Florida 2025 Regular Session

Florida House Bill H0279 Latest Draft

Bill / Comm Sub Version Filed 04/08/2025

                               
 
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A bill to be entitled 1 
An act relating to false reporting; amending s. 2 
365.172, F.S.; providing enhanced criminal penalties 3 
for a specified violation relating to the use of 4 
emergency communications services which results in 5 
great bodily harm, permanent disfigurement, permanent 6 
disability, or death; revising requirements for a 7 
specified violation relating to continued misuse of 8 
emergency communications services; defining the term 9 
"conviction"; providing that a conviction includes a 10 
determination of guilt regardless of whether 11 
adjudication is withheld or a plea of nolo contendere 12 
is entered; requiring courts to order a person 13 
convicted of a violation to pay the costs of 14 
prosecution and investigation and restitution for 15 
certain damages and injuries; providing requirements 16 
for such restitution; amending s. 837.05, F.S.; 17 
requiring courts to order a person convicted of a 18 
violation to pay the costs of prosecution and 19 
investigation and restituti on for certain damages and 20 
injuries; providing requirements for such restitution; 21 
amending s. 921.0022, F.S.; ranking offenses on the 22 
offense severity ranking chart of the Criminal 23 
Punishment Code; providing an effective date. 24 
 25     
 
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Be It Enacted by the Leg islature of the State of Florida: 26 
 27 
 Section 1.  Subsection (14) of section 365.172, Florida 28 
Statutes, is amended to read: 29 
 365.172  Emergency communications. — 30 
 (14)  MISUSE OF 911, E911, OR NG911 SYSTEM; PENALTY. —911, 31 
E911, and NG911 service must be used solely for emergency 32 
communications by the public. 33 
 (a)  A any person who does any of the following commits a 34 
misdemeanor of the first degree, punishable as provided in s. 35 
775.082 or s. 775.083: 36 
 1. Accesses or causes another party to access the number 37 
911 for the purpose of making a false alarm or complaint or 38 
reporting false information that could result in the emergency 39 
response of any public safety agency .; any person who 40 
 2. Knowingly uses or attempts to use such service for a 41 
purpose other than obt aining public safety assistance .; or any 42 
person who 43 
 3. Knowingly uses or attempts to use such service in an 44 
effort to avoid any charge for service , commits a misdemeanor of 45 
the first degree, punishable as provided in s. 775.082 or s. 46 
775.083. 47 
 (b)  If a person violates subparagraph (a)1. and the 48 
subsequent emergency response by a public safety agency results 49 
in: 50     
 
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 1.  Great bodily harm, permanent disfigurement, or 51 
permanent disability to any person as a proximate result of 52 
lawful conduct arising out of the emergency response, the person 53 
commits a felony of the third degree, punishable as provided in 54 
s. 775.082, s. 775.083, or s. 775.084. 55 
 2.  Death to any person as a proximate result of lawful 56 
conduct arising out of the emergency response, the person 57 
commits a felony of the second degree, punishable as provided in 58 
s. 775.082, s. 775.083, or s. 775.084. 59 
 (c) After having two or more convictions being convicted 60 
of unauthorized use of emergency communications services such 61 
service four times, a person who continues to engage in such 62 
unauthorized use commits a felony of the third degree, 63 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 64 
As used in this paragraph, the term "conviction" means a 65 
determination of guilt that is the result of a plea agr eement or 66 
a trial, regardless of whether adjudication is withheld or a 67 
plea of nolo contendere is entered. 68 
 (d)  A court shall order any person convicted of violating 69 
this subsection to pay: 70 
 1.  The costs of prosecution and investigation under s. 71 
938.27. 72 
 2.  Restitution to a responding public safety agency and 73 
any other victim who suffers damage or injury as a proximate 74 
result of lawful conduct arising out of an emergency response. 75     
 
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The restitution must include the full payment of any cost 76 
incurred by a responding public safety agency In addition, if 77 
the value of the service or the service charge obtained in a 78 
manner prohibited by this subsection exceeds $100, the person 79 
committing the offense commits a felony of the third degree, 80 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084 . 81 
 Section 2.  Subsection (3) is added to section 837.05, 82 
Florida Statutes, to read: 83 
 837.05  False reports to law enforcement authorities. — 84 
 (3)  A court shall order any person convicted of violating 85 
this section to pay: 86 
 (a)  The costs of prosecution and investigation under s. 87 
938.27. 88 
 (b)  Restitution to any victim who suffers damage or injury 89 
as a proximate result of lawful conduct arising out of a law 90 
enforcement response. 91 
 Section 3.  Paragraphs (b) and (e) of subsection (3) of 92 
section 921.0022, Florida Statutes, are amended to read: 93 
 921.0022  Criminal Punishment Code; offense severity 94 
ranking chart.— 95 
 (3)  OFFENSE SEVERITY RANKING CHART 96 
 (b)  LEVEL 2 97 
 98 
Florida 
Statute 
Felony 
Degree 	Description     
 
