Misuse of 911 Services
Unauthorized use of 911, E911, or NG911, including qualifying false reports and nonemergency or charge-avoidance use.
Florida Statute
§ 365.172
Emergency communications
Verified against the 2026 Florida Statutes: September 19, 2026
Quick Summary
Identify the prohibited-use track, the required mental state, and any emergency-response injury, death, or qualifying prior-conviction facts.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Baseline prohibited use
F.S. § 365.172(14)(a)
Any one prohibited-use track under subsection (14)(a), without an applicable felony enhancement.
False report response causing serious injury
F.S. § 365.172(14)(b)1.
A subsection (14)(a)1. false-report violation whose emergency response proximately results in great bodily harm, permanent disfigurement, or permanent disability from lawful conduct.
False report response causing death
F.S. § 365.172(14)(b)2.
A subsection (14)(a)1. false-report violation whose emergency response proximately results in death from lawful conduct.
Continued unauthorized use after two or more convictions
F.S. § 365.172(14)(c)
Continued unauthorized emergency-communications use after two or more qualifying prior convictions.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1OR — Alternative
One prohibited-use track — OR
The defendant accessed or caused another person to access 911 to make a false alarm or complaint or report false information that could result in an emergency response by a public safety agency.
Plain language: False-report track: prove the purpose and that the false information could trigger a public-safety response.
- Element 2OR — Alternative
One prohibited-use track — OR
OR the defendant knowingly used or attempted to use 911, E911, or NG911 for a purpose other than obtaining public safety assistance.
Plain language: Nonemergency-use track: prove knowing use or attempted use for another purpose.
- Element 3OR — Alternative
One prohibited-use track — OR
OR the defendant knowingly used or attempted to use 911, E911, or NG911 in an effort to avoid a service charge.
Jury Instructions
Jury Instructions
Instruction 21.22
Misuse of 911 Services
Florida Standard Jury Instruction for F.S. § 365.172(14), including applicable injury, death, and prior-conviction findings.
View Official InstructionVerified against the official instruction source: September 19, 2026
Important Definitions
Important Definitions
Public safety agency
A functional division of a public agency that provides firefighting, law enforcement, medical, or other emergency services.
Public safety answering point (PSAP)
The public safety agency that receives incoming 911 requests and dispatches appropriate public safety agencies under the statewide plan.
911 services
For this instruction, 911 services include Enhanced 911 (E911), Next Generation 911 (NG911), and the emergency-communications services covered by the statute.
Additional Notes
Additional Notes
False-report enhancement is limited
The injury and death enhancements apply to the false-alarm or false-information track in § 365.172(14)(a)1. and require the stated proximate-result facts from lawful conduct arising out of the emergency response.
Prior-conviction track
The repeat-offender felony requires continued unauthorized use after two or more qualifying convictions. For this paragraph, a conviction includes a guilt determination after plea or trial even when adjudication is withheld or a nolo contendere plea is entered.
Costs and restitution
A conviction requires prosecution and investigation costs plus restitution to responding public-safety agencies and other victims for qualifying damage or injury, including the agency's full response costs.