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Florida Statute 365.16 | Lawyer Caselaw & Research
F.S. 365.16 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 365.16

The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES
Chapter 365
USE OF TELEPHONES AND FACSIMILE MACHINES
View Entire Chapter
F.S. 365.16
365.16 Obscene or harassing telephone calls.
(1) Whoever:
(a) Makes a telephone call to a location at which the person receiving the call has a reasonable expectation of privacy; during such call makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, vulgar, or indecent; and by such call or such language intends to offend, annoy, abuse, threaten, or harass any person at the called number;
(b) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to annoy, abuse, threaten, or harass any person at the called number;
(c) Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or
(d) Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number,

is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Whoever knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Each telephone directory hereafter published for distribution to the members of the general public shall contain a notice which explains this law; such notice shall be printed in type which is no smaller than the smallest type on the same page and shall be preceded by the word “warning.” The provisions of this section shall not apply to directories solely for business advertising purposes, commonly known as classified directories.
(4) Each telephone company in this state shall cooperate with the law enforcement agencies of this state in using its facilities and personnel to detect and prevent violations of this section.
(5) Nothing contained in this section shall apply to telephone calls made in good faith in the ordinary course of business or commerce.
History.ss. 1, 2, ch. 63-51; s. 1, ch. 69-25; s. 276, ch. 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 2, ch. 79-270; ss. 2, 4, ch. 80-275; s. 550, ch. 95-148.

F.S. 365.16 on Google Scholar

F.S. 365.16 on Casetext

Amendments to 365.16


Arrestable Offenses / Crimes under Fla. Stat. 365.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

S365.16 1a - OBSCENE COMMUNICATION - PHONE CALL - M: S
S365.16 1b - HARASSING COMMUNICATION - PHONE CALL - M: S
S365.16 1c - HARASSING COMMUNICATION - CAUSE ANOTHERS PHONE TO RING REPEATEDLY - M: S
S365.16 1d - HARASSING COMMUNICATION - REPEATED PHONE CALLS - M: S
S365.16 2 - HARASSING COMMUNICATION - PERMIT OBSCENE OR HARASSING PHONE CALLS - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

COHEN, v. STATE, 171 So. 3d 179 (Fla. Dist. Ct. App. 2015)

. . . annoy, abuse, threaten or harass any person at the called number, in violation of Florida Statutes 365.16 . . . revoking Cohen’s probation, the trial court erroneously relied upon an uncharged violation of section 365.16 . . . the same sentence based solely on the charged violation of making an obscene phone call under section 365.16 . . . Section 365.16(l)(a) provides: (1) Whoever: (a) Makes a telephone call to a location at which the person . . . Section 365.16(l)(c) provides: (1) Whoever: (c) Makes or causes the telephone of another repeatedly or . . .

H. L. D. JR. A v. STATE, 83 So. 3d 750 (Fla. Dist. Ct. App. 2011)

. . . . § 365.16(l)(b), (d), Fla. Stat. (2008). . Rule 8.140. Extraordinary Relief. (a) Basis. . . .

In H. JACKSON L., 442 B.R. 469 (Bankr. E.D. Va. 2010)

. . . STATEMENT OF ACCOUNT Principal balance 53,261.94 Accrued interest 1,651.20 Accumulated late charges 365.16 . . . 212,108.30 Prepetition Arrearages Monthly payment ($503.08/mo. x 6) 3,018.48 Accumulated late charges 365.16 . . .

G. AVRICH, v. STATE, 936 So. 2d 739 (Fla. Dist. Ct. App. 2006)

. . . calls to the victim where the victim had a reasonable expectation of privacy, in violation of section 365.16 . . . Counts 2-9 charged the defendant with violating section 365.16(l)(a) by making obscene and harassing . . . Originally, section 365.16(l)(a), Florida Statutes (1977), criminalized individuals who, “by means of . . . State, 650 So.2d 10, 11 (Fla.1995); § 365.16(l)(a), Fla. Stat. (2004). . . . See § 365.16(l)(a), Fla. Stat. (2004). We affirm on all other issues on appeal. . . .

F. DURIE, Jr. v. STATE, 901 So. 2d 171 (Fla. Dist. Ct. App. 2005)

. . . made harassing telephone calls to an assistant attorney general, allegedly in violation of section 365.16 . . . The language of section 365.16(1) is thus critical to our analysis. . . . Florida case law on section 365.16(l)(d) is nonexistent. . . . Section 365.16(l)(d) does not include a legitimacy requirement. . . . We therefore hold that the trial court erred as a matter of law in misinterpreting section 365.16 to . . .

A No. E. BROWN, 748 So. 2d 960 (Fla. 1999)

. . . Brown of harassing communications in violation of Section 365.16, Florida Statutes. Ms. . . . Brown with harassing communications in violation of Section 365.16, and stalking in violation of Section . . .

SEYBEL, v. STATE, 693 So. 2d 678 (Fla. Dist. Ct. App. 1997)

. . . should have been prosecuted under the misdemeanor statute prohibiting harassing telephone calls, section 365.16 . . . Thus, while it is illegal to make repeated harassing telephone calls under section 365.16, those same . . .

