Category: Criminal Offenses · Statute: F.S. 918.13 · Source: Florida Legislature
Understanding Evidence Tampering in Florida
In Florida, tampering with physical evidence under Florida Statute Section 918.13 is a serious offense that occurs when an individual alters, destroys, conceals, or removes any document, record, or physical object with the intent to impair its verity or availability in an active or prospective official investigation or proceeding. This charge often arises during the chaotic moments of an arrest, such as when a driver attempts to swallow suspected contraband during a traffic stop, flushes substances down a toilet during a police search, or hides a weapon used in an altercation. It is important to note that the state does not need to prove the underlying crime was successfully prosecuted, only that the defendant knew an investigation was underway or about to begin and acted to keep evidence out of the hands of authorities.
Because physical evidence is the cornerstone of the justice system, Florida law treats tampering as a third-degree felony, carrying a potential penalty of up to five years in prison and a $5,000 fine. The offense is legally distinct from obstruction of justice, as it specifically requires a physical "thing" to be manipulated. Furthermore, under Florida case law, simply discarding an item in full view of an officer during a pursuit does not always constitute tampering; the state must prove a specific intent to make the item permanently unavailable or altered for the purposes of the investigation.
Bail and Pretrial Considerations for Tampering Charges
When a defendant is charged with evidence tampering, judges at first appearance view the offense as a direct threat to the integrity of the judicial process. Consequently, the court may perceive the defendant as a risk for further obstruction or flight, which can result in higher bail amounts or the imposition of strict pretrial supervision. If the tampering charge is coupled with a felony drug offense or a violent crime, the court often imposes specific bond conditions, such as absolute prohibitions on contacting co-defendants or returning to the scene of the alleged crime, to prevent any further interference with witnesses or evidence.