . . Daryl Mingo appeals his conviction and sentence entered on a charge of tampering with evidence, section 918.13 . . .

R. SPADARO, v. CITY OF MIRAMAR,, 855 F. Supp. 2d 1317 (S.D. Fla. 2012)

. . . . § 1512(3)(b) and § 918.13 and § 914.22, Florida Statutes, withheld, concealed and/or destroyed evidence . . .

REINLEIN, v. STATE, 75 So. 3d 853 (Fla. Dist. Ct. App. 2011)

. . . Reinlein was charged with violating section 918.13(l)(a), Florida Statutes (2009), which provides as . . . We have found no cases that specifically deal with corpus delicti in the context of section 918.13. . . . clearly constitutes altering, destroying, concealing, or removing a ‘thing’ within the meaning of section 918.13 . . . Rather, Jennings could be found guilty under section 918.13 if a jury found “that Jennings knew an investigation . . .

A. HULS, v. C. LLABONA, a C. P. A. a, 437 F. App'x 830 (11th Cir. 2011)

. . . Practices Act); 843.0855(3) (making it a felony to knowingly prepare false court documents or orders); and 918.13 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 44 So. 3d 565 (Fla. 2010)

. . . Comment This instruction was adopted in 2010. 21.8 TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE § 918.13 . . .

CHAPMAN, v. STATE, 36 So. 3d 822 (Fla. Dist. Ct. App. 2010)

. . . Section 918.13, Florida Statutes (2007), entitled “Tampering with or fabricating physical evidence,” . . . object constitutes altering, destroying, concealing, or removing a “thing” within the meaning of section 918.13 . . . evidence away in the presence of a law enforcement officer does not constitute tampering under section 918.13 . . .

STATE v. MAJOR,, 30 So. 3d 608 (Fla. Dist. Ct. App. 2010)

. . . Section 918.13, Florida Statutes (2008), states that: (1) No person, knowing that a criminal trial or . . .

E. I. v. STATE, 25 So. 3d 625 (Fla. Dist. Ct. App. 2009)

. . . methamphetamine; instead, he was charged with attempted tampering with evidence pursuant to section 918.13 . . . Section 918.13 provides, in pertinent part: (1) No person, knowing that a criminal trial or proceeding . . .

F. KRAMER, v. STATE, 15 So. 3d 790 (Fla. Dist. Ct. App. 2009)

. . . . § 918.13(l)(a), Fla. Slat. (2008). . § 843.02, Fla. Stat.'(2008). . . . .

EVANS, v. STATE, 997 So. 2d 1281 (Fla. Dist. Ct. App. 2009)

. . . alteration of something for the purpose of impairing its availability for trial under Florida Statute 918.13 . . .

ANDERSON, v. STATE, 996 So. 2d 256 (Fla. Dist. Ct. App. 2008)

. . . Appellant was charged by a one-count information with tampering with evidence in violation of section 918.13 . . . See § 918.13(l)(a), Fla. Stat. . . .

UNITED STATES v. FLOYD,, 316 F. App'x 881 (11th Cir. 2008)

. . . attempted tampering with physical evidence (3F) in violation of FS 777.04(1), FS 777.04(4)(d) and FS 918.13 . . . charge in the information alleged that Floyd violated Florida Statute §§ 777.04(1), 777.04(4)(d), and 918.13 . . . Florida Statute § 918.13 is the substantive offense of tampering with physical evidence and is a third-degree . . . Stat. § 918.13. . . . Because a violation of Florida Statute § 918.13 is a level three third-degree felony, Fla. . . .

MORRIS, v. STATE, 989 So. 2d 753 (Fla. Dist. Ct. App. 2008)

. . . Section 918.13(l)(a), Florida Statutes (2006), provides that a person commits the offense of tampering . . .

KNIGHT, v. STATE, 979 So. 2d 1130 (Fla. Dist. Ct. App. 2008)

. . . We reverse Renardo Knight’s conviction for tampering with physical evidence in violation of section 918.13 . . .

FLORES, v. STATE, 974 So. 2d 556 (Fla. Dist. Ct. App. 2008)

. . . . § 918.13 Tampering with or Fabricating Physical Evidence. (1) No person, knowing that a criminal trial . . . thing with the purpose to impair its verity or availability in such proceeding or investigation. § 918.13 . . .