GILBREATH, v. STATE, 650 So. 2d 10 (Fla. 1995)

. . . We have for review a decision of the district court that expressly declares to be valid section 365.16 . . . The statute originally was worded: “365.16(1) Whoever by means of telephone communication: (a) Makes . . . After this ease was decided, the legislature amended the statute to read: 365.16. . . . There are no cases dealing specifically with the constitutionality of § 365.16(l)(a). . . . With these restrictions we find section 365.16(l)(a) valid for reasons similar to those upon which we . . . In Keaton we held: Because the scope of section 365.16(l)(a) is not limited to cases where the listener . . .

GILBREATH, v. STATE, 629 So. 2d 962 (Fla. Dist. Ct. App. 1993)

. . . .” § 365.16(l)(a), Fla.Stat. (1991). . . .

THE FLORIDA BAR, v. A. HELINGER, Jr., 620 So. 2d 993 (Fla. 1993)

. . . 1991 Respondent pleaded guilty to six counts of making obscene phone calls in violation of section 365.16 . . .

J. STODDARD, v. WOHLFAHRT,, 573 So. 2d 1060 (Fla. Dist. Ct. App. 1991)

. . . claim, and this time Stoddard alleged, as a basis for damages under count two, the violation of section 365.16 . . . Section 365.16 makes it a second-degree misdemeanor to make an obscene, lewd, or lascivious comment, . . . third amended complaint changing his theory of a cause of action from a statutory violation of section 365.16 . . . numerous references to Florida cases calculated to support his claim, as well as a reference to section 365.16 . . .

STALL, STATE LONG, v. STATE, 570 So. 2d 257 (Fla. 1990)

. . . . § 365.16(1)(a), Fla.Stat. (1977). . . .

WEINER v. STATE OF FLORIDA, 43 Fla. Supp. 2d 61 (Fla. Cir. Ct. 1990)

. . . Stat. 365.16(l)(b)(c) (d) and Trespass In A Structure or Conveyance in violation of Fla. . . .

STATE OF FLORIDA v. FIRTELL, 18 Fla. Supp. 2d 169 (Fla. Cir. Ct. 1986)

. . . three (3) counts of knowingly permitting a telephone under their control to be used contrary to Section 365.16 . . .

STATE OF FLORIDA v. FIRTELL, 13 Fla. Supp. 2d 65 (Broward Cty. Ct. 1985)

. . . annoy, abuse, threaten, or harass George Izzo or Marlene Izzo at the number called, contrary to F.S. 365.16 . . .

SPACE- TECH INDUSTRIES, INC. v. OTTO THE TRIBUNE COMPANY, 6 Fla. Supp. 2d 242 (Fla. Cir. Ct. 1984)

. . . The Tribune Company, with (I) inteference with plaintiffs business (II) violation of Florida Statute 365.16 . . .

STATE v. ELDER,, 382 So. 2d 687 (Fla. 1980)

. . . County Court for Duval County, Florida, which initially and directly passed upon the validity of section 365.16 . . . The issue presented is whether section 365.16(l)(b), which forbids the making of an anonymous telephone . . . We need not, however, pass on whether section 365.16(l)(b) validly proscribes pure speech. . . . Accordingly, we hold that section 365.16(l)(b), as construed in this opinion, is constitutional. . . . At least one legitimate communicative or informative function is stated in section 365.16 itself. . . .

STATE v. KEATON,, 371 So. 2d 86 (Fla. 1979)

. . . Appellee was charged by information under section 365.16(1)(a), Florida Statutes (1977), with making . . . The issue before us is whether section 365.16(l)(a), Florida Statutes (1977), suffers from the infirmity . . . Appellee argues that section 365.16(l)(a) is not limited to language which is “obscene” as defined by . . . Because section 365.16(l)(a) is directed to conduct — obscene phone calls which are harassing— rather . . . The intent of the legislature with regard to the scope of section 365.16(l)(a) is arguably unclear. . . . I respectfully dissent from the majority opinion holding that section 365.16(l)(a), Florida Statutes . . .

ARMSTRONG v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY,, 366 So. 2d 88 (Fla. Dist. Ct. App. 1979)

. . . Florida Statute 365.16 proscribes the use of a telephone to annoy, abuse, threaten or harass any person . . .

INGRAHAM v. WRIGHT, 430 U.S. 651 (U.S. 1977)

. . . . § 365.16 (Supp. 1977), and there can be little doubt that if that same “punishment” had been inflicted . . . by an officer of the state courts for violation of § 365.16, it would have had to satisfy the requirements . . .

GREER v. SCOFIELD,, 89 F. Supp. 75 (W.D. Tex. 1950)

. . . to his former wife during the years 1942, 1943 and 1944, in the respective amounts of $4,000.00, $7,-365.16 . . .

GRAY MOTOR CO. v. UNITED STATES, 16 F.2d 367 (5th Cir. 1927)

. . . return was audited, and the Commissioner of Internal Revenue determined that an overassessment of $365.16 . . .