Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 112
Barcode 764996
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/02/2013 .
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The Committee on Rules (Lee) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 817.535, Florida Statutes, is created to
6 read:
7 817.535 Unlawful filing of false documents or records
8 against real or personal property.—
9 (1) As used in this section, the term:
10 (a) “File” means to present an instrument for recording in
11 an official record or to cause an instrument to be presented for
12 recording in an official record.
13 (b) “Filer” means the person who presents an instrument for
14 recording in an official record, or causes an instrument to be
15 presented for recording in an official record.
16 (c) “Instrument” means any judgment, mortgage, assignment,
17 pledge, lien, financing statement, encumbrance, deed, lease,
18 bill of sale, agreement, mortgage, notice of claim of lien,
19 notice of levy, promissory note, mortgage note, release, partial
20 release or satisfaction of any of the foregoing, or any other
21 document that relates to or attempts to restrict the ownership,
22 transfer, or encumbrance of or claim against real or personal
23 property, or any interest in real or personal property.
24 (d) “Official record” means the series of instruments,
25 regardless of how they are maintained, which a clerk of the
26 circuit court, or any person or entity designated by general
27 law, special law, or county charter, is required or authorized
28 by law to record. The term also includes a series of instruments
29 pertaining to the Uniform Commercial Code filed with the
30 Secretary of State or with any entity under contract with the
31 Secretary of State to maintain Uniform Commercial Code records
32 and a database of judgment liens maintained by the Secretary of
33 State.
34 (e) “Public officer or employee” means, but is not limited
35 to:
36 1. A person elected or appointed to a local, state, or
37 federal office, including any person serving on an advisory
38 body, board, commission, committee, council, or authority.
39 2. An employee of a state, county, municipal, political
40 subdivision, school district, educational institution, or
41 special district agency or entity, including judges, attorneys,
42 law enforcement officers, deputy clerks of court, and marshals.
43 3. A state or federal executive, legislative, or judicial
44 officer, employee, or volunteer authorized to perform actions or
45 services for any state or federal executive, legislative, or
46 judicial office, or agency.
47 4. A person who acts as a general or special magistrate,
48 auditor, arbitrator, umpire, referee, hearing officer, or
49 consultant to any state or local governmental entity.
50 5. A person who is a candidate for public office or
51 judicial position.
52 (2)(a) A person who files or directs a filer to file, with
53 the intent to defraud or harass another, any instrument
54 containing a materially false, fictitious, or fraudulent
55 statement or representation that purports to affect an owner’s
56 interest in the property described in the instrument commits a
57 felony of the third degree, punishable as provided in s.
58 775.082, s. 775.083, or s. 775.084.
59 (b) A person who violates paragraph (a) a second or
60 subsequent time commits a felony of the second degree,
61 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
62 (3) If a person is convicted of violating subsection (2)
63 and the owner of the property subject to the false instrument is
64 a public officer or employee, the offense shall be reclassified
65 as follows:
66 (a) In the case of a felony of the third degree, to a
67 felony of the second degree, punishable as provided in s.
68 775.082, s. 775.083, or s. 775.084.
69 (b) In the case of a felony of the second degree, to a
70 felony of the first degree, punishable as provided in s.
71 775.082, s. 775.083, or s. 775.084.
72 (4)(a) If a person is convicted of violating subsection (2)
73 and the person committed the offense while incarcerated in a
74 jail or correctional institution or while participating in a
75 pretrial diversion program under any form of pretrial release or
76 bond, on probation or parole, or under any postrelease
77 supervision, the offense shall be reclassified as follows:
78 1. In the case of a felony of the third degree, to a felony
79 of the second degree, punishable as provided in s. 775.082, s.
80 775.083, or s. 775.084.
81 2. In the case of a felony of the second degree, to a
82 felony of the first degree, punishable as provided in s.
83 775.082, s. 775.083, or s. 775.084.
