Florida Senate - 2010                                    SB 1824
       
       
       
       By Senator Gelber
       
       
       
       
       35-00966A-10                                          20101824__
    1                        A bill to be entitled                      
    2         An act relating to misrepresentation of military
    3         status; amending s. 496.415, F.S.; prohibiting a
    4         person from falsely representing himself or herself as
    5         a member of or representing the United States Armed
    6         Forces or organized militia for the purpose of
    7         solicitation of charitable contributions or
    8         participation in a charitable or sponsor sales
    9         promotion; prohibiting a person from wearing the
   10         uniform of or any medal or insignia authorized for use
   11         by members or veterans of the United States Armed
   12         Forces or the organized militia with the intent to
   13         misrepresent himself or herself as a member or veteran
   14         of the United States Armed Forces or organized militia
   15         and for commercial purposes; providing criminal
   16         penalties; providing that the provisions of the act
   17         which prohibit a person from falsely representing
   18         himself or herself as a member of or representing the
   19         United States Armed Forces or organized militia for
   20         certain specified purposes do not apply to members of
   21         certain congressionally chartered veterans’
   22         organizations while engaged in planning, conducting,
   23         or executing a solicitation or charitable or sponsor
   24         sales promotion; providing an effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (6) of section 496.415, Florida
   29  Statutes, is amended to read:
   30         496.415 Prohibited acts.—It is unlawful for any person in
   31  connection with the planning, conduct, or execution of any
   32  solicitation or charitable or sponsor sales promotion to:
   33         (6) Falsely state that the person is a member of or a
   34  representative of a charitable organization or sponsor, or
   35  falsely state or represent that the person is a member of or
   36  represents the United States Armed Forces, the organized
   37  militia, or a law enforcement or emergency service organization.
   38         Section 2. (1) A person may not, with the intent to
   39  misrepresent himself or herself as a member or veteran of the
   40  United States Armed Forces or organized militia and for
   41  commercial purposes, wear the uniform of or any medal or
   42  insignia authorized for use by members or veterans of the United
   43  States Armed Forces or the organized militia.
   44         (2) A person who violates subsection (1) commits a felony
   45  of the third degree, punishable as provided in s. 775.082, s.
   46  775.083, or s. 775.084, Florida Statutes.
   47         Section 3. This act does not apply to members of veterans’
   48  organizations that are congressionally chartered under Title 36
   49  U.S.C. while the members are engaged in planning, conducting, or
   50  executing a solicitation or charitable or sponsor sales
   51  promotion.
   52         Section 4. This act shall take effect October 1, 2010.