Florida Senate - 2019                                     SB 136
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00262-19                                            2019136__
    1                        A bill to be entitled                      
    2         An act relating to false personation; amending s.
    3         843.08, F.S.; adding school guardians to the list of
    4         officials the false personation of whom is prohibited
    5         and is subject to criminal penalties; making technical
    6         changes; reenacting s. 921.0022(3)(b), F.S., relating
    7         to the offense severity ranking chart of the Criminal
    8         Punishment Code, to incorporate the amendment made to
    9         s. 843.08, F.S., in a reference thereto; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 843.08, Florida Statutes, is amended to
   15  read:
   16         843.08 False personation.—A person who falsely assumes or
   17  pretends to be a firefighter, a sheriff, an officer of the
   18  Florida Highway Patrol, an officer of the Fish and Wildlife
   19  Conservation Commission, a fire or arson investigator of the
   20  Department of Financial Services, an officer of the Department
   21  of Financial Services, an officer of the Department of
   22  Corrections, a correctional probation officer, a deputy sheriff,
   23  a state attorney or an assistant state attorney, a statewide
   24  prosecutor or an assistant statewide prosecutor, a state
   25  attorney investigator, a coroner, a police officer, a lottery
   26  special agent or lottery investigator, a beverage enforcement
   27  agent, a school guardian as described in s. 30.15(1)(k), a
   28  security officer licensed under chapter 493 or watchman, or any
   29  member of the Florida Commission on Offender Review or and any
   30  administrative aide or supervisor employed by the commission, or
   31  any personnel or representative of the Department of Law
   32  Enforcement, or a federal law enforcement officer as defined in
   33  s. 901.1505, and takes upon himself or herself to act as such,
   34  or to require any other person to aid or assist him or her in a
   35  matter pertaining to the duty of any such officer, commits a
   36  felony of the third degree, punishable as provided in s.
   37  775.082, s. 775.083, or s. 775.084. However, a person who
   38  falsely personates any such officer during the course of the
   39  commission of a felony commits a felony of the second degree,
   40  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   41  If the commission of the felony results in the death or personal
   42  injury of another human being, the person commits a felony of
   43  the first degree, punishable as provided in s. 775.082, s.
   44  775.083, or s. 775.084. The term “watchman” means a security
   45  officer licensed under chapter 493.
   46         Section 2. For the purpose of incorporating the amendment
   47  made by this act to section 843.08, Florida Statutes, in a
   48  reference thereto, paragraph (b) of subsection (3) of section
   49  921.0022, Florida Statutes, is reenacted to read:
   50         921.0022 Criminal Punishment Code; offense severity ranking
   51  chart.—
   52         (3) OFFENSE SEVERITY RANKING CHART
   53         (b) LEVEL 2
   54  
   55  FloridaStatute             FelonyDegree        Description        
   56  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
   57  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
   58  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.
   59  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
   60  590.28(1)                      3rd     Intentional burning of lands.
   61  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
   62  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
   63  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
   64  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
   65  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
   66  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $300 or more but less than $5,000.
   67  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
   68  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
   69  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
   70  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
   71  817.52(3)                      3rd     Failure to redeliver hired vehicle.
   72  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
   73  817.60(5)                      3rd     Dealing in credit cards of another.
   74  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
   75  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
   76  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
   77  831.01                         3rd     Forgery.                   
   78  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
   79  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
   80  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
   81  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
   82  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
   83  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
   84  843.08                         3rd     False personation.         
   85  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
   86  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
   87         Section 3. This act shall take effect October 1, 2019.