84 (b) If a person’s offense has been reclassified pursuant to
85 this subsection, the sentencing court shall issue a written
86 finding that the offense occurred while incarcerated in a jail
87 or correctional institution and direct that a copy of the
88 written finding and judgment of conviction be forwarded to the
89 appropriate state institution or county facility for
90 consideration of disciplinary action and forfeiture of all gain
91 time or any early release credits accumulated up to the date of
92 the violation.
93 (5) If the person is convicted of violating subsection (2)
94 and the owner of the property covered by the false instrument
95 incurs financial loss as a result of the instrument being
96 recorded in the official record, including costs and attorney
97 fees incurred in correcting, sealing, or removing the false
98 instrument from the official record as described herein, the
99 offense shall be reclassified as follows:
100 (a) In the case of a felony of the third degree, to a
101 felony of the second degree, punishable as provided in s.
102 775.082, s. 775.083, or s. 775.084.
103 (b) In the case of a felony of the second degree, to a
104 felony of the first degree, punishable as provided in s.
105 775.082, s. 775.083, or s. 775.084.
106 (6) A person who fraudulently records a claim of lien in
107 the official records pursuant to part I of chapter 713 is
108 subject to the fraud provisions of s. 713.31 and not this
109 section.
110 (7) If a person is convicted of violating this section, the
111 sentencing court shall issue an order declaring the instrument
112 forming the basis of the conviction null and void and may enjoin
113 the person from filing any instrument in an official record
114 absent prior review and approval for filing by a circuit or
115 county court judge. The sentencing court may also order the
116 instrument forming the basis of the conviction sealed from the
117 official record and removed from any applicable electronic
118 database used for recording instruments in the official record.
119 (8)(a) Any person adversely affected by an instrument filed
120 in the official record which contains a materially false,
121 fictitious, or fraudulent statement or representation has a
122 civil cause of action under this section without regard to
123 whether criminal charges are pursued under subsection (2). A
124 notice of lis pendens in accord with s. 48.23 shall be filed
125 which specifically describes the instrument under challenge and
126 the real or personal property affected by the instrument.
127 (b) Upon a finding that the instrument contains a
128 materially false, fictitious, or fraudulent statement or
129 representation such that the instrument does not establish a
130 legitimate property or lien interest in favor of another person:
131 1. The court shall determine whether the entire instrument
132 or certain parts thereof are null and void ab initio. If the
133 court finds the instrument void in its entirety, it may order
134 the instrument sealed from the official record and removed from
135 any electronic database used for indexing or locating
136 instruments in the official record. The court may also,
137 permanently or for a period of time, enjoin the defendant who
138 filed the instrument or who directed the filer to file the
139 instrument from filing or directing a person to file an
140 instrument in the official records without prior review and
141 approval for filing by a circuit or county court judge, provided
142 that as to third parties who may have given value for an
143 interest described or granted by any instrument filed in
144 violation of the injunction, the instrument shall be deemed
145 validly filed and provides constructive notice, notwithstanding
146 any failure to comply with the terms of the injunction.
147 2. Upon a finding of intent to defraud or harass, the court
148 or jury shall award actual damages and punitive damages, subject
149 to the criteria in s. 768.72, to the person adversely affected
150 by the instrument. The court may also levy a civil penalty of
151 $2,500 for each instrument determined to be in violation of
152 subsection (2).
153 3. The court may grant such other relief or remedy that the
154 court determines is just and proper within its sound judicial
155 discretion.
156 (c) The prevailing party in such a suit is entitled to
157 recover costs and reasonable attorney fees.
158 (d) The custodian of any official record shall, upon
159 payment of appropriate fees, provide a certified copy of the
160 sealed instrument to the party seeking relief under this section
161 for use in subsequent court proceedings; in addressing or
162 correcting adverse effects upon the person’s credit or property
163 rights, or reporting the matter for investigation and
164 prosecution; or in response to a subpoena seeking the instrument
165 for criminal investigative or prosecution purposes.
