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.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
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.—
85 (3) OFFENSE SEVERITY RANKING CHART
86 (b) LEVEL 2
87
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.