CHAMBERS, v. STATE, 975 So. 2d 444 (Fla. Dist. Ct. App. 2007)

. . . Chambers was also charged with tampering with evidence in violation of section 918.13, Florida Statute . . .

OBAS, v. STATE, 935 So. 2d 38 (Fla. Dist. Ct. App. 2006)

. . . Tampering with evidence is defined in section 918.13(1), Florida Statutes (2004) as follows: No person . . . clearly constitutes altering, destroying, concealing, or removing a “thing” within the meaning of section 918.13 . . .

STATE v. CARPENTER,, 899 So. 2d 1176 (Fla. Dist. Ct. App. 2005)

. . . fraud in violation of section 817.234(1); tampering with physical evidence in violation of section 918.13 . . . violation of section 817.49; Count 2 and Count 3 — Fabricating Physical Evidence in violation of section 918.13 . . . Section 918.13 provides: (1) No person, knowing that a criminal trial or proceeding or an investigation . . .

FLORIDA EVERGREEN FOLIAGE v. E. I. DUPONT DE NEMOURS AND COMPANY, a, 336 F. Supp. 2d 1239 (S.D. Fla. 2004)

. . . Statutes § 914.22, (4) tampering with or fabricating physical evidence in violation of Florida Statutes § 918.13 . . . ¶¶ 23, 25, 28, alleging violations of Fla Stats. §§ 817.034(4)(a) and (b), 837.02 and 837.021, and 918.13 . . .

CHAMBERS, v. STATE, 880 So. 2d 696 (Fla. Dist. Ct. App. 2004)

. . . . § 918.13, Fla. Stat. (2002). .There is also dicta in Guffey v. . . .

A. F. a v. STATE, 850 So. 2d 667 (Fla. Dist. Ct. App. 2003)

. . . Section 918.13(l)(a), Florida Statutes (2003), states, in pertinent part: (1) No person, knowing that . . .

A. BELL, a k a A. v. STATE, 835 So. 2d 392 (Fla. Dist. Ct. App. 2003)

. . . Section 918.13, Florida Statutes (2000), states in pertinent part: (1) No person, knowing that a criminal . . .

STATE v. HARPER,, 800 So. 2d 708 (Fla. Dist. Ct. App. 2001)

. . . . § 918.13(l)(a), Fla. Slat. (1999). . . .

QUI ONES, v. STATE, 766 So. 2d 1165 (Fla. Dist. Ct. App. 2000)

. . . Section 918.13(1), Florida Statutes (1995), entitled "Tampering with or fabricating physical evidence . . .

CASSELMAN, v. STATE, 761 So. 2d 482 (Fla. Dist. Ct. App. 2000)

. . . . § 918.13(l)(a), Fla.Stat. (1997). . Hernandez v. . . . Tampering with evidence is prohibited by section 918.13(l)(a), as follows: (1) No person, knowing that . . .

C. K. a v. STATE, 753 So. 2d 617 (Fla. Dist. Ct. App. 2000)

. . . C.K., seeks review of the Delinquency Disposition Order adjudicating him guilty, of violating section 918.13 . . . Section 918.13(l)(a), Florida Statutes (1997) states in pertinent part, (1) No person, knowing that a . . . whether the state had proved that Jennings had tampered with physical evidence in violation of section 918.13 . . . clearly constitutes altering, destroying, concealing or removing a ‘thing’ within the meaning of section 918.13 . . .

HERNANDEZ, v. STATE, 750 So. 2d 50 (Fla. Dist. Ct. App. 1999)

. . . charged by an information with one felony count of fabricating physical evidence, in violation of section 918.13 . . . (1997); one misdemeanor count of conspiracy to fabricate physical evidence, in violation of section 918.13 . . .

SUNBEAM TELEVISION CORPORATION, d b a WSVN d b a WPLG v. STATE, 723 So. 2d 275 (Fla. Dist. Ct. App. 1998)

. . . The charges are (1) fabricating physical evidence in violation of section 918.13, Florida Statutes; ( . . .

STATE v. FORCHIN,, 684 So. 2d 820 (Fla. 1996)

. . . . § 918.13, Fla. Stat. (1993). . . . . We held that for purposes of section 918.13, a trier of fact would not be precluded from finding that . . .

