| 1 | A bill to be entitled |
| 2 | An act relating to false personation; amending s. 843.08, |
| 3 | F.S.; prohibiting a person from falsely personating a |
| 4 | firefighter or certain law enforcement officers if his or |
| 5 | her action could deceive a reasonable person into |
| 6 | believing that he or she was a bona fide official; |
| 7 | amending s. 843.085, F.S.; prohibiting operation or |
| 8 | ownership of a motor vehicle falsely marked in a way which |
| 9 | could deceive a reasonable person into believing that such |
| 10 | vehicle is authorized by a fire department for use by the |
| 11 | person operating it; providing an exception; amending s. |
| 12 | 921.0022, F.S.; conforming provisions to changes made by |
| 13 | the act; providing an effective date. |
| 14 |
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| 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, |
| 20 | etc.-A person who falsely assumes or pretends to be a |
| 21 | firefighter, sheriff, officer of the Florida Highway Patrol, |
| 22 | officer of the Fish and Wildlife Conservation Commission, |
| 23 | officer of the Department of Environmental Protection, officer |
| 24 | of the Department of Transportation, officer of the Department |
| 25 | of 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 | Parole Commission and any administrative aide or supervisor |
| 32 | employed by the commission, or any personnel or representative |
| 33 | of the Department of Law Enforcement or any other criminal |
| 34 | justice agency as defined in s. 943.045, whether federal, state, |
| 35 | local, municipal, tribal, or territorial, if his or her action |
| 36 | could deceive a reasonable person into believing that he or she |
| 37 | was a bona fide law enforcement official, or a federal law |
| 38 | enforcement officer as defined in s. 901.1505, and takes upon |
| 39 | himself or herself to act as such, or to require any other |
| 40 | person to aid or assist him or her in a matter pertaining to the |
| 41 | duty of any such officer, commits a felony of the third degree, |
| 42 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084; |
| 43 | however, a person who falsely personates any such officer during |
| 44 | the course of the commission of a felony commits a felony of the |
| 45 | second degree, punishable as provided in s. 775.082, s. 775.083, |
| 46 | or s. 775.084; except that if the commission of the felony |
| 47 | results in the death or personal injury of another human being, |
| 48 | the person commits a felony of the first degree, punishable as |
| 49 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 50 | Section 2. Subsections (2) and (4) of section 843.085, |
| 51 | Florida Statutes, are amended to read: |
| 52 | 843.085 Unlawful use of police badges or other indicia of |
| 53 | authority.-It is unlawful for any person: |
| 54 | (2) To own or operate a motor vehicle marked or identified |
| 55 | in any manner or combination by the word or words "police," |
| 56 | "patrolman," "sheriff," "deputy," "trooper," "highway patrol," |
| 57 | "Wildlife Officer," "Marine Patrol Officer," "marshal," |
| 58 | "constable," or "bailiff," or "fire department," or by any |
| 59 | lettering, marking, or insignia, or colorable imitation thereof, |
| 60 | including, but not limited to, stars, badges, or shields, |
| 61 | officially used to identify the vehicle as a federal, state, |
| 62 | county, or municipal law enforcement vehicle, or a vehicle used |
| 63 | by a criminal justice agency as now or hereafter defined in s. |
| 64 | 943.045, or a vehicle used by a fire department which could |
| 65 | deceive a reasonable person into believing that such vehicle is |
| 66 | authorized by any of the agencies described in this subsection |
| 67 | above for use by the person operating the motor vehicle, unless |
| 68 | such vehicle is owned or operated by the appropriate agency and |
| 69 | its use is authorized by such agency, or the local law |
| 70 | enforcement agency or fire department authorizes the use of such |
| 71 | vehicle or unless the person is appointed by the Governor |
| 72 | pursuant to chapter 354. |
| 73 | (4) Nothing in This section does not shall prohibit a |
| 74 | fraternal, benevolent, or labor organization or association, or |
| 75 | their chapters or subsidiaries, from using the following words, |
| 76 | in any manner or in any combination, if those words appear in |
| 77 | the official name of the organization or association: "police," |
| 78 | "patrolman," "sheriff," "deputy," "trooper," "highway patrol," |
