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
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86 FloridaStatute FelonyDegree Description
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119 Section 4. This act shall take effect July 1, 2014.