Category: Criminal Offenses · Statute: F.S. 918.13 · Source: Florida Legislature
Understanding Tampering with Evidence in Florida
Under Florida Statute Section 918.13, tampering with physical evidence occurs when a person alters, destroys, conceals, or removes any document, record, or physical object to impair its availability or reliability in an official proceeding or investigation. This charge is a third-degree felony, carrying penalties of up to five years in prison and a fine of up to $5,000. Crucially, the law does not require an active court case to be underway; the statute applies to "pending or prospective" investigations. This means a person can face tampering charges for actions taken during a routine traffic stop, a police encounter, or immediately following an incident before law enforcement even arrives on the scene.
To secure a conviction, Florida prosecutors must prove the defendant knew an official investigation or proceeding was ongoing or about to be initiated, and that they intentionally acted to make the evidence unavailable or altered. Common examples in Florida courts include swallowing suspected illicit substances during an arrest, throwing a weapon into a canal, or deleting digital messages and surveillance footage after learning of a police inquiry. Because the charge focuses on the intent to obstruct justice, individuals can be prosecuted for tampering even if they are ultimately acquitted of the underlying crime they were allegedly trying to cover up.
Bail and Pretrial Release for Tampering Charges
In Florida, tampering with evidence is a felony offense that can significantly complicate pretrial release. Judges often view the destruction of evidence as an direct attempt to subvert the judicial process, which may signal that the defendant is a risk to obstruct justice further if released. Consequently, a judge may set a higher cash or surety bond at the first appearance hearing, or impose strict pretrial supervision conditions, such as electronic monitoring or travel restrictions, to ensure the integrity of the ongoing prosecution.