Title: False Personation

Summary: Prohibits person from falsely personating firefighter or certain law enforcement officers if his or her action could deceive reasonable person into believing that he or she was bona fide official; prohibits operation or ownership of motor vehicle falsely marked in way which could deceive reasonable person into believing that such vehicle is authorized by fire department for use by person operating it; provides exception.

Full Text:
An act relating to false personation; amending s. 843.08, F.S.; prohibiting a person from falsely personating a firefighter or certain law enforcement officers if his or her action could deceive a reasonable person into believing that he or she was a bona fide official; amending s. 843.085, F.S.; prohibiting operation or ownership of a motor vehicle falsely marked in a way which could deceive a reasonable person into believing that such vehicle is authorized by a fire department for use by the person operating it; providing an exception; amending s. 921.0022, F.S.; conforming provisions to changes made by the act; providing an effective date. 15 Be It Enacted by the Legislature of the State of Florida: 17 Section 1. Section 843.08, Florida Statutes, is amended to read: 843.08 False personation Falsely personating officer, etc.-A person who falsely assumes or pretends to be a firefighter, sheriff, officer of the Florida Highway Patrol, officer of the Fish and Wildlife Conservation Commission, officer of the Department of Environmental Protection, officer of the Department of Transportation, officer of the Department of Financial Services, officer of the Department of Corrections, correctional probation officer, deputy sheriff, state attorney or assistant state attorney, statewide prosecutor or assistant statewide prosecutor, state attorney investigator, coroner, police officer, lottery special agent or lottery investigator, beverage enforcement agent, or watchman, or any member of the Parole Commission and any administrative aide or supervisor employed by the commission, or any personnel or representative of the Department of Law Enforcement or any other criminal justice agency as defined in s. 943.045, whether federal, state, local, municipal, tribal, or territorial, if his or her action could deceive a reasonable person into believing that he or she was a bona fide law enforcement official,or a federal law enforcement officer as defined in s. 901.1505, and takes upon himself or herself to act as such, or to require any other person to aid or assist him or her in a matter pertaining to the duty of any such officer, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; however, a person who falsely personates any such officer during the course of the commission of a felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; except that if the commission of the felony results in the death or personal injury of another human being, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Section 2. Subsections (2) and (4) of section 843.085, Florida Statutes, are amended to read: 843.085 Unlawful use of police badges or other indicia of authority.-It is unlawful for any person: (2) To own or operate a motor vehicle marked or identified in any manner or combination by the word or words "police," "patrolman," "sheriff," "deputy," "trooper," "highway patrol," "Wildlife Officer," "Marine Patrol Officer," "marshal," "constable," or "bailiff," or "fire department," or by any lettering, marking, or insignia, or colorable imitation thereof, including, but not limited to, stars, badges, or shields, officially used to identify the vehicle as a federal, state, county, or municipal law enforcement vehicle,or a vehicle used by a criminal justice agency as now or hereafter defined in s. 943.045, or a vehicle used by a fire department which could deceive a reasonable person into believing that such vehicle is authorized by any of the agencies described in this subsection above for use by the person operating the motor vehicle, unless such vehicle is owned or operated by the appropriate agency and its use is authorized by such agency, or the local law enforcement agency or fire department authorizes the use of such vehicle or unless the person is appointed by the Governor pursuant to chapter 354. (4) Nothing in This section does not shall prohibit a fraternal, benevolent, or labor organization or association, or their chapters or subsidiaries, from using the following words, in any manner or in any combination, if those words appear in the official name of the organization or association: "police," "patrolman," "sheriff," "deputy," "trooper," "highway patrol," "Wildlife Officer," "Marine Patrol Officer," "marshal," "constable," or "bailiff,. " or "fire department." Section 3. Paragraph (b) of subsection (3) of section 921.0022, Florida Statutes, is amended to read: 921.0022 Criminal Punishment Code; offense severity ranking chart.-(3) OFFENSE SEVERITY RANKING CHART (b) LEVEL 87 Florida Statute Felony Degree Description 379.2431 (1)(e)3. 3rd Possession of or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 379.2431 (1)(e)4. 3rd Possession of more than marine turtle eggs in violation of the Marine Turtle Protection Act. 403.413(5)(c) 3rd Dumps waste litter exceeding lbs. in weight or cubic feet in volume or any quantity for commercial purposes, or hazardous waste. 517.07 3rd Registration of securities and furnishing of prospectus required. 590.28(1) 3rd Intentional burning of lands. 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property. 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000. 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 817.234(1)(a)2. 3rd False statement in support of insurance claim. 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 817.52(3) 3rd Failure to redeliver hired vehicle. 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 817.60(5) 3rd Dealing in credit cards of another. 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 817.61 3rd Fraudulent use of credit cards over $100 or more within months. 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 831.01 3rd Forgery. 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 831.08 3rd Possessing or more forged notes, bills, checks, or drafts. 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 843.08 3rd False personation Falsely impersonating an officer.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. 893.147(2) 3rd Manufacture or delivery of drug paraphernalia. 120 Section 4. This act shall take effect October 1, 2011.