166 (e) Upon request, the custodian of any official record
167 shall, upon payment of appropriate fees, provide a certified
168 copy of the sealed instrument to any federal, state, or local
169 law enforcement agency.
170 (f) If feasible, the custodian of the official record where
171 the instrument is recorded shall record any court order finding
172 that the instrument is null and void in its entirety or in
173 certain parts thereof.
174 (g) An instrument removed from an electronic database used
175 for recording instruments in the public record pursuant to this
176 section shall be maintained in a manner in which the instrument
177 can be reduced to paper form.
178 (9) A government agency may provide legal representation to
179 a public officer or employee if the instrument at issue appears
180 to have been filed to defraud or harass the public officer or
181 employee in his or her official capacity. If the public officer
182 or employee is the prevailing party, the award of reasonable
183 attorney fees shall be paid to the government agency that
184 provided the legal representation.
185 (10) This section does not apply to the procedures for
186 sealing or expunging criminal history records as provided in
187 chapter 943.
188 Section 2. Section 843.0855, Florida Statutes, is amended
189 to read:
190 843.0855 Criminal actions under color of law or through use
191 of simulated legal process.—
192 (1) As used in this section:
193 (a) The term “legal process” means a document or order
194 issued by a court or filed or recorded with an official court of
195 this state or the United States or with any official
196 governmental entity of this state or the United States for the
197 purpose of exercising jurisdiction or representing a claim
198 against a person or property, or for the purpose of directing a
199 person to appear before a court or tribunal, or to perform or
200 refrain from performing a specified act. “Legal process”
201 includes, but is not limited to, a summons, lien, complaint,
202 warrant, injunction, writ, notice, pleading, subpoena, or order.
203 (b) The term “person” means an individual, public or
204 private group incorporated or otherwise, legitimate or
205 illegitimate legal tribunal or entity, informal organization,
206 official or unofficial agency or body, or any assemblage of
207 individuals.
208 (c) The term “public officer or employee” has the same
209 meaning as provided in s. 817.535 means a public officer as
210 defined by s. 112.061.
211 (d) The term “public employee” means a public employee as
212 defined by s. 112.061.
213 (2) A Any person who deliberately impersonates or falsely
214 acts as a public officer or employee tribunal, public employee
215 or utility employee, including, but not limited to, marshals,
216 judges, prosecutors, sheriffs, deputies, court personnel, or any
217 law enforcement authority in connection with or relating to any
218 legal process affecting persons and property, or otherwise takes
219 any action under color of law against persons or property,
220 commits a felony of the third degree, punishable as provided in
221 s. 775.082, or s. 775.083, or s. 775.084. It is the intent of
222 the Legislature that this section applies if a person acts as an
223 officer or employee purporting to supersede or override any
224 legislation or statute of this state, or to supersede or
225 override any action of any court of this state.
226 (3) A Any person who simulates legal process, including,
227 but not limited to, actions affecting title to real estate or
228 personal property, indictments, subpoenas, warrants,
229 injunctions, liens, orders, judgments, or any legal documents or
230 proceedings, knowing or having reason to know the contents of
231 any such documents or proceedings or the basis for any action to
232 be fraudulent, commits a felony of the third degree, punishable
233 as provided in s. 775.082, or s. 775.083, or s. 775.084.
234 (4) A Any person who falsely under color of law attempts in
235 any way to influence, intimidate, harass, retaliate against, or
236 hinder a public officer or employee involving law enforcement
237 officer in the discharge of his or her official duties by means
238 of, but not limited to, threats of or actual physical abuse or
239 harassment, or through the use of simulated legal process,
240 commits a felony of the third degree, punishable as provided in
241 s. 775.082, or s. 775.083, or s. 775.084.
242 (5)(a) Nothing in This section does not shall make unlawful
243 any act of any law enforcement officer or legal tribunal which
244 is performed under lawful authority.
245 (b) Nothing in This section does not shall prohibit
246 individuals from assembling freely to express opinions or
247 designate group affiliation or association.