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 99 
365.172(14)(b)1. 3rd Misuse of emergency 
communications system causing 
great bodily harm, permanent 
disfigurement, or permanent 
disability. 
 100 
379.2431 
  (1)(e)3. 
3rd Possession of 11 or fewer 
marine turtle eggs in violation 
of the Marine Turtle Protection 
Act. 
 101 
379.2431 
  (1)(e)4. 
3rd Possession of more than 11 
marine turtle eggs in violation 
of the Marine Turtle Protection 
Act. 
 102 
403.413(6)(c) 3rd Dumps waste litter exceeding 
500 lbs. in weight or 100 cubic 
feet in volume or any quantity 
for commercial purposes, or 
hazardous waste. 
 103 
517.07(2) 3rd Failure to furnish a prospectus 
meeting requirements.     
 
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 104 
590.28(1) 3rd Intentional burning of lands. 
 105 
784.03(3) 3rd Battery during a riot or an 
aggravated riot. 
 106 
784.05(3) 3rd Storing or leaving a loaded 
firearm within reach of minor 
who uses it to inflict injury 
or death. 
 107 
787.04(1) 3rd In violation of court order, 
take, entice, etc., minor 
beyond state limits. 
 108 
806.13(1)(b)3. 3rd Criminal mischief; damage 
$1,000 or more to public 
communication or any other 
public service. 
 109 
806.13(3) 3rd Criminal mischief; damage of 
$200 or more to a memorial or 
historic property. 
 110 
810.061(2) 3rd Impairing or impeding telephone     
 
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or power to a dwelling; 
facilitating or furthering 
burglary. 
 111 
810.09(2)(d) 3rd Trespassing on posted 
commercial horticulture 
property. 
 112 
812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 
or more but less than $5,000. 
 113 
812.014(2)(d)1. 3rd Grand theft, 3rd degree; $40 or 
more but less than $750, taken 
from dwelling or its unenclosed 
curtilage. 
 114 
812.014(2)(e)2. 3rd Petit theft, 1st degree; less 
than $40 taken from dwelling or 
its unenclosed curtilage with 
one prior theft conviction. 
 115 
812.015(7) 3rd Possession, use, or attempted 
use of an antishoplifting or 
inventory control device 
countermeasure.     
 
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 116 
817.234(1)(a)2. 3rd False statement in support of 
insurance claim. 
 117 
817.481(3)(a) 3rd Obtain credit or purchase with 
false, expired, counterfeit, 
etc., credit card, value over 
$300. 
 118 
817.52(3) 3rd Failure to redeliver hired 
vehicle. 
 119 
817.54 	3rd With intent to defraud, obtain 
mortgage note, etc., by false 
representation. 
 120 
817.60(5) 3rd Dealing in credit cards of 
another. 
 121 
817.60(6)(a) 3rd Forgery; purchase goods, 
services with false card. 
 122 
817.61 	3rd Fraudulent use of credit cards 
over $100 or more within 6 
months.     
 
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 123 
826.04 	3rd Knowingly marries or has sexual 
intercourse with person to whom 
related. 
 124 
831.01 	3rd Forgery. 
 125 
831.02 	3rd Uttering forged instrument; 
utters or publishes alteration 
with intent to defraud. 
 126 
831.07 	3rd Forging bank bills, checks, 
drafts, or promissory notes. 
 127 
831.08 	3rd Possessing 10 or more forged 
notes, bills, checks, or 
drafts. 
 128 
831.09 	3rd Uttering forged notes, bills, 
checks, drafts, or promissory 
notes. 
 129 
831.11 	3rd Bringing into the state forged 
bank bills, checks, drafts, or 
notes.     
 
