Giving a False Name or ID to Law Enforcement — Florida § 901.36

Giving a false name or false identification to a law enforcement officer is a criminal offense in Florida. Under § 901.36, using a fabricated identity during a lawful detention or arrest is a first-degree misdemeanor (up to 1 year in county jail); using another real person’s actual identity is a third-degree felony (up to 5 years in state prison). In Florida’s 10th Judicial Circuit, these charges appear most frequently as add-ons during traffic stops, field investigations, and arrests, and they can trigger identity fraud charges alongside the false ID count when someone else’s information is used.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Does Florida § 901.36 Prohibit?

Florida § 901.36 creates two separate tiers of criminal liability for providing false identifying information to law enforcement during a lawful detention or arrest.

§ 901.36(1) — First-degree misdemeanor: Giving a false name, false address, or false date of birth — or any other false information about personal identity — to a law enforcement officer after being lawfully detained or arrested. Maximum penalty: 1 year in county jail, $1,000 fine.

§ 901.36(2) — Third-degree felony: Using the actual name, date of birth, Social Security number, driver’s license number, or other identifying information of a real existing person during a lawful detention or arrest. Maximum penalty: 5 years in state prison, $5,000 fine.

The felony version is effectively a merger of the false ID statute with identity theft law. Using a completely fabricated identity is a misdemeanor. Using a real person’s stolen or borrowed identity is a felony — because a real person’s identity is damaged by that use, not just the officer who was misled.

The core elements the State must prove for either version:

1. The defendant was lawfully detained or arrested
2. The defendant provided false identifying information to the officer
3. The defendant knew the information was false
4. The false information was provided willfully

Why Do People Give False Names During Police Encounters in Florida?

In my years of practice across Polk, Highlands, and Hardee Counties, the most common reasons people give false names to officers include:

• Outstanding arrest warrant: The most frequent driver. The person knows a warrant will result in immediate arrest if their true identity is run through the system.
• Suspended or revoked driver’s license: A common issue in traffic stops where driving on a suspended license would add another charge.
• Active probation or community control: Being stopped creates risk of a probation violation if the officer notifies the supervising officer.
• Immigration status: Fear of immigration consequences when encountered by law enforcement leads some individuals to provide false identification.
• Prior felony conviction: Knowing that the true identity carries a history that might affect the officer’s response or the ultimate charge.
• Panic and poor judgment under stress: Some people give false information impulsively without thinking through the consequences.

Regardless of the reason, the § 901.36 charge stands independently. And critically, the underlying problem — the warrant, the suspended license, the probation issue — still exists and must be addressed simultaneously. A § 901.36 defense that does not also address the underlying driver of the false ID decision is incomplete.

What Are the Penalties for Giving a False Name to Police?

The penalties under Florida § 901.36 depend on which tier applies:

• § 901.36(1) — Misdemeanor: Up to 1 year in county jail, up to 1 year probation, $1,000 fine, plus mandatory court costs and surcharges
• § 901.36(2) — Felony: Up to 5 years in state prison, up to 5 years felony probation, $5,000 fine, plus all collateral felony consequences

When the felony version is charged alongside § 817.568 (criminal use of personal identification information), the total sentencing exposure increases significantly. Section 817.568 is itself a third-degree felony for value under $5,000 and escalates to a second-degree or first-degree felony for larger amounts. Stacked with § 901.36(2), a defendant can face multiple third-degree felony convictions from a single traffic stop.

Collateral consequences of a felony § 901.36(2) conviction include loss of firearm rights, loss of voting rights, effects on professional licensing, and severe immigration consequences for non-citizens.

What Defenses Apply to a § 901.36 Charge?

The defense strategy in false ID cases turns on four main areas:

Unlawful detention. The statute requires a lawful detention or arrest. If the officer had no reasonable suspicion to stop the defendant — an unlawful Terry stop, a pretextual stop without constitutional basis — the detention was unlawful and the § 901.36 charge fails because the lawful detention element is not satisfied. I examine the constitutionality of every stop from the moment I am retained.

No willful intent. The statute requires that the false information was provided willfully. A person who genuinely gave incorrect information due to confusion, stress, or a genuine memory error has a defense on willfulness. The State must prove deliberate intent to provide false identifying information.

No knowledge of falsity. In situations involving name changes, aliases consistently used for years, or information the person genuinely believed to be correct, the knowing falsity element can be challenged.

Not another real person’s identity (for the felony). For the § 901.36(2) felony version, the State must prove the information belonged to a real existing person. A completely fabricated identity — no real person behind it — does not trigger the felony upgrade. This distinction is important when the prosecutor attempts to charge the felony version based on a fabricated but non-existent identity.

Fourth Amendment suppression. If the false information was provided in response to an unlawful stop or detention, I move to suppress the evidence derived from that stop. Suppression of the false ID disclosure itself — when obtained through an unconstitutional stop — can defeat the charge entirely.

How Does a False ID Charge Interact With Warrants and Probation?

Many § 901.36 cases arise precisely because the defendant had an outstanding warrant or an active probation case. I address both issues simultaneously. For an outstanding warrant, I investigate the underlying charge, negotiate a surrender with bond conditions, or challenge the validity of the warrant if it was issued without proper legal basis. For a probation issue, I appear at the violation of probation hearing and argue for reinstatement on the same or modified terms rather than revocation and incarceration.

