Florida Statute 250.43 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 250.43

Total Results: 3

State v. Montas

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-31T00:00:00-07:00

Citation: 993 So. 2d 1127, 2008 Fla. App. LEXIS 16563, 2008 WL 4753740

Snippet: appeals the county court’s order declaring section 250.43(2), Florida Statutes (2007), unconstitutional. …the trial court erred by concluding that section 250.43(2), regulating the wearing of military uniform …uniform and insignia of rank, in violation of section 250.43, Florida Statutes (2007).1 On Montas’s motion and…hearing, the trial court determined that section 250.43 was unconstitutionally overbroad and violated the… or to protest military action. Because section 250.43 potentially implicates protected speech or conduct

Sult v. State

Court: Fla. | Date Filed: 2005-06-23T00:53:00-07:00

Citation: 906 So. 2d 1013

Snippet: enforcement and military uniforms. For example, section 250.43(2), Florida Statutes (2004), is almost identical…an imitation of it, except as provided by law. § 250.43(2), Fla. Stat. (2004) (making unauthorized wearing…indistinguishable" from twenty feet away); § 250.43(1) (prohibiting unauthorized persons from wearing

Dade County v. American Re-Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-04-08T23:53:00-08:00

Citation: 467 So. 2d 414

Snippet: amount was based upon an interest charge of $77,250.43 on the past due retrospective premium. Dade rejected… ($289,372) and an interest charge thereon ($77,250.43). The trial court determined that this tender amounted…whether the amount of interest American charged, $77,250.43, was less than or equal to the actual interest