Florida Senate - 2015 SB 1010
By Senator Braynon
36-01330-15 20151010__
1 A bill to be entitled
2 An act relating to false personation; amending s.
3 843.08, F.S.; revising the list of officials who are
4 prohibited from being falsely personated; revising
5 terminology; amending s. 843.085, F.S.; prohibiting
6 the sale or transfer of specified badges bearing in
7 any manner or combination the words “fire department”
8 and the ownership or operation of vehicles marked or
9 identified by the words “fire department”; requiring
10 specified intent for certain offenses; providing an
11 exception; amending s. 921.0022, F.S.; conforming
12 provisions to changes made by the act; providing an
13 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, etc.
20 A person who falsely assumes or pretends to be a firefighter,
21 sheriff, officer of the Florida Highway Patrol, officer of the
22 Fish and Wildlife Conservation Commission, a fire or arson
23 investigator of the Department of Financial Services, officer of
24 the Department of Transportation, officer of the Department of
25 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 Florida Commission on Offender Review and any administrative
32 aide or supervisor employed by the commission, or any personnel
33 or representative of the Department of Law Enforcement, or a
34 federal law enforcement officer as defined in s. 901.1505, and
35 takes upon himself or herself to act as such, or to require any
36 other person to aid or assist him or her in a matter pertaining
37 to the duty of any such officer, commits a felony of the third
38 degree, punishable as provided in s. 775.082, s. 775.083, or s.
39 775.084. However, a person who falsely personates any such
40 officer during the course of the commission of a felony commits
41 a felony of the second degree, punishable as provided in s.
42 775.082, s. 775.083, or s. 775.084. If the commission of the
43 felony results in the death or personal injury of another human
44 being, the person commits a felony of the first degree,
45 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
46 The term “watchman” means a security officer licensed under
47 chapter 493.
48 Section 2. Section 843.085, Florida Statutes, is amended to
49 read:
50 843.085 Unlawful use of police badges or other indicia of
51 authority.—It is unlawful for any person:
52 (1) It is unlawful for any person, unless appointed by the
53 Governor pursuant to chapter 354, authorized by the appropriate
54 agency, or displayed in a closed or mounted case as a collection
55 or exhibit, to wear or display any authorized indicia of
56 authority, including any badge, insignia, emblem, identification
57 card, or uniform, or any colorable imitation thereof, of any
58 federal, state, county, or municipal law enforcement agency, or
59 other criminal justice agency as now or hereafter defined in s.
60 943.045, with the intent to mislead or cause another person to
61 believe that he or she is a member of that agency or is
62 authorized to display or wear such item, or to wear or display
63 any item that which could deceive a reasonable person into
64 believing that such item is authorized by any of the agencies
65 described above for use by the person displaying or wearing it,
66 or which displays in any manner or combination the word or words
67 “police,” “patrolman,” “agent,” “sheriff,” “deputy,” “trooper,”
68 “highway patrol,” “commission officer,” “Wildlife Officer,”
69 “Marine Patrol Officer,” “state attorney,” “public defender,”
70 “marshal,” “constable,” or “bailiff,” or “fire department,” with
71 the intent to mislead or cause another person to believe that he
72 or she is a member of that agency or is authorized to wear or
73 display such item which could deceive a reasonable person into
74 believing that such item is authorized by any of the agencies
75 described above for use by the person displaying or wearing it.
76 (2) It is unlawful for a person to own or operate a motor
77 vehicle marked or identified in any manner or combination by the
78 word or words “police,” “patrolman,” “sheriff,” “deputy,”
79 “trooper,” “highway patrol,” “commission officer,” “Wildlife
80 Officer,” “Marine Patrol Officer,” “marshal,” “constable,” or
81 “bailiff,” or “fire department,” or by any lettering, marking,
82 or insignia, or colorable imitation thereof, including, but not
83 limited to, stars, badges, or shields, officially used to
84 identify the vehicle as a federal, state, county, or municipal
85 law enforcement vehicle or a vehicle used by a criminal justice
86 agency as now or hereafter defined in s. 943.045, or a vehicle
87 used by a fire department with the intent to mislead or cause
88 another person to believe that such vehicle is an official
89 vehicle of that agency and is authorized to be used by that
90 agency which could deceive a reasonable person into believing
91 that such vehicle is authorized by any of the agencies described
92 above for use by the person operating the motor vehicle, unless
93 such vehicle is owned or operated by the appropriate agency and
94 its use is authorized by such agency, or the local law
95 enforcement agency or fire department authorizes the use of such
96 vehicle, or unless the person is appointed by the Governor
97 pursuant to chapter 354.
98 (3) It is unlawful for a person to sell, transfer, or give
99 away the authorized badge, or colorable imitation thereof,
100 including miniatures, of any criminal justice agency as now or
101 hereafter defined in s. 943.045, or bearing in any manner or
102 combination the word or words “police,” “patrolman,” “sheriff,”
103 “deputy,” “trooper,” “highway patrol,” “commission officer,”
104 “Wildlife Officer,” “Marine Patrol Officer,” “marshal,”
105 “constable,” “agent,” “state attorney,” “public defender,” or
106 “bailiff,” or “fire department,” with the intent to mislead or
107 cause another person to believe that he or she is a member of
108 that agency or is authorized to wear or display such item which
109 could deceive a reasonable person into believing that such item
110 is authorized by any of the agencies described above, except for
111 agency purchases or upon the presentation and recordation of
112 both a driver license and other identification showing any
113 transferee to actually be a member of such criminal justice
114 agency or unless the person is appointed by the Governor
115 pursuant to chapter 354. A transferor of an item covered by this
116 subsection is required to maintain for 2 years a written record
117 of such transaction, including records showing compliance with
118 this subsection, and if such transferor is a business, it shall
119 make such records available during normal business hours for
120 inspection by any law enforcement agency having jurisdiction in
121 the area where the business is located.
122 (4) Nothing in This section does not shall prohibit a
123 fraternal, benevolent, or labor organization or association, or
124 their chapters or subsidiaries, from using the following words,
125 in any manner or in any combination, if those words appear in
126 the official name of the organization or association: “police,”
127 “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,”
128 “commission officer,” “Wildlife Officer,” “Marine Patrol
129 Officer,” “marshal,” “constable,” or “bailiff,.” or “fire
130 department.”
131 (5) Violation of any provision of this section is a
132 misdemeanor of the first degree, punishable as provided in s.
133 775.082 or s. 775.083. This section is cumulative to any law now
134 in force in the state.
135 Section 3. Paragraph (b) of subsection (3) of section
136 921.0022, Florida Statutes, is amended to read:
137 921.0022 Criminal Punishment Code; offense severity ranking
138 chart.—
139 (3) OFFENSE SEVERITY RANKING CHART
140 (b) LEVEL 2
141
142
143 FloridaStatute FelonyDegree Description
144 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
145 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
146 403.413(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.
147 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
148 590.28(1) 3rd Intentional burning of lands.
149 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
150 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
151 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
152 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
153 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
154 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
155 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
156 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
157 817.234(1)(a)2. 3rd False statement in support of insurance claim.
158 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
159 817.52(3) 3rd Failure to redeliver hired vehicle.
160 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
161 817.60(5) 3rd Dealing in credit cards of another.
162 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
163 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
164 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
165 831.01 3rd Forgery.
166 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
167 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
168 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
169 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
170 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
171 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
172 843.08 3rd False personation Falsely impersonating an officer.
173 893.13(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.
174 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
175 Section 4. This act shall take effect October 1, 2015.