Bill Text: FL S0190 | 2014 | Regular Session | Comm Sub
Bill Title: False Personation
Spectrum: Bipartisan Bill
Status: (Failed) 2014-05-02 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0190 Detail]
Download: Florida-2014-S0190-Comm_Sub.html
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 personationFalsely 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 asnow or hereafterdefined 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 agencywhich could deceive a reasonable person into believing65that such vehicle is authorized by any of the agencies described66above 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,orthe local law 69 enforcement agency or fire department authorizes the use of such 70 vehicle, orunlessthe person is appointed by the Governor 71 pursuant to chapter 354. 72 (4)Nothing inThis section does notshallprohibit 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 personationFalsely 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.