HB 1459

1	A bill to be entitled
2	An act relating to false personation; amending s. 843.08,
3	F.S.; prohibiting a person from falsely personating a
4	firefighter or certain law enforcement officers if his or
5	her action could deceive a reasonable person into
6	believing that he or she was a bona fide official;
7	amending s. 843.085, F.S.; prohibiting operation or
8	ownership of a motor vehicle falsely marked in a way which
9	could deceive a reasonable person into believing that such
10	vehicle is authorized by a fire department for use by the
11	person operating it; providing an exception; amending s.
12	921.0022, F.S.; conforming provisions to changes made by
13	the act; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 843.08, Florida Statutes, is amended to
18	read:
19	843.08  False personation Falsely personating officer,
20	etc.-A person who falsely assumes or pretends to be a
21	firefighter, sheriff, officer of the Florida Highway Patrol,
22	officer of the Fish and Wildlife Conservation Commission,
23	officer of the Department of Environmental Protection, officer
24	of the Department of Transportation, officer of the Department
25	of Financial Services, officer of the Department of Corrections,
26	correctional probation officer, deputy sheriff, state attorney
27	or assistant state attorney, statewide prosecutor or assistant
28	statewide prosecutor, state attorney investigator, coroner,
29	police officer, lottery special agent or lottery investigator,
30	beverage enforcement agent, or watchman, or any member of the
31	Parole Commission and any administrative aide or supervisor
32	employed by the commission, or any personnel or representative
33	of the Department of Law Enforcement or any other criminal
34	justice agency as defined in s. 943.045, whether federal, state,
35	local, municipal, tribal, or territorial, if his or her action
36	could deceive a reasonable person into believing that he or she
37	was a bona fide law enforcement official, or a federal law
38	enforcement officer as defined in s. 901.1505, and takes upon
39	himself or herself to act as such, or to require any other
40	person to aid or assist him or her in a matter pertaining to the
41	duty of any such officer, commits a felony of the third degree,
42	punishable as provided in s. 775.082, s. 775.083, or s. 775.084;
43	however, a person who falsely personates any such officer during
44	the course of the commission of a felony commits a felony of the
45	second degree, punishable as provided in s. 775.082, s. 775.083,
46	or s. 775.084; except that if the commission of the felony
47	results in the death or personal injury of another human being,
48	the person commits a felony of the first degree, punishable as
49	provided in s. 775.082, s. 775.083, or s. 775.084.
50	Section 2.  Subsections (2) and (4) of section 843.085,
51	Florida Statutes, are amended to read:
52	843.085  Unlawful use of police badges or other indicia of
53	authority.-It is unlawful for any person:
54	(2)  To own or operate a motor vehicle marked or identified
55	in any manner or combination by the word or words "police,"
56	"patrolman," "sheriff," "deputy," "trooper," "highway patrol,"
57	"Wildlife Officer," "Marine Patrol Officer," "marshal,"
58	"constable," or "bailiff," or "fire department," or by any
59	lettering, marking, or insignia, or colorable imitation thereof,
60	including, but not limited to, stars, badges, or shields,
61	officially used to identify the vehicle as a federal, state,
62	county, or municipal law enforcement vehicle, or a vehicle used
63	by a criminal justice agency as now or hereafter defined in s.
64	943.045, or a vehicle used by a fire department which could
65	deceive a reasonable person into believing that such vehicle is
66	authorized by any of the agencies described in this subsection
67	above for use by the person operating the motor vehicle, unless
68	such vehicle is owned or operated by the appropriate agency and
69	its use is authorized by such agency, or the local law
70	enforcement agency or fire department authorizes the use of such
71	vehicle or unless the person is appointed by the Governor
72	pursuant to chapter 354.
73	(4)  Nothing in This section does not shall prohibit a
74	fraternal, benevolent, or labor organization or association, or
75	their chapters or subsidiaries, from using the following words,
76	in any manner or in any combination, if those words appear in
77	the official name of the organization or association:  "police,"
78	"patrolman," "sheriff," "deputy," "trooper," "highway patrol,"
79	"Wildlife Officer," "Marine Patrol Officer," "marshal,"
80	"constable," or "bailiff,." or "fire department."
81	Section 3.  Paragraph (b) of subsection (3) of section
82	921.0022, Florida Statutes, is amended to read:
83	921.0022  Criminal Punishment Code; offense severity
84	ranking chart.-
85	(3)  OFFENSE SEVERITY RANKING CHART
86	(b)  LEVEL 2
87
	FloridaStatute FelonyDegree Description
88
	379.2431  (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
89
	379.2431  (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
90
	403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
91
	517.07 3rd Registration of securities and furnishing of prospectus required.
92
	590.28(1) 3rd Intentional burning of lands.
93
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
94
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
95
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
96
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
97
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
98
	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
99
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
100
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
101
	817.234(1)(a)2. 3rd False statement in support of insurance claim.
102
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
103
	817.52(3) 3rd Failure to redeliver hired vehicle.
104
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
105
	817.60(5) 3rd Dealing in credit cards of another.
106
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
107
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
108
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
109
	831.01 3rd Forgery.
110
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
111
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
112
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
113
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
114
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
115
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
116
	843.08 3rd False personation Falsely impersonating an officer.
117
	893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
118
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
119
120	Section 4.  This act shall take effect October 1, 2011.

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