All About Florida’s New Anti-Swatting Law

July 29, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, “swatting” is a very serious criminal offense. Swatting has become famous in the context of SWAT teams being called on various politicians, commentators, and celebrities – and typically involves someone calling 911 to report an emergency situation (such as the taking of hostages) at an address where this is not actually occurring.

The result of “swatting” in some cases can be the injury or death of the victim. Now, a new Florida law (Fla. Stat. Section 817.49(2)) increases penalties for those who call 911 under false pretenses, especially in cases where this leads to a law enforcement (or tactical team, also known as “SWAT”) response. This article will explain Florida’s new “anti-swatting” law.

Florida’s new anti-swatting law (HB 279) was signed by Governor Ron DeSantis in May 2025 and took effect on July 1, 2025. The law comes after a significant increase in “swatting” in the state. Swatting is the malicious act of making hoax calls to report an emergency, in an attempt to trigger a response by law enforcement. 

Florida’s new anti-swatting law significantly enhances the penalties for false 911 calls that result in the deployment of tactical and special response teams in the following ways:

• If someone makes a false 911 report/call that results in great bodily harm, permanent disfigurement or permanent disability of the victim, this is a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine)
• If someone’s false 911 report/call results in the death of a victim, this is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine

If someone calls a Florida law enforcement agency resulting in a swatting and resides outside of the state, they may be extradited to Florida to face charges.

Note: “Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm, and does not include mere bruises. Wheeler v. State, 203 So. 3d 1007 (Fla. 4th DCA 2016).

Florida’s anti-swatting law also (HB 279) implements the following provisions:

• If someone accesses or causes another party to access 911 for the purpose of a false alarm, false complaint, or reporting false information), and the call could result in an emergency response (even if police/SWAT do not actually respond) this is a first-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine
• If someone knowingly uses 911 for any purpose other than obtaining public safety assistance, this is a first-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine
• If someone knowingly calls 911 to avoid or attempt to avoid any charge for service (e.g. calling 911 simply because it’s the only number that does not require phone service), this is a first-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine
• If found guilty, the defendant must pay restitution to law enforcement and victims for damages caused

Moreover, HB 279 makes it so that if someone makes a false 911 report and has previously been convicted of doing so two or more times (previously four or more times), this is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine.

If someone is accused of violating Florida’s anti-swatting law, this can be very scary. However, many defenses exist, which may include:

• Mistake of fact: The State must prove beyond a reasonable doubt that the defendant intentionally contacted 911 to make a false report. If the defendant believed that an emergency was actually occurring, this is not a crime.
• Entrapment: If someone was urged by undercover officers to make a false report to 911, entrapment may be a relevant defense. Entrapment can be objective (official misconduct) or subjective (Fla. Stat. 777.201, involving inducement of a non-predisposed defendant to act criminally).
• Involuntary intoxication: A valid defense if the intoxication took place due to coerced or accidental ingestion, unexpected reaction, or medical misprescription – and this caused the defendant to be unable to form specific intent to make a false 911 report. Brancaccio v. State, 698 So. 2d 597 (Fla. 4th DCA 1997)
• Procedural defenses: Challenging violations of the defendant’s Miranda rights, filing motions to suppress, etc., which may change the direction of a criminal case
• Mistaken identity/lack of involvement: If someone is wrongly identified as the alleged caller or did not cause another party to make a false 911 report, this could be a strong defense

In sum, Florida’s new anti-swatting law creates heavier penalties for those who make false calls or alerts to 911 – and especially those that result in a law enforcement response. If the response causes great bodily injury, permanent disfigurement or disability to a victim, it is a third-degree felony (up to 5 years in prison and a $5,000 fine). If a victim is killed, this is a second-degree felony (up to 15 years in prison and a $10,000 fine).

Even if someone makes a false call to 911 that could have produced an emergency response (such as swatting) or causes another to do so, this is a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine). If the defendant has been convicted of doing so two or more times, a false 911 call is a third-degree felony – even if there is no law enforcement response (so long as this could have occurred).

If someone is concerned about a case involving alleged swatting, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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