F.S. 843.08 on Google Scholar

F.S. 843.08 on Casetext

Amendments to 843.08

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XLVI
Chapter 843
View Entire Chapter
F.S. 843.08 Florida Statutes and Case Law
843.08 False personation.A person who falsely assumes or pretends to be a firefighter, a sheriff, an officer of the Florida Highway Patrol, an officer of the Fish and Wildlife Conservation Commission, an officer of the Department of Environmental Protection, an officer of the Department of Financial Services, any personnel or representative of the Division of Investigative and Forensic Services, an officer of the Department of Corrections, a correctional probation officer, a deputy sheriff, a state attorney or an assistant state attorney, a statewide prosecutor or an assistant statewide prosecutor, a state attorney investigator, a coroner, a police officer, a lottery special agent or lottery investigator, a beverage enforcement agent, a school guardian as described in s. 30.15(1)(k), a security officer licensed under chapter 493, any member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission, any personnel or representative of the Department of Law Enforcement, 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. 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. In determining whether a defendant has violated this section, the court or jury may consider any relevant evidence, including, but not limited to, whether the defendant used lights in violation of s. 316.2397 or s. 843.081.
History.s. 18, ch. 1637, 1868; RS 2587; GS 3507; RGS 5395; CGL 7535; s. 3, ch. 28118, 1953; s. 1, ch. 63-433; ss. 1, chs. 65-148, 65-199; s. 3, ch. 67-2207; ss. 20, 25, 33, 35, ch. 69-106; s. 1041, ch. 71-136; s. 32, ch. 73-334; s. 1, ch. 77-174; s. 28, ch. 79-8; s. 42, ch. 88-122; s. 1, ch. 88-339; s. 8, ch. 89-208; s. 475, ch. 94-356; s. 65, ch. 95-257; s. 9, ch. 95-283; s. 3, ch. 96-256; s. 232, ch. 99-245; s. 20, ch. 2006-305; s. 2, ch. 2007-112; s. 28, ch. 2012-88; s. 20, ch. 2014-191; s. 1, ch. 2015-29; s. 2, ch. 2019-22; s. 14, ch. 2019-141; s. 31, ch. 2021-113; s. 7, ch. 2022-180.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 843.08 on Google Scholar

F.S. 843.08 on Casetext

Amendments to 843.08

Arrestable Offenses / Crimes under Fla. Stat. 843.08
Level: Degree
Misdemeanor/Felony: First/Second/Third


Civil Citations / Citable Offenses under S843.08
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 843.08.

Annotations, Discussions, Cases:

  1. Lewis v. State

    97 So. 3d 285 (Fla. Dist. Ct. App. 2012)
    Lewis was charged with falsely personating an officer during the commission of a felony, in violation of section 843.08, Florida Statutes (2008), which provides in relevant part:
    PAGE 286
  2. In re Standard Jury Instructions in Criminal Cases-Report No. 2015-08

    194 So. 3d 1007 (Fla. 2016)   Cited 4 times

    This instruction was approved in 1981 and amended in 2016. 21.16 FALSELY PERSONATING AN OFFICER § 843.08, Fla. Stat. To prove the crime of Falsely Personating An Officer, the State must prove the following

    received law enforcement training equivalent to training for Florida law enforcement officers. § 843.08, Fla. Stat. A “watchman” means a security officer licensed under Chapter 493 of the Florida Statutes

  3. State v. Beaubrun

    36 So. 3d 897 (Fla. Dist. Ct. App. 2010)   Cited 2 times
    Thus, based on the defendant's attire, his vehicle, and his actions, the jury could reasonably find that the defendant "falsely assume[d] or pretend[ed] to be a . . . police officer . . . and [took] upon himself to act as such," in violation of section 843.08. Accordingly, we reverse the trial court's order of dismissal and remand for reinstatement of the charge against the defendant.
    PAGE 901
  4. State v. Alecia

    692 So. 2d 263 (Fla. Dist. Ct. App. 1997)   Cited 1 times
    Appellant appeals the trial court's judgment declaring a portion of section 843.08, Florida Statutes (1995) unconstitutional and dismissing a charge of falsely assuming or pretending to be a deputy sheriff.
  5. Lavis Plumbing Services v. Johnson