BALDWIN, v. STATE, 684 So. 2d 254 (Fla. Dist. Ct. App. 1996)

. . . On count two he was convicted of tampering with evidence in violation of section 918.13, Florida Statutes . . . is not under section 893.13, Florida Statutes, but instead is under the tampering statute, section 918.13 . . .

MORLEY S AUTO BODY, INC. a d b a s d b a s Ap- v. HUNTER, L. a s s, 70 F.3d 1209 (11th Cir. 1995)

. . . issued and Solow was arrested on a charge of tampering with evidence in violation of Fla.Stat. section 918.13 . . .

STATE v. JENNINGS,, 666 So. 2d 131 (Fla. 1995)

. . . Jennings was charged with tampering with physical evidence in violation of section 918.13, Florida Statutes . . . Section 918.13 provides, in pertinent part: (1) No person, knowing that a criminal trial or proceeding . . . not constitute altering, destroying, concealing, or removing a “thing” within the meaning of section 918.13 . . . Section 918.13 proscribes the altering, destroying, concealing or removing of "any record, document, . . . Jennings can be found guilty of tampering under section 918.13 if a trier of fact finds that Jennings . . .

SMITH, v. STATE, 661 So. 2d 912 (Fla. Dist. Ct. App. 1995)

. . . was charged in Count II with attempted tampering with evidence, a third-degree felony under section 918.13 . . .

STATE v. JENNINGS,, 647 So. 2d 294 (Fla. Dist. Ct. App. 1994)

. . . State appeals the dismissal of a charge of tampering with physical evidence in violation of section 918.13 . . . court found the facts were insufficient to establish that the defendant’s conduct violated section 918.13 . . . That section provides: 918.13. . . .

McKINNEY, a k a a k a v. STATE, 640 So. 2d 1183 (Fla. Dist. Ct. App. 1994)

. . . Despite the general subject matter of the chapter, section 918.13(1), Florida Statutes (1991), states . . . In recent years, the state has begun to use section 918.13 to prosecute a person for concealing or destroying . . . SCHOONOVER, A.C.J., and BLUE, J„ concur. . § 893.13(1)(e), Fla.Stat. (1991); § 918.13, Fla.Stat. (1991 . . .

HAYES, v. STATE, 634 So. 2d 1153 (Fla. Dist. Ct. App. 1994)

. . . that the proof was insufficient to sustain his conviction for tampering with evidence under section 918.13 . . .

McKENZIE, v. STATE, 632 So. 2d 276 (Fla. Dist. Ct. App. 1994)

. . . Defendant was convicted of tampering with evidence, a third degree felony under section 918.13(l)(a), . . .

L. MUNROE, v. STATE, 629 So. 2d 263 (Fla. Dist. Ct. App. 1993)

. . . evidence on the ground that his actions did not constitute tampering within the meaning of section 918.13 . . . Section 918.13 states: (1) No person, knowing that a criminal trial or proceeding or an investigation . . . purpose of impairing its availability for criminal trial, as contemplated by the legislature in section 918.13 . . .

W. HUSTON, v. STATE, 616 So. 2d 1214 (Fla. Dist. Ct. App. 1993)

. . . firearm by a convicted felon (§ 790.23, Fla.Stat. (1989)); one count of tampering with evidence (§ 918.13 . . .

JONES, v. STATE, 590 So. 2d 982 (Fla. Dist. Ct. App. 1991)

. . . Robert Lee Jones has appealed from his conviction of tampering with evidence, contrary to section 918.13 . . . Jones was subsequently charged with tampering with evidence, contrary to section 918.13(l)(a). . . . court held that this act was not intended by the legislature to constitute tampering under section 918.13 . . . the act of keeping the drug on his person cannot be said to “impair its availability for trial.” § 918.13 . . . during the fall, under Boice and Thomas, this conduct does not rise to the level contemplated by section 918.13 . . .

THOMAS, v. STATE, 581 So. 2d 993 (Fla. Dist. Ct. App. 1991)

. . . Section 918.13, Florida Statutes (1987): (1) No person, knowing that a criminal trial or proceeding or . . .

BOICE, v. STATE, 560 So. 2d 1383 (Fla. Dist. Ct. App. 1990)

. . . Section 918.13, Florida Statutes (1987), states: (1) No person, knowing that a criminal trial or proceeding . . .

