Florida Senate - 2013                                     SB 890
       By Senator Braynon
       36-00993-13                                            2013890__
    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 or certain law enforcement
    5         officers if his or her action could deceive a
    6         reasonable person into believing that he or she was a
    7         bona fide official; amending s. 843.085, F.S.;
    8         prohibiting operation or ownership of a motor vehicle
    9         falsely marked in a way which could deceive a
   10         reasonable person into believing that such vehicle is
   11         authorized by a fire department for use by the person
   12         operating it; providing an exception; amending s.
   13         921.0022, F.S.; conforming provisions to changes made
   14         by the act; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 843.08, Florida Statutes, is amended to
   19  read:
   20         843.08 False personation Falsely personating officer, etc.
   21  A person who falsely assumes or pretends to be a firefighter,
   22  sheriff, officer of the Florida Highway Patrol, officer of the
   23  Fish and Wildlife Conservation Commission, officer of the
   24  Department of Transportation, officer of the Department of
   25  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. If the commission of the felony results in the
   47  death or personal injury of another human being, the person
   48  commits a felony of the first degree, punishable as provided in
   49  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  “commission officer,” “Wildlife Officer,” “Marine Patrol
   58  Officer,” “marshal,” “constable,” or “bailiff,” or “fire
   59  department,” or by any lettering, marking, or insignia, or
   60  colorable imitation thereof, including, but not limited to,
   61  stars, badges, or shields, officially used to identify the
   62  vehicle as a federal, state, county, or municipal law
   63  enforcement vehicle or a vehicle used by a criminal justice
   64  agency as now or hereafter defined in s. 943.045, or a vehicle
   65  used by a fire department which could deceive a reasonable
   66  person into believing that such vehicle is authorized by any of
   67  the agencies described in this subsection above for use by the
   68  person operating the motor vehicle, unless such vehicle is owned
   69  or operated by the appropriate agency and its use is authorized
   70  by such agency, or the local law enforcement agency or fire
   71  department authorizes the use of such vehicle or unless the
   72  person is appointed by the Governor 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  “commission officer,” “Wildlife Officer,” “Marine Patrol
   80  Officer,” “marshal,” “constable,” or “bailiff,.or “fire
   81  department.”
   82         Section 3. Paragraph (b) of subsection (3) of section
   83  921.0022, Florida Statutes, is amended to read:
   84         921.0022 Criminal Punishment Code; offense severity ranking
   85  chart.—
   87         (b) LEVEL 2
   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(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.
   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 personation Falsely 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 October 1, 2013.