Bill Text: FL S0190 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

       Florida Senate - 2014                                     SB 190
       
       
        
       By Senator Braynon
       
       
       
       
       
       36-00118-14                                            2014190__
    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; amending s. 843.085, F.S.;
    5         prohibiting operation or ownership of a motor vehicle
    6         falsely marked with the intent to mislead or cause
    7         another person to believe that such vehicle is
    8         authorized by a fire department for use by the person
    9         operating it; providing an exception; amending s.
   10         921.0022, F.S.; conforming provisions to changes made
   11         by the act; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 843.08, Florida Statutes, is amended to
   16  read:
   17         843.08 False personation Falsely personating officer, etc.
   18  A person who falsely assumes or pretends to be a firefighter,
   19  sheriff, officer of the Florida Highway Patrol, officer of the
   20  Fish and Wildlife Conservation Commission, officer of the
   21  Department of Transportation, officer of the Department of
   22  Financial Services, officer of the Department of Corrections,
   23  correctional probation officer, deputy sheriff, state attorney
   24  or assistant state attorney, statewide prosecutor or assistant
   25  statewide prosecutor, state attorney investigator, coroner,
   26  police officer, lottery special agent or lottery investigator,
   27  beverage enforcement agent, or watchman, or any member of the
   28  Parole Commission and any administrative aide or supervisor
   29  employed by the commission, or any personnel or representative
   30  of the Department of Law Enforcement, or a federal law
   31  enforcement officer as defined in s. 901.1505, and takes upon
   32  himself or herself to act as such, or to require any other
   33  person to aid or assist him or her in a matter pertaining to the
   34  duty of any such officer, commits a felony of the third degree,
   35  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   36  However, a person who falsely personates any such officer during
   37  the course of the commission of a felony commits a felony of the
   38  second degree, punishable as provided in s. 775.082, s. 775.083,
   39  or s. 775.084. If the commission of the felony results in the
   40  death or personal injury of another human being, the person
   41  commits a felony of the first degree, punishable as provided in
   42  s. 775.082, s. 775.083, or s. 775.084.
   43         Section 2. Subsections (2) and (4) of section 843.085,
   44  Florida Statutes, are amended to read:
   45         843.085 Unlawful use of police badges or other indicia of
   46  authority.—It is unlawful for any person:
   47         (2) To own or operate a motor vehicle marked or identified
   48  in any manner or combination by the word or words “police,”
   49  “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,”
   50  “commission officer,” “Wildlife Officer,” “Marine Patrol
   51  Officer,” “marshal,” “constable,” or “bailiff,” or “fire
   52  department,” or by any lettering, marking, or insignia, or
   53  colorable imitation thereof, including, but not limited to,
   54  stars, badges, or shields, officially used to identify the
   55  vehicle as a federal, state, county, or municipal law
   56  enforcement vehicle, or a vehicle used by a criminal justice
   57  agency as now or hereafter defined in s. 943.045, or a vehicle
   58  used by a fire department with the intent to mislead or cause
   59  another person to believe that such vehicle is an official
   60  vehicle of that agency and is authorized to be used by that
   61  agency which could deceive a reasonable person into believing
   62  that such vehicle is authorized by any of the agencies described
   63  above for use by the person operating the motor vehicle, unless
   64  such vehicle is owned or operated by the appropriate agency and
   65  its use is authorized by such agency, or the local law
   66  enforcement agency or fire department authorizes the use of such
   67  vehicle, or unless the person is appointed by the Governor
   68  pursuant to chapter 354.
   69         (4) Nothing in This section does not shall prohibit a
   70  fraternal, benevolent, or labor organization or association, or
   71  their chapters or subsidiaries, from using the following words,
   72  in any manner or in any combination, if those words appear in
   73  the official name of the organization or association: “police,”
   74  “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,”
   75  “commission officer,” “Wildlife Officer,” “Marine Patrol
   76  Officer,” “marshal,” “constable,” or “bailiff,.” or “fire
   77  department.”
   78         Section 3. Paragraph (b) of subsection (3) of section
   79  921.0022, Florida Statutes, is amended to read
   80         921.0022 Criminal Punishment Code; offense severity ranking
   81  chart.—
   82         (3) OFFENSE SEVERITY RANKING CHART
   83         (b) LEVEL 2
   84  
   85                                                                    
   86  FloridaStatute             FelonyDegree        Description        
   87  
   88  
   89  
   90  
   91  
   92  
   93  
   94  
   95  
   96  
   97  
   98  
   99  
  100  
  101  
  102  
  103  
  104  
  105  
  106  
  107  
  108  
  109  
  110  
  111  
  112  
  113  
  114  
  115  
  116  
  117  
  118  
  119         Section 4. This act shall take effect July 1, 2014.