The 2023 Florida Statutes (including Special Session C)

Title XVII
MILITARY AFFAIRS AND RELATED MATTERS

Chapter 250
MILITARY AFFAIRS

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F.S. 250.43

250.43 Wearing of uniform and insignia of rank; penalty.—

(1) The uniform or insignia of rank worn by officers of the Florida National Guard shall be worn only by persons entitled thereto by commission under the laws of the state or the United States. Any person violating this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and may also be punished as a court-martial directs.

(2) Every person other than an officer or enlisted person of the Florida National Guard, naval militia, or marine corps of this state, any other state, Puerto Rico, or the District of Columbia, or of the United States Army, Navy, Marine Corps, Air Force, or Space Force, who wears the uniform of the United States Army, Navy, Marine Corps, Air Force, Space Force, National Guard, Naval Militia, or Marine Corps or any part of such uniform, or a uniform or part of uniform similar thereto, or in imitation thereof, within the bounds of the state, except in cases where the wearing of such uniform is permitted by the laws of the United States and the regulations of the Secretary of Defense, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not prohibit persons in the theatrical profession from wearing such uniforms while actually engaged in such profession, in any playhouse or theater, in a production in no way reflecting upon such uniform; does not prohibit the uniform rank of civic societies parading or traveling in a body or assembling in a lodge room; and does not apply to cadets of any military school or to Boy Scouts or Girl Scouts.

History.—ss. 58, 59, ch. 8502, 1921; CGL 2071, 8125, 8126; s. 1, ch. 25112, 1949; s. 146, ch. 71-136; s. 7, ch. 91-139; s. 39, ch. 2003-68; s. 8, ch. 2022-183.

Note.—Former ss. 250.65, 250.66.

F.S. 250.43 on Google Scholar

F.S. 250.43 on Casetext

Amendments to 250.43

Arrestable Offenses / Crimes under Fla. Stat. 250.43

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

S250.43 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9702 - M: F

S250.43 1 - FRAUD-IMPERSON - WEAR UNIFORM INSIGNIA FL NATIONAL GUARD - M: F

S250.43 2 - FRAUD-IMPERSON - WEAR MILITARY UNIFORM - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . The State appeals the county court’s order declaring section 250.43(2), Florida Statutes (2007), unconstitutional . . . The State argues that the trial court erred by concluding that section 250.43(2), regulating the wearing . . . Because section 250.43 potentially implicates protected speech or conduct, we must determine if it is . . . In the same way, section 250.43 fails to contain a specific intent element. . . . 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)

. . . For example, section 250.43(2), Florida Statutes (2004), is almost identical to the federal armed services . . . wearing any part of any service branch’s uniform, or an imitation of it, except as provided by law. § 250.43 . . . wearing a badge or insignia of such similarity that it is “indistinguishable” from twenty feet away); § 250.43 . . .

SHELL OIL COMPANY v. ENVIRONMENTAL PROTECTION AGENCY, 950 F.2d 741 (D.C. Cir. 1991)

. . . . § 250.43-8) (landfills and surface impoundments); and id. 58,990, 59,014 (proposed 40 C.F.R. § 250. . . . See 43 Fed.Reg. 59,005-06 (proposed 40 C.F.R. § 250.43-8). . . . See 48 Fed.Reg. 59,005 (proposed 40 C.F.R. §§ 250.43-7(n)(l), 250.43-8(c)(2) and (3)). . . .

COOL, v. POLICE DEPARTMENT OF CITY OF YONKERS, R. W., 620 F. Supp. 954 (S.D.N.Y. 1985)

. . . Court Reporters $2,403.40 $ 137.05 b) Word Processing $4,557.05 $ 4,557.05 c) Para OT & OT Meals $ 250.43 . . .

PAULEY PETROLEUM INC. v. UNITED STATES, 591 F.2d 1308 (Ct. Cl. 1979)

. . . to the original intent and meaning of the February 21, 1969, interpretive amendment to §§ 250.42 and 250.43 . . . Section 250.42(b) [redesignated 250.43(b)] was amended with slight wording changes, and a new subsection . . .

PAULEY PETROLEUM INC. ET AL. v. THE UNITED STATES, 219 Ct. Cl. 24 (Ct. Cl. 1979)