248 (c) Nothing in This section does not shall prohibit or in
249 any way limit a person’s lawful and legitimate access to the
250 courts or prevent a person from instituting or responding to
251 legitimate and lawful legal process.
252 Section 3. Paragraphs (g), (h), and (i) of subsection (3)
253 of section 921.0022, Florida Statutes, are amended to read:
254 921.0022 Criminal Punishment Code; offense severity ranking
255 chart.—
256 (3) OFFENSE SEVERITY RANKING CHART
257 (g) LEVEL 7
258 FloridaStatute FelonyDegree Description
259 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
260 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
261 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; 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.
262 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
263 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
264 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
265 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
266 456.065(2) 3rd Practicing a health care profession without a license.
267 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
268 458.327(1) 3rd Practicing medicine without a license.
269 459.013(1) 3rd Practicing osteopathic medicine without a license.
270 460.411(1) 3rd Practicing chiropractic medicine without a license.
271 461.012(1) 3rd Practicing podiatric medicine without a license.
272 462.17 3rd Practicing naturopathy without a license.
273 463.015(1) 3rd Practicing optometry without a license.
274 464.016(1) 3rd Practicing nursing without a license.
275 465.015(2) 3rd Practicing pharmacy without a license.
276 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
277 467.201 3rd Practicing midwifery without a license.
278 468.366 3rd Delivering respiratory care services without a license.
279 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
280 483.901(9) 3rd Practicing medical physics without a license.
281 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
282 484.053 3rd Dispensing hearing aids without a license.
283 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
284 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
285 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
286 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
287 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
288 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
289 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
290 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
291 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
292 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
293 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
294 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
295 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
296 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
297 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
298 784.048(7) 3rd Aggravated stalking; violation of court order.
299 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
300 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
301 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
302 784.081(1) 1st Aggravated battery on specified official or employee.
303 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
304 784.083(1) 1st Aggravated battery on code inspector.
305 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
306 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
307 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
308 790.16(1) 1st Discharge of a machine gun under specified circumstances.
309 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
310 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
311 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
312 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
313 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
314 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
315 796.03 2nd Procuring any person under 16 years for prostitution.
316 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
317 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
318 806.01(2) 2nd Maliciously damage structure by fire or explosive.
319 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
320 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
321 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
322 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
323 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
324 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
325 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
326 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
327 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
328 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
329 812.131(2)(a) 2nd Robbery by sudden snatching.
330 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
331 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
332 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
333 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
334 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
335 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
336 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
337 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
338 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
339 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
340 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
341 838.015 2nd Bribery.
342 838.016 2nd Unlawful compensation or reward for official behavior.
343 838.021(3)(a) 2nd Unlawful harm to a public servant.
344 838.22 2nd Bid tampering.
345 843.0855(2) 3rd Impersonation of a public officer or employee.
346 843.0855(3) 3rd Unlawful simulation of legal process.
347 843.0855(4) 3rd Intimidation of a public officer or employee.
348 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
349 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
350 872.06 2nd Abuse of a dead human body.
351 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
352 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
353 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
354 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
355 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
356 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
357 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
358 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
359 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
360 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
361 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
362 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
363 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
364 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
365 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
366 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
367 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
368 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
369 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
370 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
371 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
372 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
373 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
374 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
375 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
376 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
377 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
378 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
379 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
380 (h) LEVEL 8
381 FloridaStatute FelonyDegree Description
382 316.193 (3)(c)3.a. 2nd DUI manslaughter.
383 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
384 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
385 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
386 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
387 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
388 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
389 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
390 777.03(2)(a) 1st Accessory after the fact, capital felony.
391 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
392 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
393 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
394 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
395 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
396 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
397 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
398 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
399 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
400 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
401 800.04(4) 2nd Lewd or lascivious battery.
402 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
403 810.02(2)(a) 1st,PBL Burglary with assault or battery.
404 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
405 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
406 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
407 812.13(2)(b) 1st Robbery with a weapon.
