Florida Senate - 2013 SB 1404
By Senator Stargel
15-01373-13 20131404__
1 A bill to be entitled
2 An act relating to the Florida Communications Fraud
3 Act; amending s. 817.034, F.S.; establishing a statute
4 of limitations for criminal and civil causes of
5 actions under the act; specifying circumstances that
6 toll the statute of limitations; amending s. 921.0022,
7 F.S.; increasing the severity of a violation of the
8 act for purposes of the criminal punishment code;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (d) is added to subsection (4) of
14 section 817.034, Florida Statutes, to read:
15 817.034 Florida Communications Fraud Act.—
16 (4) OFFENSES.—
17 (d) Notwithstanding any other provision of law, a criminal
18 action, civil action, or proceeding under this act may be
19 commenced at any time within 5 years after the cause of action
20 accrues; however, in a criminal action under this act, the
21 period of limitation does not run during any time when the
22 defendant is continuously absent from the state or is without a
23 reasonably ascertainable place of abode or work within the
24 state, but in no case shall this extend the period of limitation
25 otherwise applicable by more than 1 year. If a criminal action,
26 civil action, or other proceeding is brought or intervened in to
27 punish, prevent, or restrain any violation of this act, the
28 running of the period of limitation prescribed by this
29 subsection with respect to any cause of action arising under
30 this act which is based in whole or in part upon any matter
31 complained of in any such action or proceeding shall be
32 suspended during the pendency of such action or proceeding and
33 for 2 years following its termination.
34 Section 2. Paragraphs (f) and (g) of subsection (3) of
35 section 921.0022, Florida Statutes, are amended to read:
36 921.0022 Criminal Punishment Code; offense severity ranking
37 chart.—
38 (3) OFFENSE SEVERITY RANKING CHART
39 (f) LEVEL 6
40 FloridaStatute FelonyDegree Description
41 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
42 499.0051(3) 2nd Knowing forgery of pedigree papers.
43 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
44 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
45 775.0875(1) 3rd Taking firearm from law enforcement officer.
46 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
47 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
48 784.041 3rd Felony battery; domestic battery by strangulation.
49 784.048(3) 3rd Aggravated stalking; credible threat.
50 784.048(5) 3rd Aggravated stalking of person under 16.
51 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
52 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
53 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
54 784.081(2) 2nd Aggravated assault on specified official or employee.
55 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
56 784.083(2) 2nd Aggravated assault on code inspector.
57 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
58 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
59 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
60 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
61 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
62 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
63 794.05(1) 2nd Unlawful sexual activity with specified minor.
64 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
65 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
66 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
67 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
68 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
69 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
70 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
71 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
72 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
73 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
74 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
75 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
76 825.102(1) 3rd Abuse of an elderly person or disabled adult.
77 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
78 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
79 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
80 827.03(2)(c) 3rd Abuse of a child.
81 827.03(2)(d) 3rd Neglect of a child.
82 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
83 836.05 2nd Threats; extortion.
84 836.10 2nd Written threats to kill or do bodily injury.
85 843.12 3rd Aids or assists person to escape.
86 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
87 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
88 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
89 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
90 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
91 944.40 2nd Escapes.
92 944.46 3rd Harboring, concealing, aiding escaped prisoners.
93 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
94 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
95 (g) LEVEL 7
96 FloridaStatute FelonyDegree Description
97 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
98 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
99 316.1935(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.
100 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
101 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
102 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
103 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
104 456.065(2) 3rd Practicing a health care profession without a license.
105 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
106 458.327(1) 3rd Practicing medicine without a license.
107 459.013(1) 3rd Practicing osteopathic medicine without a license.
108 460.411(1) 3rd Practicing chiropractic medicine without a license.
109 461.012(1) 3rd Practicing podiatric medicine without a license.
110 462.17 3rd Practicing naturopathy without a license.
111 463.015(1) 3rd Practicing optometry without a license.
112 464.016(1) 3rd Practicing nursing without a license.
113 465.015(2) 3rd Practicing pharmacy without a license.
114 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
115 467.201 3rd Practicing midwifery without a license.
116 468.366 3rd Delivering respiratory care services without a license.
117 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
118 483.901(9) 3rd Practicing medical physics without a license.
119 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
120 484.053 3rd Dispensing hearing aids without a license.
121 494.0018(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.
122 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
123 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
124 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
125 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
126 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
127 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
128 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
129 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
130 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
131 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
132 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
133 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
134 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
135 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
136 784.048(7) 3rd Aggravated stalking; violation of court order.
137 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
138 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
139 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
140 784.081(1) 1st Aggravated battery on specified official or employee.
141 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
142 784.083(1) 1st Aggravated battery on code inspector.
143 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
144 787.06(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.
145 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
146 790.16(1) 1st Discharge of a machine gun under specified circumstances.
147 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
148 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
149 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
150 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
151 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
152 794.08(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.
153 796.03 2nd Procuring any person under 16 years for prostitution.
154 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
155 800.04(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.
156 806.01(2) 2nd Maliciously damage structure by fire or explosive.
157 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
158 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
159 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
160 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
161 812.014(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.
162 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
163 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
164 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
165 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
166 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
167 812.131(2)(a) 2nd Robbery by sudden snatching.
168 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
169 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
170 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
171 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
172 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
173 817.2341 (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.
174 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
175 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
176 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
177 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
178 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
179 838.015 2nd Bribery.
180 838.016 2nd Unlawful compensation or reward for official behavior.
181 838.021(3)(a) 2nd Unlawful harm to a public servant.
182 838.22 2nd Bid tampering.
183 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
184 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
185 872.06 2nd Abuse of a dead human body.
186 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
187 893.13(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.
188 893.13(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.
189 893.13(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).
190 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
191 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
192 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
193 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
194 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
195 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
196 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
197 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
198 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
199 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
200 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
201 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
202 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
203 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
204 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
205 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
206 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
207 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
208 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
209 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
210 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
211 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
212 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
213 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
214 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
215 Section 3. This act shall take effect October 1, 2013.