Ch. 790 WEAPONS AND FIREARMS F.S. 2017
(3) Proof that a person accused of violating this
section knowingly made a false report is prima facie
evidence of the accused person’s intent to deceive,
mislead, or otherwise misinform any person.
(4) In addition to any other penalty provided by law
with respect to any person who is convicted of a
violation of this section that resulted in the mobilization
or action of any law enforcement officer or any state or
local agency, a person convicted of a violation of this
section may be required by the court to pay restitution
for all of the costs and damages arising from the criminal
conduct.
History.—s. 3, ch. 59-29; s. 749, ch. 71-136; s. 1, ch. 2002-28; s. 1, ch.
2016-156.
790.164 False reports concerning planting a
bomb, explosive, or weapon of mass destruction
in, or committing arson against, state-owned property,
or concerning the use of firearms in a violent
manner; penalty; reward.—
(1) It is unlawful for any person to make a false
report, with intent to deceive, mislead, or otherwise
misinform any person, concerning the placing or planting
of any bomb, dynamite, other deadly explosive, or
weapon of mass destruction as defined in s. 790.166,
concerning any act of arson or other violence to property
owned by the state or any political subdivision, or
concerning the use of firearms in a violent manner
against a person or persons. A person who violates this
subsection commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(2) Notwithstanding any other law, adjudication of
guilt or imposition of sentence for a violation of this
section may not be suspended, deferred, or withheld.
However, the state attorney may move the sentencing
court to reduce or suspend the sentence of any person
who is convicted of a violation of this section and who
provides substantial assistance in the identification,
arrest, or conviction of any of his or her accomplices,
accessories, coconspirators, or principals.
(3) Proof that a person accused of violating this
section knowingly made a false report is prima facie
evidence of the accused person’s intent to deceive,
mislead, or otherwise misinform any person.
(4)(a) There shall be a $5,000 reward for the giving of
information to any law enforcement agency in the state,
which information leads to the arrest and conviction of
any person violating the provisions of this section. Any
person claiming such reward shall apply to the law
enforcement agency developing the case and be paid
by the Department of Law Enforcement from the
deficiency fund.
(b) There shall be only one reward given for each
case, regardless of how many persons are arrested and
convicted in connection with the case and regardless of
how many persons submit claims for the reward.
(c) The Department of Law Enforcement shall
establish procedures to be used by all reward applicants,
and the circuit judge in whose jurisdiction the
action occurs shall review all such applications and
make final determination as to those applicants entitled
to receive an award.
(d) In addition to any other penalty provided by law
with respect to any person who is convicted of a
violation of this section that resulted in the mobilization
or action of any law enforcement officer or any state or
local agency, a person convicted of a violation of this
section may be required by the court to pay restitution
for all of the costs and damages arising from the criminal
conduct.
History.—ss. 2, 2A, ch. 71-306; s. 1, ch. 76-146; s. 236, ch. 77-104; s. 25, ch.
79-8; s. 2, ch. 2002-28; s. 2, ch. 2016-156.
790.165 Planting of “hoax bomb” prohibited;
penalties.—
(1) For the purposes of this section, “hoax bomb”
means any device or object that by its design, construction,
content, or characteristics appears to be, or to
contain, or is represented to be or to contain, a
destructive device or explosive as defined in this
chapter, but is, in fact, an inoperative facsimile or
imitation of such a destructive device or explosive, or
contains no destructive device or explosive as was
represented.
(2) Any person who, without lawful authority, manufactures,
possesses, sells, delivers, sends, mails,
displays, uses, threatens to use, attempts to use, or
conspires to use, or who makes readily accessible to
others, a hoax bomb commits a felony of the second
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(3) Any person who, while committing or attempting
to commit any felony, possesses, displays, or threatens
to use any hoax bomb commits a felony of the second
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. Notwithstanding any other
law, adjudication of guilt or imposition of sentence
may not be suspended, deferred, or withheld. However,
the state attorney may move the sentencing court to
reduce or suspend the sentence of any person who is
convicted of a violation of this section and who provides
substantial assistance in the identification, arrest, or
conviction of any of his or her accomplices, accessories,
coconspirators, or principals.
(4) Subsection (2) does not apply to any law
enforcement officer, firefighter, person, or corporation
licensed pursuant to chapter 493, or member of the
armed forces of the United States while engaged in
training or other lawful activity within the scope of his or
her employment, or to any person properly authorized to
test a security system, or to any security personnel,
while operating within the scope of their employment,
including, but not limited to, security personnel in
airports and other controlled access areas, or to any
member of a theatrical company or production using a
hoax bomb as property during the course of a rehearsal
or performance.
(5) In addition to any other penalty provided by law
with respect to any person who is convicted of a
violation of this section that resulted in the mobilization
or action of any law enforcement officer or any state or
local agency, a person convicted of a violation of this
section may be required by the court to pay restitution
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