Chapter 817 Section 49 - 2023 Florida Statutes

2023 Florida Statutes

Title XLVI CRIMES

Chapter 817 FRAUDULENT PRACTICES

SECTION 49False reports of commission of crimes; penalty.

817.49 False reports of commission of crimes; penalty.—

(1) Except as provided in subsection (2), whoever willfully imparts, conveys, or causes to be imparted or conveyed to a law enforcement officer or employee of a public safety agency false information or reports concerning the alleged commission of any crime under the laws of this state, knowing such information or report to be false, when no such crime has actually been committed, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)(a) As used in this section, the term “public safety agency” means a law enforcement agency, professional or volunteer fire department, emergency medical service, ambulance service, or other public entity that dispatches or provides first responder services to respond to crimes, to assist victims of crimes, or to apprehend offenders.

(b) If the willful making of a false report of a crime as set forth in this section results in a response by a federal, state, district, municipal, or other public safety agency and the response results in:

1. Great bodily harm, permanent disfigurement, or permanent disability to any person as a proximate result of lawful conduct arising out of a response, the person making such report commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. Death to any person as a proximate result of lawful conduct arising out of a response, the person making such report commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A court shall order any person convicted of violating this section to pay restitution, which shall include full payment for any cost incurred by a responding public safety agency.

History.—s. 1, ch. 59-294; s. 875, ch. 71-136; s. 1, ch. 2021-64.