STORAGE NAME: h0279.CRM
DATE: 3/10/2025
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FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 279
TITLE: Misuse of Emergency Communications Systems
SPONSOR(S): Partington
COMPANION BILL: SB 278 (Wright)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Criminal Justice
Economic Infrastructure
Judiciary
SUMMARY
Effect of the Bill:
HB 279 revises offenses related to misusing the 911 system and requires a person who is convicted of misusing the
911 system to pay restitution for the cost of the emergency response. The bill:
Creates a third degree felony if a person makes a false report of an emergency using the 911 system and the
resulting emergency response results in bodily injury or property damage.
Deletes an enhanced penalty if a person misuses the 911 system and receives a service valued at $100 or
greater.
Requires a court to order a person convicted of misusing the 911 system to pay restitution to a responding
public safety agency, including full payment for bodily injury or property damage caused by the response.
Fiscal or Economic Impact:
The bill may have an indeterminate positive prison bed impact by creating a new felony offense for misusing the
911 system which results in bodily injury or property damage, which could lead to increased prison admissions.
The bill requires a court to order a person who is convicted of misusing the 911 system to pay restitution to any
responding public safety agency. To the extent that public safety agencies are expending funds by responding to
emergency calls resulting from misuse of the 911 system, there may be an indeterminate positive fiscal impact on
such agencies that would be eligible to receive restitution under the bill.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Misusing the 911 System
The bill provides an enhanced penalty if the public safety agency response to a false report of an emergency that
was made using the 911 system results in property damage or bodily injury. Under the bill, a person commits a
third degree felony
1 if:
He or she misuses the 911 system by making a false report or complaint or reporting false information that
could lead to an emergency response; and
The subsequent emergency response results in bodily injury or property damage as a proximate result of
lawful conduct arising out of such a response.
The third degree felony offense created by the bill is unranked on the offense severity ranking chart (OSRC) and
thus defaults to a Level 1 offense. (Section 1)
The bill deletes an enhanced penalty that makes misusing the 911 system punishable as a third degree felony if the
value of the service obtained by misuse of the system is $100 or greater. (Section1)
1 A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or 775.084, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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The bill requires a court to order any person convicted of misusing the 911 system to pay restitution to a
responding public safety agency. The bill specifies that the restitution must include the full payment of any cost
incurred by such agency, including the cost for any bodily injury or property damage caused by an emergency
response. (Section 1)
The effective date of the bill is upon becoming a law. (Section 2)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate positive prison bed impact by creating a new felony offense for misusing the
911 system which results in bodily injury or property damage, which could lead to increased prison admissions.
LOCAL GOVERNMENT:
The bill requires a court to order a person who is convicted of misusing the 911 system to pay restitution to any
responding public safety agency. To the extent that public safety agencies are expending funds by responding to
emergency calls resulting from misuse of the 911 system, there may be an indeterminate positive fiscal impact on
such agencies that would be eligible to receive restitution under the bill.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
False Reports of Emergencies
Misusing the 911 System
Section 365.172, F.S., prohibits a person from:
Accessing the 911 system for the purpose of making a false alarm or complaint or reporting false
information that could result in an emergency response of any public safety agency;
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Knowingly using or attempting to use the 911 system for a purpose other than public safety assistance; or
Knowingly using or attempting to use the 911 system in an effort to avoid any charge for service.
A violation is punishable as a first degree misdemeanor. A person commits a third degree felony if he or she
misuses the 911 system and:
The person has four prior convictions for misusing the 911 system; or
The value of the service or the service charge obtained by misusing the 911 system exceeds $100.
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The felony is unranked on the OSRC and thus defaults to a Level 1 offense.
False Reports of Crimes
Section 817.49, F.S., prohibits a person from willfully imparting, conveying, or causing to be imparted or conveyed
to any law enforcement officer or employee of a public safety agency, false information or reports concerning the
commission of any crime when the person knows the report is false and that no such crime has been committed. A
violation is punishable as a first degree misdemeanor.
4 If person willfully makes a false report of a crime and the
response by a public safety agency results in:
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 a false report commits a third degree
felony, which is ranked as a Level 3 offense on the offense severity ranking chart (OSRC).
Death to any person as a proximate result of lawful conduct arising out of a response, the person making
such a false report commits a second degree felony, which is ranked as a Level 6 offense on the OSRC.
2 “Public safety agency” means a functional division of a public agency which provides firefighting, law enforcement, medical, or other
emergency services. S. 365.172(3)(z), F.S.
3 S. 365.172, F.S.
4 S. 817.49(1), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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A court must order a person who is convicted of making a false report of a crime to pay restitution, which must
include full payment for any cost incurred by a responding public safety agency.
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Offense Severity Ranking Chart
Felony offenses subject to the Criminal Punishment Code (CPC) are listed in a single offense severity ranking chart
(OSRC), which uses 10 offense levels to rank felonies from least severe (Level 1) to most severe (Level 10). Each
felony offense is assigned to a level according to the severity of the offense, commensurate with the harm or
potential for harm to the community that is caused by the offense, as determined by statute. A person’s primary
offense, any other current offenses, and prior offenses are scored using the points designated for the offense
severity level of each offense. The final calculation, following the scoresheet formula, determines the lowest
permissible sentence that the trial court may impose, absent a valid reason for departure.
6 If an offense is
unranked, the CPC specifies a default level on the OSRC depending on the felony degree of the offense.
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Criminal Justice Subcommittee Hall Padgett
Economic Infrastructure
Subcommittee
Judiciary Committee
5 S. 817.49(3), F.S.
6 S. 921.0022, F.S.
7 S. 921.0023, F.S.