408 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
409 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
410 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
411 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
412 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
413 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
414 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
415 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
416 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
417 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
418 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
419 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
420 860.16 1st Aircraft piracy.
421 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
422 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
423 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
424 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
425 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
426 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
427 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
428 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
429 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
430 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
431 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
432 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
433 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
434 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
435 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
436 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
437 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
438 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
439 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
440 (i) LEVEL 9
441 FloridaStatute FelonyDegree Description
442 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
443 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
444 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
445 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
446 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
447 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
448 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
449 775.0844 1st Aggravated white collar crime.
450 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
451 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
452 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
453 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
454 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
455 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
456 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
457 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
458 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
459 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
460 787.06(4) 1st Selling or buying of minors into human trafficking.
461 790.161 1st Attempted capital destructive device offense.
462 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
463 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
464 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
465 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
466 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
467 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
468 796.035 1st Selling or buying of minors into prostitution.
469 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
470 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
471 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
472 812.135(2)(b) 1st Home-invasion robbery with weapon.
473 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
474 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
475 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
476 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
477 827.03(2)(a) 1st Aggravated child abuse.
478 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
479 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
480 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
481 893.135 1st Attempted capital trafficking offense.
482 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
483 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
484 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
485 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
486 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
487 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
488 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
489 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
490 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
491 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
492 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
493 Section 4. If any section, subsection, sentence, clause,
494 phrase, or word of this act is for any reason held or declared
495 to be unconstitutional, illegal, invalid, inoperative,
496 ineffective, inapplicable, or void, such invalidity or
497 unconstitutionality shall not affect the portions of this act
498 not so held to be unconstitutional, illegal, invalid,
499 inoperative, ineffective, inapplicable, or void, or affect the
500 application of this act to other circumstances not so held to be
501 invalid, it being the express legislative intent that any such
502 unconstitutional, illegal, invalid, inoperative, ineffective,
503 inapplicable, or void portion or portions of this act did not
504 induce its passage, and that without the inclusion of any such
505 unconstitutional, illegal, invalid, inoperative, ineffective,
506 inapplicable, or void portions of this act, the Legislature
507 would have enacted the valid and constitutional portions
508 thereof.
509 Section 5. This act shall take effect October 1, 2013.
510
511 ================= T I T L E A M E N D M E N T ================
512 And the title is amended as follows:
513 Delete everything before the enacting clause
514 and insert:
515 A bill to be entitled
516 An act relating to filing false documents against real
517 or personal property; creating s. 817.535, F.S.;
518 defining terms; prohibiting a person from filing or
519 causing to be filed, with intent to defraud or harass
520 another, a document relating to the ownership,
521 transfer, or encumbrance of, or claim against, real or
522 personal property, or any interest in real or personal
523 property; providing criminal penalties; establishing
524 reclassified penalties for persons who commit the
525 specified offenses a second or subsequent time when
526 the person is a convicted offender who commits the
527 specified offenses while incarcerated in a jail or
528 participating in a community correctional program and
529 when the victim of the offense is a public officer or
530 employee or incurs financial losses under certain
531 circumstances; authorizing the court to issue an
532 injunction; authorizing a court to seal specified
533 public or private records under certain circumstances;
534 providing that the subject of the false statements has
535 a civil cause of action against the perpetrator;
536 providing for actual and punitive damages; providing
537 that the prevailing party is entitled to costs and
538 reasonable attorney fees; providing duties of the
539 custodian of the official record; providing
540 applicability; requiring that attorney fees be paid to
541 the government agency that provides legal
542 representation under certain circumstances; amending
543 s. 843.0855, F.S.; revising definitions; defining the
544 term “public officer or employee”; revising criminal
545 penalties for criminal actions under color of law or
546 through use of simulated legal process; providing
547 legislative intent; amending s. 921.0022, F.S.;
548 revising provisions of the offense severity ranking
549 chart of the Criminal Punishment Code to conform to
550 changes made by the act; providing severability;
551 providing an effective date.