Handling only the § 901.36 charge in isolation — without addressing the warrant or probation violation driving the original false ID decision — leaves the client vulnerable. The second the § 901.36 case resolves, the warrant or VOP surfaces and creates new exposure. A complete defense addresses the full picture from the beginning.

What Happens to the Person Whose Identity Was Used?

When the felony version of § 901.36 is charged — because another real person’s identity was used — that person may have their own remedies. Their credit, their criminal record, and their reputation may have been damaged by the unauthorized use of their information. Law enforcement agencies are increasingly attentive to protecting victims of identity fraud, and the presence of a real victim makes the felony charge more likely to be aggressively prosecuted by the State Attorney.

In these cases, restitution to the actual identity victim may also be ordered at sentencing, in addition to any fines and court costs. The total financial exposure from a § 901.36(2) case can exceed what the sentencing chart alone suggests once restitution obligations are factored in.

How Do § 901.36 Cases Typically Resolve in Polk, Highlands, and Hardee Counties?

Most misdemeanor § 901.36(1) cases in the 10th Judicial Circuit resolve before trial. For first-time offenders with no prior record and a straightforward fact pattern — one encounter, no prior criminal history, no use of another person’s identity — diversion is often available in Polk County. Successful completion results in dismissal with no conviction on record.

For defendants with prior records or where diversion is unavailable, I negotiate aggressively for a withhold of adjudication rather than a formal conviction. The distinction matters because a withhold preserves sealing eligibility after probation is completed. Once a formal guilty plea is entered and adjudication is recorded, that path closes.

For the felony version under § 901.36(2), the calculus is different. Felony charges require a different negotiation dynamic and a more comprehensive defense strategy. I examine every element of the charge — particularly the lawfulness of the underlying detention and whether the identity used actually belonged to a real existing person — before any plea discussions occur. If constitutional defects exist, I file suppression motions. If the identity was fabricated rather than borrowed from a real person, I challenge the felony designation directly.

Can § 901.36 Charges Be Suppressed Based on the Stop?

Yes — and this is one of the most effective defense strategies available. If the initial police stop or detention was unconstitutional, all evidence obtained during that encounter — including the false name or ID provided — may be suppressed as fruit of the poisonous tree under the Fourth Amendment exclusionary rule.

Suppression motions in § 901.36 cases require demonstrating that the officer lacked reasonable articulable suspicion to initiate the stop. This involves analyzing the officer’s written report, body camera footage, dispatch records, and any prior contacts between the defendant and this officer or agency. If the stop was targeted, pretextual, or based on race or appearance rather than specific articulable facts suggesting criminal activity, the constitutional challenge is viable and can result in the entire case being dismissed.

What Are the Long-Term Consequences of a § 901.36 Conviction?

Beyond the immediate sentence, a conviction under § 901.36 — even the misdemeanor version — appears on routine employment and licensing background checks. Obstruction-related convictions, including false ID offenses, are viewed negatively by employers in virtually every industry. Healthcare, education, finance, real estate, and government employment all ask about criminal history, and an obstruction conviction is a red flag in most screening processes.

For professional licenses, many Florida licensing boards conduct character and fitness reviews that specifically ask about crimes involving dishonesty or false statements. A § 901.36 conviction — which is literally a crime of false statements — is precisely the type of offense that boards scrutinize most heavily. Nurses, teachers, real estate agents, contractors, and financial professionals should treat a § 901.36 charge with the same seriousness as any other professional license-threatening matter.

For non-citizens, the immigration consequences of a false ID conviction can be severe. Crimes involving fraud or deceit are analyzed under the moral turpitude framework in immigration law, and a conviction in this category can affect visa renewals, green card applications, and naturalization proceedings. If you are not a United States citizen, immigration consequences must be part of your defense strategy discussion from the very first consultation.

Frequently Asked Questions: Giving a False Name or ID to Police

What is giving a false name to police under Florida law?

Under § 901.36, giving a fabricated name or ID during a lawful detention or arrest is a first-degree misdemeanor (up to 1 year). Using another real person’s actual identity is a third-degree felony (up to 5 years).

When am I legally required to identify myself to police in Florida?

Florida is a stop-and-identify state under § 856.021. A lawfully stopped person must provide their name, address, and explanation of their actions. Providing false information in response triggers § 901.36.

What is the difference between the misdemeanor and felony versions of § 901.36?

Using a fabricated identity is a misdemeanor. Using a real existing person’s actual identity information is a felony because it incorporates identity theft elements that damage a real victim.

What if I gave a false name because I had an outstanding warrant?

The reason doesn’t change the § 901.36 analysis. The charge stands. You now have two legal problems — the false ID charge and the warrant — that must be addressed simultaneously.

Can a § 901.36 charge be sealed or expunged in Florida?

A misdemeanor § 901.36(1) with a withhold of adjudication is eligible for sealing. A felony § 901.36(2) conviction is not expungeable. Pursuing a withhold or dismissal from day one is critical.

Can I also be charged with identity theft if I used someone else’s ID?

Yes. Section 817.568 (criminal use of personal identification information) can be stacked alongside § 901.36(2), creating multiple felony counts from a single encounter.