Q&A – Florida’s Law to Combat “Swatting”
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Today’s Entry: @brianmuddradio Swatting- your report said Florida had passed a law to combat it but I haven’t heard anything about that and it's still a problem. What are the facts?
Bottom Line: The facts are that Florida has enacted policy which addresses the growing phenomenon of “swatting” or the false reporting of a life-threatening emergency, necessitating a SWAT team response by local law enforcement, but that also it obviously hasn’t served to prevent the problem. It’s likely that the reason you haven’t heard about Florida’s law which addresses the practice of swatting – is due to it not being new policy. Florida’s current statutes which address the issue were established in 2021 – before the recent trend proliferated through a series of copycats.
The 2021 passing of Florida’s swatting law was requested by law enforcement within the state as it was noted that there had been an uptick in false reports of armed individuals threatening others. As was noted by the president of the Florida Police Chiefs Association at the time: Unfortunately, this practice has become more frequent, and its effects more expensive and destructive, both for the public and the law enforcement officers unwittingly put into those dangerous situations. The biggest difference between what was occasionally happening three years ago and what is happening today is who the targets of the “swatting” incidents happen to be. In previous years the targets generally weren’t public figures. In some cases, the victims appeared to have been chosen by the perpetrators at random. In other instances, it appears as though the targets were a matter of revenge in a personal dispute.
The current rash of “swatting” problems cropped up during the holidays when members of congress began to be targeted. Commonly, false reports of shots fired, people being held at gunpoint and/or bomb threats at the homes of targeted members has occurred. At least 34 members of Congress, have been the victims of swatting. This included Florida Senator Rick Scott. But what started out as a trend targeting members of congress has spread to numerous other circumstances as well. Recently in Florida, Melbourne High and Viera High in Brevard County were targeted with the hoax placing the schools on lockdown. It has also happened at places of worship as well. A mosque in Sanford was targeted with a swatting hoax.
As for Florida’s law which addresses what’s become known as “swatting”, it reads like this:
False report concerning planting a bomb, an explosive, or a weapon of mass destruction, or concerning the use of firearms in a violent manner; penalty.—
(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, 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 (up to 15 years in prison and/or up to $10,000 in fines).
(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) 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.
While the swatting problem remains, Florida’s law has been applied to the perpetrators of multiple swatting incidents within the state. And as it turned out – perpetrators have commonly lived outside of the state. In early February a 17-year-old resident of California was extradited to Florida and booked on three felonies and a misdemeanor involving a swatting incident. Just this past weekend a 20-year-old Canadian man was booked on six charges related to swatting incidents. With the minimum penalties for perpetrators being second degree felonies in Florida, with the potential for a first-degree felony if someone dies because of the false report, the law should act as a deterrence for would-be swatters. Creating greater public awareness, perhaps through making examples out of the recently apprehended swatters by applying the maximum penalties to the perpetrators, is likely as important as it is to detain those who’re responsible.