False Reports to Law Enforcement Authorities

The Florida legislature recently amended Section 837.05, F.S., making those guilty liable for investigation and prosecution costs and restitution to any third parties injured during the false report’s investigation. Those changes took effect on July 1, 2025. 

Under Florida law, Section 837.05, F.S., prohibits a person from knowingly giving false information to a law enforcement officer concerning the alleged commission of any crime, a violation of which is punishable as a first degree misdemeanor.

A person commits a third degree felony if he or she:

• Knowingly gives false information to a law enforcement officer concerning the commission of a capital
  felony; or
• Has a previous conviction for giving false information to a law enforcement officer concerning the
  commission of any crime and:
• The information that the person gave to the law enforcement officer was:
  • was communicated in writing; or
  • communicated orally and the officer’s account of that information is corroborated by:
    • An audio recording or audio recording in a video of that information;
    • A written or recorded statement made by the person who gave that information; or
    • Another person who was present when that person gave the information to the officer and
      heard that information.

Unless the false information concerns a capital offense, this crime is a misdemeanor of the first degree punishable by up to 12 months in jail. However, if the defendant was previously convicted of this crime and if certain conditions were met, the crime becomes a third degree felony. See § 837.05(1)(b), Fla. Stat., punishable by up to five years in prison.

Attorney for Crimes of False Reports in Florida

The attorneys at Sammis Law Firm are familiar with crimes related to perjury and making a false report to law enforcement authorities in Florida. Once you know you are the target of a criminal investigation for making a false report, seek out the services of an experienced criminal defense attorney.

We represent clients on crimes involving perjury including making a false report of a crime under Section 817.49, F.S., or making a false report to Law Enforcement Authorities under Section 837.05, F.S. The attorneys at Sammis Law Firm represents clients throughout central Florida. We can help you are every stage of the investigation or prosecution.

Call 813-250-0500.

Jury Instructions for Making a False Report to Law Enforcement

The Florida Supreme Court has approved standard jury instructions for the following offenses:

• 21.5 Giving False Information Concerning The Commission of A Crime, § 837.05(1), Fla. Stat.
• 21.6 Giving False Information Concerning The Commission of A Capital Felony, § 837.05(2), Fla. Stat.

For Section 837.05(1), the instruction was adopted in 2007 [965 So. 2d 811] and amended in 2014. No lesser included offenses have been identified for this offense. See Silvestri v. State, 332 So.2d 351, 354 (Fla. 4th DCA 1976).

The Jury Instruction in Chapter 21.5 for “GIVING FALSE INFORMATION CONCERNING THE COMMISSION OF A CRIME” under § 837.05(1), Fla. Stat. provides:

To prove the crime of Giving False Information Concerning the Commission of a Crime, the State must prove the following five elements beyond a reasonable doubt:

1. (Defendant) knowingly gave information about the alleged commission of a crime.
2. (Defendant) knew the information was false.
3. (Defendant) gave the false information to (name of law enforcement officer).
4. (Name of law enforcement officer) was a law enforcement officer.
5. (Defendant) knew that (name of law enforcement officer) was a law enforcement officer.

The court now instructs you that (crime alleged) is a crime and that a (do not name the officer, instead insert his or her official position, such as deputy sheriff or police officer) is a law enforcement officer.

If the State has alleged the third degree felony, do not read the allegation of a prior conviction and do not send the charging document into the jury room. If the defendant is found guilty of Giving False Information Concerning the Commission of a Crime, the historical fact of a prior conviction shall be determined in a bifurcated proceeding. State v. Harbaugh, 754 So. 2d 691 (Fla. 2000).

The court, if applicable, might give this additional instruction for purposes of determining whether enhanced penalties apply: 

You have found (defendant) guilty of Giving False Information Concerning the Commission of a Crime. You must now determine whether the State has proven beyond a reasonable doubt the following two elements:

1. (Defendant) was previously convicted of Giving False Information Concerning the Commission of a Crime in violation of Florida Statute 837.05(1).
2. Give 2a and/or 2b as applicable.
   • 2. a. The information (defendant) gave to (name of law enforcement officer) was communicated orally and (name of law enforcement officer’s) account of that information was corroborated by [an audio recording or audio recording in a video of that information] [a written or recorded statement made by (defendant)] [another person who was present and who heard (defendant) give the information to (name of law enforcement officer)].
   • 2.b. The information (defendant) gave to (name of law enforcement officer) was communicated in writing.

“Law enforcement officer” is not defined in chapter 837, Florida Statutes, or in case law interpreting and applying section 837.05. Trial judges may consult sections 790.001, 934.02, and 943.10 in deciding whether and how to define “law enforcement officer” for the jury.

For the enhancement section, there is no case law about whether an adjudication of guilt is necessary for there to be a prior conviction.

Related obstruction of justice crimes in Florida include make a false report of a crime under Section 817.49, F.S.

This article was last updated on Tuesday, November 4, 2025.