Florida Senate - 2012                                    SB 1290
       By Senator Negron
       28-01087-12                                           20121290__
    1                        A bill to be entitled                      
    2         An act relating to criminal penalties for violations
    3         of securities laws; amending s. 921.0022, F.S.;
    4         increasing the offense severity ranking for failing to
    5         register securities with the Office of Financial
    6         Regulation; specifying the offense severity ranking
    7         for the failure of a dealer, associated person, or
    8         issuer of securities to register with the Office of
    9         Financial Regulation; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Paragraphs (b) and (d) of subsection (3) of
   14  section 921.0022, Florida Statutes, are amended to read:
   15         921.0022 Criminal Punishment Code; offense severity ranking
   16  chart.—
   18         (b) LEVEL 2
   19  FloridaStatute   FelonyDegree                Description                 
   20  379.2431 (1)(e)3.  3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
   21  379.2431 (1)(e)4.  3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
   22  403.413(5)(c)      3rd   Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
   23  517.07(2) 517.07   3rd   Failure to furnish a prospectus meeting requirements. Registration of securities and furnishing of prospectus required.
   24  590.28(1)          3rd   Intentional burning of lands.               
   25  784.05(3)          3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
   26  787.04(1)          3rd   In violation of court order, take, entice, etc., minor beyond state limits.
   27  806.13(1)(b)3.     3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
   28  810.061(2)         3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
   29  810.09(2)(e)       3rd   Trespassing on posted commercial horticulture property.
   30  812.014(2)(c)1.    3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
   31  812.014(2)(d)      3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
   32  812.015(7)         3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
   33  817.234(1)(a)2.    3rd   False statement in support of insurance claim.
   34  817.481(3)(a)      3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
   35  817.52(3)          3rd   Failure to redeliver hired vehicle.         
   36  817.54             3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
   37  817.60(5)          3rd   Dealing in credit cards of another.         
   38  817.60(6)(a)       3rd   Forgery; purchase goods, services with false card.
   39  817.61             3rd   Fraudulent use of credit cards over $100 or more within 6 months.
   40  826.04             3rd   Knowingly marries or has sexual intercourse with person to whom related.
   41  831.01             3rd   Forgery.                                    
   42  831.02             3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
   43  831.07             3rd   Forging bank bills, checks, drafts, or promissory notes.
   44  831.08             3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
   45  831.09             3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
   46  831.11             3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
   47  832.05(3)(a)       3rd   Cashing or depositing item with intent to defraud.
   48  843.08             3rd   Falsely impersonating an officer.           
   49  893.13(2)(a)2.     3rd   Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
   50  893.147(2)         3rd   Manufacture or delivery of drug paraphernalia.
   51         (d) LEVEL 4
   52  FloridaStatute   FelonyDegree                Description                 
   53  316.1935(3)(a)     2nd   Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
   54  499.0051(1)        3rd   Failure to maintain or deliver pedigree papers.
   55  499.0051(2)        3rd   Failure to authenticate pedigree papers.    
   56  499.0051(6)        2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
   57  517.07(1)          3rd   Failure to register securities.             
   58  517.12(1)          3rd   Failure of dealer, associated person, or issuer of securities to register.
   59  784.07(2)(b)       3rd   Battery of law enforcement officer, firefighter, etc.
   60  784.074(1)(c)      3rd   Battery of sexually violent predators facility staff.
   61  784.075            3rd   Battery on detention or commitment facility staff.
   62  784.078            3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
   63  784.08(2)(c)       3rd   Battery on a person 65 years of age or older.
   64  784.081(3)         3rd   Battery on specified official or employee.  
   65  784.082(3)         3rd   Battery by detained person on visitor or other detainee.
   66  784.083(3)         3rd   Battery on code inspector.                  
   67  784.085            3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
   68  787.03(1)          3rd   Interference with custody; wrongly takes minor from appointed guardian.
   69  787.04(2)          3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
   70  787.04(3)          3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
   71  790.115(1)         3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
   72  790.115(2)(b)      3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
   73  790.115(2)(c)      3rd   Possessing firearm on school property.      
   74  800.04(7)(c)       3rd   Lewd or lascivious exhibition; offender less than 18 years.
   75  810.02(4)(a)       3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
   76  810.02(4)(b)       3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
   77  810.06             3rd   Burglary; possession of tools.              
   78  810.08(2)(c)       3rd   Trespass on property, armed with firearm or dangerous weapon.
   79  812.014(2)(c)3.    3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
   80  812.014 (2)(c)4.-10.  3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
   81  812.0195(2)        3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
   82  817.563(1)         3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
   83  817.568(2)(a)      3rd   Fraudulent use of personal identification information.
   84  817.625(2)(a)      3rd   Fraudulent use of scanning device or reencoder.
   85  828.125(1)         2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
   86  837.02(1)          3rd   Perjury in official proceedings.            
   87  837.021(1)         3rd   Make contradictory statements in official proceedings.
   88  838.022            3rd   Official misconduct.                        
   89  839.13(2)(a)       3rd   Falsifying records of an individual in the care and custody of a state agency.
   90  839.13(2)(c)       3rd   Falsifying records of the Department of Children and Family Services.
   91  843.021            3rd   Possession of a concealed handcuff key by a person in custody.
   92  843.025            3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
   93  843.15(1)(a)       3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
   94  847.0135(5)(c)     3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
   95  874.05(1)          3rd   Encouraging or recruiting another to join a criminal gang.
   96  893.13(2)(a)1.     2nd   Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
   97  914.14(2)          3rd   Witnesses accepting bribes.                 
   98  914.22(1)          3rd   Force, threaten, etc., witness, victim, or informant.
   99  914.23(2)          3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  100  918.12             3rd   Tampering with jurors.                      
  101  934.215            3rd   Use of two-way communications device to facilitate commission of a crime.
  102         Section 2. This act shall take effect July 1, 2012.