| 79 | "Wildlife Officer," "Marine Patrol Officer," "marshal," |
| 80 | "constable," or "bailiff,." or "fire 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 |
| 84 | ranking chart.- |
| 85 | (3) OFFENSE SEVERITY RANKING CHART |
| 86 | (b) LEVEL 2 |
| 87 |
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| | | Florida Statute | Felony Degree | Description |
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| 88 |
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| | | 379.2431 (1)(e)3. | 3rd | Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. |
|
| 89 |
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| | | 379.2431 (1)(e)4. | 3rd | Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. |
|
| 90 |
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| | | 403.413(5)(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. |
|
| 91 |
|
| | | 517.07 | 3rd | Registration of securities and furnishing of prospectus required. |
|
| 92 |
|
| | | 590.28(1) | 3rd | Intentional burning of lands. |
|
| 93 |
|
| | | 784.05(3) | 3rd | Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. |
|
| 94 |
|
| | | 787.04(1) | 3rd | In violation of court order, take, entice, etc., minor beyond state limits. |
|
| 95 |
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| | | 806.13(1)(b)3. | 3rd | Criminal mischief; damage $1,000 or more to public communication or any other public service. |
|
| 96 |
|
| | | 810.061(2) | 3rd | Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. |
|
| 97 |
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| | | 810.09(2)(e) | 3rd | Trespassing on posted commercial horticulture property. |
|
| 98 |
|
| | | 812.014(2)(c)1. | 3rd | Grand theft, 3rd degree; $300 or more but less than $5,000. |
|
| 99 |
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| | | 812.014(2)(d) | 3rd | Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. |
|
| 100 |
|
| | | 812.015(7) | 3rd | Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. |
|
| 101 |
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| | | 817.234(1)(a)2. | 3rd | False statement in support of insurance claim. |
|
| 102 |
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| | | 817.481(3)(a) | 3rd | Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. |
|
| 103 |
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| | | 817.52(3) | 3rd | Failure to redeliver hired vehicle. |
|
| 104 |
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| | | 817.54 | 3rd | With intent to defraud, obtain mortgage note, etc., by false representation. |
|
| 105 |
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| | | 817.60(5) | 3rd | Dealing in credit cards of another. |
|
| 106 |
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| | | 817.60(6)(a) | 3rd | Forgery; purchase goods, services with false card. |
|
| 107 |
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| | | 817.61 | 3rd | Fraudulent use of credit cards over $100 or more within 6 months. |
|
| 108 |
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| | | 826.04 | 3rd | Knowingly marries or has sexual intercourse with person to whom related. |
|
| 109 |
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| | |
| 110 |
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| | | 831.02 | 3rd | Uttering forged instrument; utters or publishes alteration with intent to defraud. |
|
| 111 |
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| | | 831.07 | 3rd | Forging bank bills, checks, drafts, or promissory notes. |
|
| 112 |
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| | | 831.08 | 3rd | Possessing 10 or more forged notes, bills, checks, or drafts. |
|
| 113 |
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| | | 831.09 | 3rd | Uttering forged notes, bills, checks, drafts, or promissory notes. |
|
| 114 |
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| | | 831.11 | 3rd | Bringing into the state forged bank bills, checks, drafts, or notes. |
|
| 115 |
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| | | 832.05(3)(a) | 3rd | Cashing or depositing item with intent to defraud. |
|
| 116 |
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| | | 843.08 | 3rd | False personation Falsely impersonating an officer. |
|
| 117 |
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| | | 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. |
|
| 118 |
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| | | 893.147(2) | 3rd | Manufacture or delivery of drug paraphernalia. |
|
| 119 |
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| 120 | Section 4. This act shall take effect October 1, 2011. |