COOK, v. STATE, 528 So. 2d 1311 (Fla. Dist. Ct. App. 1988)

. . . violation of section 330.40, Florida Statutes (1985), and tampering with evidence in violation of section 918.13 . . . Section 918.13 provides in pertinent part: (1) No person, knowing that a criminal trial or proceeding . . . 330.40; (5) the evidence was insufficient to support defendant’s conviction of a violation of section 918.13 . . . s contention (5) as to the sufficiency of the evidence for his conviction of a violation of section 918.13 . . . The conviction for the violation of section 918.13 is affirmed. . . .

THE FLORIDA BAR, v. A. ADAMO,, 493 So. 2d 450 (Fla. 1986)

. . . member of the Florida Bar, for tampering with evidence, a third-degree felony, in violation of section 918.13 . . .

THE FLORIDA BAR, v. G. SMIGIEL,, 476 So. 2d 668 (Fla. 1985)

. . . information on October 29, 1981 with Tampering with Evidence, a third degree felony pursuant to Section 918.13 . . .

McNEIL, v. STATE, 438 So. 2d 960 (Fla. Dist. Ct. App. 1983)

. . . .-014(2)(b)l, Fla.Stat. (1981), and tampering with evidence, sec. 918.13(l)(a), Fla.Stat. (1981). . . . That act of shredding the form is the basis for charging that McNeil violated section 918.13(l)(a), Florida . . .

SMIGIEL, v. STATE, 439 So. 2d 239 (Fla. Dist. Ct. App. 1983)

. . . sentence of three years in prison for the crime of tampering with evidence, in violation of section 918.13 . . . We likewise reject appellant’s contentions that section 918.13, Florida Statutes is unconstitutionally . . . United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). . 918.13 Tampering with or fabricating . . .

S. RADER, v. STATE, 420 So. 2d 110 (Fla. Dist. Ct. App. 1982)

. . . was convicted of the third degree felony of tampering with physical evidence in violation of Section 918.13 . . . The appellant was charged with violating Section 918.13, Florida Statutes (1972), which provides: 918.13 . . .

G. PAYTE, v. UNITED STATES, 626 F.2d 400 (5th Cir. 1980)

. . . tax liability in the amount of $16,546.90, with additional interest of $3,242.97 and a penalty of $918.13 . . .

G. PAYTE v. UNITED STATES, 492 F. Supp. 518 (N.D. Tex. 1979)

. . . assessed tax liability for 1968 of $16,546.90, with additional interest of $3,242.97 and a penalty of $918.13 . . .

STATE v. NEWS- PRESS PUBLISHING COMPANY, a k a a, 338 So. 2d 1313 (Fla. Dist. Ct. App. 1976)

. . . The statute which the News-Press was charged with violating reads as follows: “918.13 Tampering with . . . These statements were pertinent to the prosecution of this case because the gravamen of Section 918.13 . . . If he had the knowledge of a criminal trial, proceeding or investigation as set forth in Section 918.13 . . .

ROBESON- POWELL DRUG CO. v. UNITED STATES, 77 F. Supp. 606 (D. Kan. 1948)

. . . June 8 and December 22, 1942, respectively, and paid Income Taxes for the year 1942 in the amount of $918.13 . . . total amount of Income Taxes paid by the plaintiff for the year 1942, that is to say, for a refund of $918.13 . . . (h) The plaintiff paid Income Taxes for the year 1942 in the amount of $918.13 in three installments . . . plaintiff, with respect to 1942 taxes, is entitled to judgment against the defendant in the amount of $918.13 . . . Revenue Code, and that the plaintiff have judgment with respect to the 1942 taxes in the amount of $918.13 . . .

MONTGOMERY v. AMERICAN EMPLOYERS INS. CO. SAME v. UNITED STATES CASUALTY CO., 22 F. Supp. 476 (D. Del. 1938)

. . . equity in this court to restrain the plaintiff in the judgment from having execution for more than $14,-918.13 . . .

ELIAS E. BARNES ET AL. v. THE DISTRICT OF COLUMBIA SAMUEL J. RITCHIE v. THE SAME, 22 Ct. Cl. 366 (Ct. Cl. 1887)

. . . over 200 ft., at 1 ct. per 200 ft. over 200 ............................................. 2,425.38 24. 918.13 . . .