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 130 
832.05(3)(a) 3rd Cashing or depositing item with 
intent to defraud. 
 131 
843.01(2) 3rd Resist police canine or police 
horse with violence; under 
certain circumstances. 
 132 
843.08 	3rd False personation. 
 133 
843.19(3) 3rd Touch or strike police, fire, 
SAR canine or police horse. 
 134 
893.13(2)(a)2. 3rd Purchase of any s. 
893.03(1)(c), (2)(c)1., 
(2)(c)2., (2)(c)3., (2)(c)6., 
(2)(c)7., (2)(c)8., (2)(c)9., 
(2)(c)10., (3), or (4) drugs 
other than cannabis. 
 135 
893.147(2) 3rd Manufacture or delivery of drug 
paraphernalia. 
 136 
 (e)  LEVEL 5 137 
 138     
 
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Florida 
Statute 
Felony 
Degree 	Description 
 139 
316.027(2)(a) 3rd Accidents involving personal 
injuries other than serious 
bodily injury, failure to stop; 
leaving scene. 
 140 
316.1935(4)(a) 2nd Aggravated fleeing or eluding. 
 141 
316.80(2) 2nd Unlawful conveyance of fuel; 
obtaining fuel fraudulently. 
 142 
322.34(6) 3rd Careless operation of motor 
vehicle with suspended license, 
resulting in death or serious 
bodily injury. 
 143 
327.30(5) 3rd Vessel accidents involving 
personal injury; leaving scene. 
 144 
365.172(14)(b)2. 2nd Misuse of emergency 
communications system resulting 
in death. 
 145     
 
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379.365(2)(c)1. 3rd Violation of rules relating to: 
willful molestation of stone 
crab traps, lines, or buoys; 
illegal bartering, trading, or 
sale, conspiring or aiding in 
such barter, trade, or sale, or 
supplying, agreeing to supply, 
aiding in supplying, or giving 
away stone crab trap tags or 
certificates; making, altering, 
forging, counterfeiting, or 
reproducing stone crab trap 
tags; possession of forged, 
counterfeit, or imitation stone 
crab trap tags; and engaging in 
the commercial harvest of stone 
crabs while license is 
suspended or revoked. 
 146 
379.367(4) 3rd Willful molestation of a 
commercial harvester's spiny 
lobster trap, line, or buoy. 
 147 
379.407(5)(b)3. 3rd Possession of 100 or more 
undersized spiny lobsters.     
 
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 148 
381.0041(11)(b) 3rd Donate blood, plasma, or organs 
knowing HIV positive. 
 149 
440.10(1)(g) 2nd Failure to obtain workers' 
compensation coverage. 
 150 
440.105(5) 2nd Unlawful solicitation for the 
purpose of making workers' 
compensation claims. 
 151 
440.381(2) 3rd Submission of false, 
misleading, or incomplete 
information with the purpose of 
avoiding or reducing workers' 
compensation premiums. 
 152 
624.401(4)(b)2. 2nd Transacting insurance without a 
certificate or authority; 
premium collected $20,000 or 
more but less than $100,000. 
 153 
626.902(1)(c) 2nd Representing an unauthorized 
insurer; repeat offender. 
 154     
 
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790.01(3) 3rd Unlawful carrying of a 
concealed firearm. 
 155 
790.162 	2nd Threat to throw or discharge 
destructive device. 
 156 
790.163(1) 2nd False report of bomb, 
explosive, weapon of mass 
destruction, or use of firearms 
in violent manner. 
 157 
790.221(1) 2nd Possession of short-barreled 
shotgun or machine gun. 
 158 
790.23 	2nd Felons in possession of 
firearms, ammunition, or 
electronic weapons or devices. 
 159 
796.05(1) 2nd Live on earnings of a 
prostitute; 1st offense. 
 160 
800.04(6)(c) 3rd Lewd or lascivious conduct; 
offender less than 18 years of 
age. 
 161     
 
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800.04(7)(b) 2nd Lewd or lascivious exhibition; 
offender 18 years of age or 
older. 
 162 
806.111(1) 3rd Possess, manufacture, or 
dispense fire bomb with intent 
to damage any structure or 
property. 
 163 
810.145(4)(c) 3rd Commercial digital voyeurism 
dissemination. 
 164 
810.145(7)(a) 2nd Digital voyeurism; 2nd or 
subsequent offense. 
 165 
810.145(8)(a) 2nd Digital voyeurism; certain 
minor victims. 
 166 
812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft 
from 20 or more dwellings or 
their unenclosed curtilage, or 
any combination. 
 167 
812.0145(2)(b) 2nd Theft from person 65 years of 
age or older; $10,000 or more     
 
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but less than $50,000. 
 168 
812.015 
  (8)(a) & (c)-
(e) 
3rd Retail theft; property stolen 
is valued at $750 or more and 
one or more specified acts. 
 169 
812.015(8)(f) 3rd Retail theft; multiple thefts 
within specified period. 
 170 
812.015(8)(g) 3rd Retail theft; committed with 
specified number of other 
persons. 
 171 
812.019(1) 2nd Stolen property; dealing in or 
trafficking in. 
 172 
812.081(3) 2nd Trafficking in trade secrets. 
 173 
812.131(2)(b) 3rd Robbery by sudden snatching. 
 174 
812.16(2) 3rd Owning, operating, or 
conducting a chop shop. 
 175 
817.034(4)(a)2. 2nd Communications fraud, value 
$20,000 to $50,000.     
 
