Florida Senate - 2014                              CS for SB 190
       By the Committee on Criminal Justice; and Senator Braynon
       591-03100-14                                           2014190c1
    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; defining the term
    5         “watchman”; amending s. 843.085, F.S.; prohibiting
    6         operation or ownership of a motor vehicle falsely
    7         marked with the intent to mislead or cause another
    8         person to believe that such vehicle is authorized by a
    9         fire department for use by the person operating it;
   10         providing an exception; amending s. 921.0022, F.S.;
   11         conforming provisions to changes made by the act;
   12         providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 843.08, Florida Statutes, is amended to
   17  read:
   18         843.08 False personation Falsely personating officer, etc.
   19  A person who falsely assumes or pretends to be a firefighter,
   20  sheriff, officer of the Florida Highway Patrol, officer of the
   21  Fish and Wildlife Conservation Commission, officer of the
   22  Department of Transportation, officer of the Department of
   23  Financial Services, officer of the Department of Corrections,
   24  correctional probation officer, deputy sheriff, state attorney
   25  or assistant state attorney, statewide prosecutor or assistant
   26  statewide prosecutor, state attorney investigator, coroner,
   27  police officer, lottery special agent or lottery investigator,
   28  beverage enforcement agent, or watchman, or any member of the
   29  Parole Commission and any administrative aide or supervisor
   30  employed by the commission, or any personnel or representative
   31  of the Department of Law Enforcement, or a federal law
   32  enforcement officer as defined in s. 901.1505, and takes upon
   33  himself or herself to act as such, or to require any other
   34  person to aid or assist him or her in a matter pertaining to the
   35  duty of any such officer, commits a felony of the third degree,
   36  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   37  However, a person who falsely personates any such officer during
   38  the course of the commission of a felony commits a felony of the
   39  second degree, punishable as provided in s. 775.082, s. 775.083,
   40  or s. 775.084. If the commission of the felony results in the
   41  death or personal injury of another human being, the person
   42  commits a felony of the first degree, punishable as provided in
   43  s. 775.082, s. 775.083, or s. 775.084. As used in this section,
   44  the term “watchman” means a security officer licensed under
   45  chapter 493.
   46         Section 2. Subsections (2) and (4) of section 843.085,
   47  Florida Statutes, are amended to read:
   48         843.085 Unlawful use of police badges or other indicia of
   49  authority.—It is unlawful for any person:
   50         (2) To own or operate a motor vehicle marked or identified
   51  in any manner or combination by the word or words “police,”
   52  “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,”
   53  “commission officer,” “Wildlife Officer,” “Marine Patrol
   54  Officer,” “marshal,” “constable,” or “bailiff,” or “fire
   55  department,” or by any lettering, marking, or insignia, or
   56  colorable imitation thereof, including, but not limited to,
   57  stars, badges, or shields, officially used to identify the
   58  vehicle as a federal, state, county, or municipal law
   59  enforcement vehicle or a vehicle used by a criminal justice
   60  agency as now or hereafter defined in s. 943.045, or a vehicle
   61  used by a fire department with the intent to mislead or cause
   62  another person to believe that such vehicle is an official
   63  vehicle of that agency and is authorized to be used by that
   64  agency which could deceive a reasonable person into believing
   65  that such vehicle is authorized by any of the agencies described
   66  above for use by the person operating the motor vehicle, unless
   67  such vehicle is owned or operated by the appropriate agency and
   68  its use is authorized by such agency, or the local law
   69  enforcement agency or fire department authorizes the use of such
   70  vehicle, or unless the person is appointed by the Governor
   71  pursuant to chapter 354.
   72         (4) Nothing in This section does not shall prohibit a
   73  fraternal, benevolent, or labor organization or association, or
   74  their chapters or subsidiaries, from using the following words,
   75  in any manner or in any combination, if those words appear in
   76  the official name of the organization or association: “police,”
   77  “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,”
   78  “commission officer,” “Wildlife Officer,” “Marine Patrol
   79  Officer,” “marshal,” “constable,” or “bailiff,.or “fire
   80  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 ranking
   84  chart.—
   86         (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(6)(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(2)                      3rd     Failure to furnish a prospectus meeting requirements.
   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 July 1, 2014.