Bill Text: FL S1010 | 2015 | Regular Session | Enrolled

---

Bill Title: False Personation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-05-15 - Chapter No. 2015-29 [S1010 Detail]

Download: Florida-2015-S1010-Enrolled.html

---

       ENROLLED
       2015 Legislature                                         SB 1010
       
       
       
       
       
       
                                                             20151010er
    1  
    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.