    515 So. 2d 296 (Fla. Dist. Ct. App. 1987)   Cited 5 times
    As stated in its initial enactment in 1868, section 843.08, Florida Statutes, was not intended by the Legislature to protect a particular class. Rather, in Chapter 1,637, [sub]Chapter VI, Laws of Florida (1868), a variety of crimes were enumerated under the heading of "Offenses Against Public Justice," including, at section 18, the predecessor to section 843.08. While the statute has been amended a number of times, the only modifications made have been to the names of law enforcement agency officials being impersonated. Since the stated statutory purpose was and remains protection of the "public justice" and not the protection of a "special class," as required by Roger Rankin Enterprises, 433 So.2d at 1250, and Rosenberg v. Ryder Leasing, 168 So.2d at 680, we cannot glean from the statute any purpose to benefit any "especial," identifiable class.
    PAGE 298
    PAGE 557
  7. Moline v. Sec'y, Fla. Dep't of Corr.

    Case No. 3:09-cv-687-J-34JBT (M.D. Fla. Sep. 25, 2012)
    The Defendant's first sub-claim is that Florida Statute § 843.08 does not authorize habitual felony offender classification. The Defendant's claim is meritorious. The Defendant was charged pursuant to section 843.08, Florida Statutes (1995) with falsely personating a police officer during the course of the commission of a felony. (Exhibit "D.") Section 843.08, Florida Statutes (1995), provided for sentencing pursuant to sections 775.082 and 775.083, Florida Statutes (1995). The statute did not provide for sentencing as an H.F.O. pursuant to section 775.084, Florida Statu[t]es (1995). § 843.08, Fla. Stat. (1995). Therefore, the Defendant's classification as an H.F.O. as to count one is improper and the Defendant must be resentenced. The Defendant's H.F.O. classification as to counts two and three is proper.
    PAGE 16
  8. Llabona v. State

    557 So. 2d 66 (Fla. Dist. Ct. App. 1990)   Cited 5 times
    For his second point on appeal, defendant maintains that the trial court's reasons for departure from the recommended guidelines sentence are either invalid or unsupported by the record. Defendant contends that the trial court's first two reasons for departure, i.e., coercion of a minor and impersonation of a police officer, are invalid because they constitute separate crimes, see §§ 827.04(3) and 843.08, Fla. Stat. (1983), for which defendant was not convicted. We agree.
    PAGE 67
  9. SVET v. STATE

    Case No. 2:05-cv-376-FtM-33SPC (M.D. Fla. Jan. 23, 2006)
    In addition, Plaintiff mentions several other Florida Statutes: 901.17 "Method of arrest by officer without warrant"; 943.085 "Legislative intent with respect to upgrading the quality of law enforcement officers and corrections officers"; 843.08 "Falsely personating officer, etc."; and 843.0855 "Criminal actions under color of law or through use of simulated legal process" but Plaintiff fails to link any of the conduct described with these statutes, and fails to explain which of the two defendants the accusations are brought against.
    PAGE 8
  10. Azerzer v. State

    96 So. 3d 1123 (Fla. Dist. Ct. App. 2012)
    Under section 843.08, Florida Statutes (2010): “A person who falsely assumes or pretends to be a ... federal law enforcement officer ... and takes upon himself or herself to act as such ... commits a felony of the third degree.” (emphasis added). Without objection, the trial judge incorrectly instructed that the State had to prove that the defendant “falsely assumed or pretended to be a federal law enforcement officer or took it upon himself to act as such.” (emphasis added). This error was fundamental under Martinez v. State, 981 So.2d 449 (Fla.2008) (explaining that an error in jury instructions is fundamental if it affects a disputed element of a crime and “ ‘is pertinent or material to what the jury must consider in order to convict ...’ ”) (quoting State v. Delva, 575 So.2d 643, 645 (Fla.1991)). Here, Azerzer's defense focused on the first element of what should have been a two-element crime. A witness testified that Azerzer claimed to be an FBI agent. Azerzer testified that he was a licensed bail bondsman who never claimed to be an FBI agent—and argued that the witness must have misunderstood him or been confused. Based upon this dispute in the evidence, Azerzer…
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