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 176 
817.234(11)(b) 2nd Insurance fraud; property value 
$20,000 or more but less than 
$100,000. 
 177 
817.2341(1), 
  (2)(a) & 
(3)(a) 
3rd Filing false financial 
statements, making false 
entries of material fact or 
false statements regarding 
property values relating to the 
solvency of an insuring entity. 
 178 
817.568(2)(b) 2nd Fraudulent use of personal 
identification infor mation; 
value of benefit, services 
received, payment avoided, or 
amount of injury or fraud, 
$5,000 or more or use of 
personal identification 
information of 10 or more 
persons. 
 179 
817.611(2)(a) 2nd Traffic in or possess 5 to 14 
counterfeit credit cards or 
related documents.     
 
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 180 
817.625(2)(b) 2nd Second or subsequent fraudulent 
use of scanning device, 
skimming device, or reencoder. 
 181 
825.1025(4) 3rd Lewd or lascivious exhibition 
in the presence of an elderly 
person or disabled adult. 
 182 
828.12(2) 3rd Tortures any animal with intent 
to inflict intense pain, 
serious physical injury, or 
death. 
 183 
836.14(4) 2nd Person who willfully promotes 
for financial gain a sexually 
explicit image of an 
identifiable person without 
consent. 
 184 
839.13(2)(b) 2nd Falsifying records o f an 
individual in the care and 
custody of a state agency 
involving great bodily harm or 
death.     
 
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 185 
843.01(1) 3rd Resist officer with violence to 
person; resist arrest with 
violence. 
 186 
847.0135(5)(b) 2nd Lewd or lascivious exhibition 
using computer; offender 18 
years or older. 
 187 
847.0137 
  (2) & (3) 
3rd Transmission of pornography by 
electronic device or equipment. 
 188 
847.0138 
  (2) & (3) 
3rd Transmission of material 
harmful to minors to a minor by 
electronic device or equipment. 
 189 
874.05(1)(b) 2nd Encouraging or recruiting 
another to join a criminal 
gang; second or subsequent 
offense. 
 190 
874.05(2)(a) 2nd Encouraging or recruiting 
person under 13 years of age to 
join a criminal gang. 
 191     
 
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893.13(1)(a)1. 2nd Sell, manufacture, or deliver 
cocaine (or other s. 
893.03(1)(a), (1)(b), (1)(d), 
(2)(a), (2)(b), or (2)(c)5. 
drugs). 
 192 
893.13(1)(c)2. 2nd Sell, manufacture, or deliver 
cannabis (or other s. 
893.03(1)(c), (2)(c)1., 
(2)(c)2., (2)(c)3., (2)(c)6., 
(2)(c)7., (2)(c)8., (2)(c)9., 
(2)(c)10., (3), or (4) drugs) 
within 1,000 feet of a child 
care facility, school, or 
state, county, or municipal 
park or publicly owned 
recreational facility or 
community center. 
 193 
893.13(1)(d)1. 1st Sell, manufacture, or deliver 
cocaine (or other s. 
893.03(1)(a), (1)(b), (1)(d), 
(2)(a), (2)(b), or (2)(c)5. 
drugs) within 1,000 feet of 
university.     
 
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 194 
893.13(1)(e)2. 2nd Sell, manufacture, or deliver 
cannabis or other drug 
prohibited under s. 
893.03(1)(c), (2)(c)1., 
(2)(c)2., (2)(c)3., (2)(c)6., 
(2)(c)7., (2)(c)8., (2)(c)9., 
(2)(c)10., (3), or (4) within 
1,000 feet of property used for 
religious services or a 
specified business site. 
 195 
893.13(1)(f)1. 1st Sell, manufacture, or deliver 
cocaine (or other s. 
893.03(1)(a), (1)(b), (1)(d), 
or (2)(a), (2)(b), or (2)(c)5. 
drugs) within 1,000 feet of 
public housing facility. 
 196 
893.13(4)(b) 2nd Use or hire of minor; deliver 
to minor other controlled 
substance. 
 197 
893.1351(1) 3rd Ownership, lease, or rental for 
trafficking in or manufacturing     
 
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of controlled substance. 
 198 
 Section 4. This act shall take effect July 1, 2025. 199