Florida Senate - 2013                              CS for SB 890
       By the Committee on Criminal Justice; and Senator Braynon
       591-03342A-13                                          2013890c1
    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.
   13  Be It Enacted by the Legislature of the State of Florida:
   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.—
   83         (b) LEVEL 2
   84  FloridaStatute   FelonyDegree                Description                 
   85  379.2431 (1)(e)3.  3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
   86  379.2431 (1)(e)4.  3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
   87  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.
   88  517.07(2)          3rd   Failure to furnish a prospectus meeting requirements.
   89  590.28(1)          3rd   Intentional burning of lands.               
   90  784.05(3)          3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
   91  787.04(1)          3rd   In violation of court order, take, entice, etc., minor beyond state limits.
   92  806.13(1)(b)3.     3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
   93  810.061(2)         3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
   94  810.09(2)(e)       3rd   Trespassing on posted commercial horticulture property.
   95  812.014(2)(c)1.    3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
   96  812.014(2)(d)      3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
   97  812.015(7)         3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
   98  817.234(1)(a)2.    3rd   False statement in support of insurance claim.
   99  817.481(3)(a)      3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  100  817.52(3)          3rd   Failure to redeliver hired vehicle.         
  101  817.54             3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  102  817.60(5)          3rd   Dealing in credit cards of another.         
  103  817.60(6)(a)       3rd   Forgery; purchase goods, services with false card.
  104  817.61             3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  105  826.04             3rd   Knowingly marries or has sexual intercourse with person to whom related.
  106  831.01             3rd   Forgery.                                    
  107  831.02             3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  108  831.07             3rd   Forging bank bills, checks, drafts, or promissory notes.
  109  831.08             3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  110  831.09             3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  111  831.11             3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  112  832.05(3)(a)       3rd   Cashing or depositing item with intent to defraud.
  113  843.08             3rd   False personation Falsely impersonating an officer.
  114  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.
  115  893.147(2)         3rd   Manufacture or delivery of drug paraphernalia.
  116         Section 4. This act shall take effect October 1, 2013.