The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 843
OBSTRUCTING JUSTICE

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F.S. 843.085

843.085 Unlawful use of badges or other indicia of authority.—

(1) It is unlawful for any person, 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 defined in s. 943.045, with the intent to mislead or cause another person to believe that he or she is a member of that agency or is authorized to display or wear such item, or to wear or display any item that displays in any manner or combination the word or words “police,” “patrolman,” “patrolwoman,” “agent,” “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission officer,” “Wildlife Officer,” “Department of Environmental Protection officer,” “Marine Patrol Officer,” “state attorney,” “public defender,” “marshal,” “constable,” “bailiff,” or “fire department,” with the intent to mislead or cause another person to believe that he or she is a member of that agency or is authorized to wear or display such item.

(2) It is unlawful for a person to own or operate a motor vehicle marked or identified in any manner or combination by the word or words “police,” “patrolman,” “patrolwoman,” “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission officer,” “Wildlife Officer,” “Department of Environmental Protection officer,” “Marine Patrol Officer,” “marshal,” “constable,” “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 defined in s. 943.045, or a vehicle used by a fire department with the intent to mislead or cause another person to believe that such vehicle is an official vehicle of that agency and is authorized to be used by that agency, 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 the person is appointed by the Governor pursuant to chapter 354.

(3) It is unlawful for a person to sell, transfer, or give away the authorized badge, or colorable imitation thereof, including miniatures, of any criminal justice agency as defined in s. 943.045, or bearing in any manner or combination the word or words “police,” “patrolman,” “patrolwoman,” “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission officer,” “Wildlife Officer,” “Department of Environmental Protection officer,” “Marine Patrol Officer,” “marshal,” “constable,” “agent,” “state attorney,” “public defender,” “bailiff,” or “fire department,” with the intent to mislead or cause another person to believe that he or she is a member of that agency or is authorized to wear or display such item, except for agency purchases or upon the presentation and recordation of both a driver 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) This section does not 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,” “patrolwoman,” “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission officer,” “Wildlife Officer,” “Department of Environmental Protection officer,” “Marine Patrol Officer,” “marshal,” “constable,” “bailiff,” or “fire department.”

(5) A violation 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; s. 29, ch. 2012-88; s. 2, ch. 2015-29; s. 15, ch. 2019-141; s. 167, ch. 2020-2.

F.S. 843.085 on Google Scholar

F.S. 843.085 on Casetext

Amendments to 843.085

Arrestable Offenses / Crimes under Fla. Stat. 843.085

Level: Degree
Misdemeanor/Felony: First/Second/Third

S843.085 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 7457 - M: F

S843.085 1 - FRAUD-IMPERSON - UNLAWFUL USE BADGE OR OTH INDICIA OF AUTHORITY - M: F

S843.085 2 - FRAUD-IMPERSON - UNLAW OWN OP MTR VEH WI MISLEAD OFF AGENCY VEH - M: F

S843.085 3 - FRAUD-IMPERSON - UNLAW SELL TRANSF BADGE OR OTH INDICIA OF AUTH - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. MONTAS,, 993 So. 2d 1127 (Fla. Dist. Ct. App. 2008)

. . . In Suit and Rodriguez, the courts addressed the constitutionality of section 843.085, Florida Statutes . . . authorized by any of the agencies described above for use by the person displaying or wearing it. § 843.085 . . . The Suit and Rodriguez courts also determined that section 843.085 was over-broad and violated due process . . . Although section 250.43 differs from section 843.085 in several respects, the Florida Supreme Court’s . . .

S. SULT, v. STATE, 906 So. 2d 1013 (Fla. 2005)

. . . The court held that section 843.085 was therefore not overbroad. Id. at 802-04. . . . Thus, section 843.085(1) is unconstitutionally overbroad. See also Virginia v. . . . Section 843.085(1) does not have a similar intent element. . . . Section 843.085, Florida Statutes (2001), provides in pertinent part: 843.085. . . . All such persons would nevertheless be in violation of section 843.085(1). . . . I disagree with the majority that the statute at issue, section 843.085, Florida Statutes (2001), is . . . Finally, section 843.085(3) prohibits unauthorized persons from selling governmentally authorized law . . . To demonstrate that section 843.085 is not unconstitutionally vague, I will address each question in . . . As to the first concern of substantive due process, the Legislature’s goal in enacting section 843.085 . . . Section 843.085 also is a general intent statute. . . .

NICOR INTERNATIONAL CORPORATION a k a v. EL PASO CORPORATION f k a El, 318 F. Supp. 2d 1160 (S.D. Fla. 2004)

. . . (prohibited use of certain lights); § 843.085, Fla. Stat. . . .

RODRIGUEZ, v. STATE, 906 So. 2d 1082 (Fla. Dist. Ct. App. 2004)

. . . sentence for the unlawful display of authorized indicia of law enforcement authority pursuant to section 843.085 . . . In the instant case, section 843.085(1) is content-based in that it focuses only on the content of the . . . Section 843.085(1) criminalizes the wearing or display of any indicia of a law enforcement officer if . . . In the instant case, we do not think that it can be said that the speech proscribed by section 843.085 . . . All such person would nevertheless be in violation of section 843.085(1). . . .

S. SULT, v. STATE, 839 So. 2d 798 (Fla. Dist. Ct. App. 2003)

. . . Section 843.085 provides in relevant part: 843.085 Unlawful use of police badges or other indicia of . . . The legislature enacted section 843.085 to promote public safety. . . . Here, Suit’s conduct clearly fell within the prohibitions of section 843.085. . . . VAGUENESS Suit also contends that section 843.085 is unconstitutionally vague. . . . Section 843.085(1) is a general intent crime. . . .