Florida Senate - 2011 SB 2016
By Senator Braynon
33-02349-11 20112016__
1 A bill to be entitled
2 An act relating to false personation; amending s.
3 843.08, F.S.; prohibiting a person from falsely
4 personating a firefighter or certain law enforcement
5 officers if his or her action could deceive a
6 reasonable person into believing that he or she was a
7 bona fide official; amending s. 843.085, F.S.;
8 prohibiting operation or ownership of a motor vehicle
9 falsely marked in a way which could deceive a
10 reasonable person into believing that such vehicle is
11 authorized by a fire department for use by the person
12 operating it; providing an exception; amending s.
13 921.0022, F.S.; conforming provisions to changes made
14 by the act; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 843.08, Florida Statutes, is amended to
19 read:
20 843.08 False personation Falsely personating officer, etc.
21 A person who falsely assumes or pretends to be a firefighter,
22 sheriff, officer of the Florida Highway Patrol, officer of the
23 Fish and Wildlife Conservation Commission, officer of the
24 Department of Environmental Protection, officer of the
25 Department of Transportation, officer of the Department of
26 Financial Services, officer of the Department of Corrections,
27 correctional probation officer, deputy sheriff, state attorney
28 or assistant state attorney, statewide prosecutor or assistant
29 statewide prosecutor, state attorney investigator, coroner,
30 police officer, lottery special agent or lottery investigator,
31 beverage enforcement agent, or watchman, or any member of the
32 Parole Commission and any administrative aide or supervisor
33 employed by the commission, or any personnel or representative
34 of the Department of Law Enforcement or any other criminal
35 justice agency as defined in s. 943.045, whether federal, state,
36 local, municipal, tribal, or territorial, if his or her action
37 could deceive a reasonable person into believing that he or she
38 was a bona fide law enforcement official, or a federal law
39 enforcement officer as defined in s. 901.1505, and takes upon
40 himself or herself to act as such, or to require any other
41 person to aid or assist him or her in a matter pertaining to the
42 duty of any such officer, commits a felony of the third degree,
43 punishable as provided in s. 775.082, s. 775.083, or s. 775.084;
44 however, a person who falsely personates any such officer during
45 the course of the commission of a felony commits a felony of the
46 second degree, punishable as provided in s. 775.082, s. 775.083,
47 or s. 775.084; except that if the commission of the felony
48 results in the death or personal injury of another human being,
49 the person commits a felony of the first degree, punishable as
50 provided in s. 775.082, s. 775.083, or s. 775.084.
51 Section 2. Subsections (2) and (4) of section 843.085,
52 Florida Statutes, are amended to read:
53 843.085 Unlawful use of police badges or other indicia of
54 authority.—It is unlawful for any person:
55 (2) To own or operate a motor vehicle marked or identified
56 in any manner or combination by the word or words “police,”
57 “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,”
58 “Wildlife Officer,” “Marine Patrol Officer,” “marshal,”
59 “constable,” or “bailiff,” or “fire department,” or by any
60 lettering, marking, or insignia, or colorable imitation thereof,
61 including, but not limited to, stars, badges, or shields,
62 officially used to identify the vehicle as a federal, state,
63 county, or municipal law enforcement vehicle, or a vehicle used
64 by a criminal justice agency as now or hereafter defined in s.
65 943.045, or a vehicle used by a fire department which could
66 deceive a reasonable person into believing that such vehicle is
67 authorized by any of the agencies described in this subsection
68 above for use by the person operating the motor vehicle, unless
69 such vehicle is owned or operated by the appropriate agency and
70 its use is authorized by such agency, or the local law
71 enforcement agency or fire department authorizes the use of such
72 vehicle or unless the person is appointed by the Governor
73 pursuant to chapter 354.
74 (4) Nothing in This section does not shall prohibit a
75 fraternal, benevolent, or labor organization or association, or
76 their chapters or subsidiaries, from using the following words,
77 in any manner or in any combination, if those words appear in
78 the official name of the organization or association: “police,”
79 “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,”
80 “Wildlife Officer,” “Marine Patrol Officer,” “marshal,”
81 “constable,” or “bailiff,.” or “fire department.”
82 Section 3. Paragraph (b) of subsection (3) of section
83 921.0022, Florida Statutes, is amended to read:
84 921.0022 Criminal Punishment Code; offense severity ranking
85 chart.—
86 (3) OFFENSE SEVERITY RANKING CHART
87 (b) LEVEL 2
88 FloridaStatute FelonyDegree Description
89 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
90 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
91 403.413(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.
92 517.07 3rd Registration of securities and furnishing of prospectus required.
93 590.28(1) 3rd Intentional burning of lands.
94 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
95 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
96 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
97 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
98 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
99 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
100 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
101 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
102 817.234(1)(a)2. 3rd False statement in support of insurance claim.
103 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
104 817.52(3) 3rd Failure to redeliver hired vehicle.
105 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
106 817.60(5) 3rd Dealing in credit cards of another.
107 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
108 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
109 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
110 831.01 3rd Forgery.
111 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
112 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
113 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
114 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
115 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
116 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
117 843.08 3rd False personation Falsely impersonating an officer.
118 893.13(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.
119 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
120 Section 4. This act shall take effect October 1, 2011.