May 14th 2011 @12:52pm ( florida sttutes /chpater 843 obstucting justice unlawfuluse of police badges or other indicia of authority ) )


Title XLVI

CRIMES

Chapter 843

OBSTRUCTING JUSTICE
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843.085  Unlawful use of police badges or other indicia of authority.–It is unlawful for any person:

(1)  Unless appointed by the Governor pursuant to chapter 354,
authorized by the appropriate agency, or displayed in a closed or
mounted case as a collection or exhibit, to wear or display any
authorized indicia of authority, including any badge, insignia, emblem,
identification card, or uniform, or any colorable imitation thereof, of
any federal, state, county, or municipal law enforcement agency, or
other criminal justice agency as now or hereafter defined in s. 943.045,
which could deceive a reasonable person into believing that such item
is authorized by any of the agencies described above for use by the
person displaying or wearing it, or which displays in any manner or
combination the word or words “police,” “patrolman,” “agent,” “sheriff,”
“deputy,” “trooper,” “highway patrol,” “Wildlife Officer,” “Marine
Patrol Officer,” “state attorney,” “public defender,” “marshal,”
“constable,” or “bailiff,” which could deceive a reasonable person into
believing that such item is authorized by any of the agencies described
above for use by the person displaying or wearing it.

(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 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,
which could deceive a reasonable person into believing that such
vehicle is authorized by any of the agencies described 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 authorizes the use of such
vehicle or unless the person is appointed by the Governor pursuant to
chapter 354.

(3)  To sell, transfer, or give away the authorized badge, or
colorable imitation thereof, including miniatures, of any criminal
justice agency as now or hereafter defined in s. 943.045,
or bearing in any manner or combination the word or words “police,”
“patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,” “Wildlife
Officer,” “Marine Patrol Officer,” “marshal,” “constable,” “agent,”
“state attorney,” “public defender,” or “bailiff,” which could deceive a
reasonable person into believing that such item is authorized by any of
the agencies described above, except for agency purchases or upon the
presentation and recordation of both a driver’s license and other
identification showing any transferee to actually be a member of such
criminal justice agency or unless the person is appointed by the
Governor pursuant to chapter 354. A transferor of an item covered by
this subsection is required to maintain for 2 years a written record of
such transaction, including records showing compliance with this
subsection, and if such transferor is a business, it shall make such
records available during normal business hours for inspection by any law
enforcement agency having jurisdiction in the area where the business
is located.

(4)  Nothing in this section 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.”

(5)  Violation of any provision of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section is cumulative to any law now in force in the state.

History.–s. 1, ch. 91-163; s. 2, ch. 94-103.

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