House Bill 0011c1

    Florida House of Representatives - 1999               CS/HB 11

        By the Committee on Law Enforcement & Crime Prevention and
    Representative Trovillion





  1                      A bill to be entitled

  2         An act relating to arrests; amending s. 901.02,

  3         F.S., relating to issuance of arrest warrants;

  4         providing that the court may issue a warrant

  5         for the defendant's arrest under specified

  6         circumstances when a complaint has been filed

  7         charging the commission of a misdemeanor only

  8         and the summons issued to the defendant is

  9         returned unserved; creating s. 901.36, F.S.;

10         prohibiting a person who has been arrested or

11         lawfully detained by a law enforcement officer

12         from giving a false name or otherwise falsely

13         identifying himself or herself to the law

14         enforcement officer or county jail personnel;

15         providing penalties; prohibiting a person who

16         has been arrested or lawfully detained by a law

17         enforcement officer from adversely affecting

18         another person by giving a false name belonging

19         to another person or otherwise falsely

20         identifying himself or herself to the law

21         enforcement officer or county jail personnel;

22         providing penalties; permitting the adversely

23         affected person to obtain court orders to

24         correct public records under specified

25         circumstances; authorizing issuance of such

26         court orders by the sentencing court; providing

27         for restitution orders; providing an effective

28         date.

29

30  Be It Enacted by the Legislature of the State of Florida:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999               CS/HB 11

    604-136A-99






  1         Section 1.  Section 901.02, Florida Statutes, is

  2  amended to read:

  3         901.02  When warrant of arrest to be issued.--

  4         (1)  A warrant may be issued for the arrest of the

  5  person complained against if the magistrate, from the

  6  examination of the complainant and other witnesses, reasonably

  7  believes that the person complained against has committed an

  8  offense within the magistrate's jurisdiction.

  9         (2)  The court may issue a warrant for the defendant's

10  arrest when all of the following circumstances apply:

11         (a)  A complaint has been filed charging the commission

12  of a misdemeanor only;

13         (b)  The summons issued to the defendant has been

14  returned unserved or there is evidence of avoidance of

15  service; and

16         (c)  The conditions of subsection (1) are met.

17         Section 2.  Section 901.36, Florida Statutes, is

18  created to read:

19         901.36  Prohibition against giving false name or false

20  identification by person arrested or lawfully detained;

21  penalties; court orders.--

22         (1)  It is unlawful for a person who has been arrested

23  or lawfully detained by a law enforcement officer to give a

24  false name, or otherwise falsely identify himself or herself

25  in any way, to the law enforcement officer or any county jail

26  personnel. Except as provided in subsection (2), any person

27  who violates this subsection commits a misdemeanor of the

28  first degree, punishable as provided in s. 775.082 or s.

29  775.083.

30         (2)  It is unlawful for a person who has been arrested

31  or lawfully detained by a law enforcement officer to adversely

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999               CS/HB 11

    604-136A-99






  1  affect another person by giving a false name belonging to

  2  another person, or by otherwise falsely identifying himself or

  3  herself in any way as another person, to the law enforcement

  4  officer or any county jail personnel. A person who violates

  5  this subsection commits a felony of the third degree,

  6  punishable as provided in s. 775.082, s. 775.083, or s.

  7  775.084.

  8         (3)(a)  In sentencing a person for violation of this

  9  section, a court may order restitution.

10         (b)  The sentencing court may issue such orders as are

11  necessary to correct any public record because it contains a

12  false name or other false identification information given in

13  violation of this section.

14         (c)  Upon application to the court, a person adversely

15  affected by the unlawful use of his or her name or other

16  identification in violation of this section may obtain from

17  the court orders necessary to correct any public record, as

18  described in paragraph (b).

19         Section 3.  This act shall take effect July 1, 1999.

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