| 1 | A bill to be entitled |
| 2 | An act relating to misrepresentation of military status; |
| 3 | amending s. 496.415, F.S.; prohibiting a person from |
| 4 | falsely representing himself or herself as a member of, or |
| 5 | as a person who represents, the United States Armed Forces |
| 6 | or organized militia for the purpose of solicitation of |
| 7 | charitable contributions or participation in a charitable |
| 8 | or sponsor sales promotion; prohibiting a person from |
| 9 | wearing the uniform of, or any medal or insignia |
| 10 | authorized for use by members or veterans of, the United |
| 11 | States Armed Forces or the organized militia with the |
| 12 | intent to misrepresent himself or herself as a member or |
| 13 | veteran of the United States Armed Forces or organized |
| 14 | militia and for commercial purposes; providing criminal |
| 15 | penalties; providing nonapplicability of the act to |
| 16 | members of certain congressionally chartered veterans' |
| 17 | organizations while engaged in planning, conducting, or |
| 18 | executing a solicitation or charitable or sponsor sales |
| 19 | promotion; providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Subsection (6) of section 496.415, Florida |
| 24 | Statutes, is amended to read: |
| 25 | 496.415 Prohibited acts.-It is unlawful for any person in |
| 26 | connection with the planning, conduct, or execution of any |
| 27 | solicitation or charitable or sponsor sales promotion to: |
| 28 | (6) Falsely state that he or she the person is a member of |
| 29 | or a representative of a charitable organization or sponsor, or |
| 30 | falsely state or represent that he or she the person is a member |
| 31 | of or represents the United States Armed Forces, the organized |
| 32 | militia, or a law enforcement or emergency service organization. |
| 33 | Section 2. (1) A person may not, with the intent to |
| 34 | misrepresent himself or herself as a member or veteran of the |
| 35 | United States Armed Forces or organized militia and for |
| 36 | commercial purposes, wear the uniform of or any medal or |
| 37 | insignia authorized for use by members or veterans of the United |
| 38 | States Armed Forces or the organized militia. |
| 39 | (2) A person who violates subsection (1) commits a felony |
| 40 | of the third degree, punishable as provided in s. 775.082, s. |
| 41 | 775.083, or s. 775.084, Florida Statutes. |
| 42 | Section 3. This act does not apply to members of veterans' |
| 43 | organizations that are congressionally chartered under Title 36 |
| 44 | U.S.C. while the members are engaged in planning, conducting, or |
| 45 | executing a solicitation or charitable or sponsor sales |
| 46 | promotion. |
| 47 | Section 4. This act shall take effect October 1, 2010. |