Florida Senate - 2013                              CS for SB 400
       
       
       
       By the Committee on Criminal Justice; and Senator Dean
       
       
       
       
       591-02195-13                                           2013400c1
    1                        A bill to be entitled                      
    2         An act relating to false reports to law enforcement
    3         officers; amending s. 837.05, F.S.; providing that it
    4         is a third degree felony to knowingly give false
    5         information to a law enforcement officer concerning
    6         the alleged commission of a crime if the defendant has
    7         previously been convicted of such offense and the
    8         information is communicated in writing, or, if the
    9         information is communicated orally, the information is
   10         corroborated in a specified manner; providing an
   11         effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 837.05, Florida Statutes, is amended to
   16  read:
   17         837.05 False reports to law enforcement authorities.—
   18         (1)(a) Except as provided in paragraph (b) or subsection
   19  (2), a person who whoever knowingly gives false information to a
   20  any law enforcement officer concerning the alleged commission of
   21  any crime, commits a misdemeanor of the first degree, punishable
   22  as provided in s. 775.082 or s. 775.083.
   23         (b) A person who commits a violation of paragraph (a)
   24  commits a felony of the third degree, punishable as provided in
   25  s. 775.082, s. 775.083, or s. 775.084, if the person has
   26  previously been convicted of a violation of paragraph (a) and
   27  subparagraph 1. or 2. applies:
   28         1. The information the person gave to the law enforcement
   29  officer was communicated orally and the officer’s account of
   30  that information is corroborated by:
   31         (a) An audio recording or audio recording in a video of
   32  that information;
   33         (b) A written or recorded statement made by the person who
   34  gave that information; or
   35         (c) Another person who was present when the person gave
   36  that information to the officer and heard that information.
   37         2. The information the person gave to the law enforcement
   38  officer was communicated in writing.
   39         (2) A person who Whoever knowingly gives false information
   40  to a law enforcement officer concerning the alleged commission
   41  of a capital felony, commits a felony of the third degree,
   42  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   43         Section 2. This act shall take effect October 1, 2013.