Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. PCS (793174) for CS for SB 642
       
       
       
       
       
       
                                Ì883008&Î883008                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2019           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Stewart) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 5348 - 5620
    4  and insert:
    5         Section 86. Paragraph (b) of subsection (11) of section
    6  381.0041, Florida Statutes, is amended to read:
    7         381.0041 Donation and transfer of human tissue; testing
    8  requirements.—
    9         (11)
   10         (b) Any person who has human immunodeficiency virus
   11  infection, who knows he or she is infected with human
   12  immunodeficiency virus, and who has been informed that he or she
   13  may communicate this disease by donating blood, plasma, organs,
   14  skin, or other human tissue who donates blood, plasma, organs,
   15  skin, or other human tissue for use in another person, other
   16  than a person who knows he or she is infected with human
   17  immunodeficiency virus, is guilty of a felony of the third
   18  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   19  775.084.
   20         Section 87. Present subsection (3) of section 384.23,
   21  Florida Statutes, is redesignated as subsection (4), and a new
   22  subsection (3) and subsection (5) are added to that section, to
   23  read:
   24         384.23 Definitions.—
   25         (3)“Sexual conduct” means conduct between persons,
   26  regardless of gender, which is capable of transmitting a
   27  sexually transmissible disease, including, but not limited to,
   28  contact between a:
   29         (a)Penis and a vulva or an anus; or
   30         (b)Mouth and a penis, a vulva, or an anus.
   31         (5)“Substantial risk of transmission” means a reasonable
   32  probability of disease transmission as proven by competent
   33  medical or epidemiological evidence.
   34         Section 88. Section 384.24, Florida Statutes, is amended to
   35  read:
   36         384.24 Unlawful acts.—
   37         (1) It is unlawful for any person who has chancroid,
   38  gonorrhea, granuloma inguinale, lymphogranuloma venereum,
   39  genital herpes simplex, chlamydia, nongonococcal urethritis
   40  (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or
   41  syphilis, or human immunodeficiency virus infection, when such
   42  person knows he or she is infected with one or more of these
   43  diseases and when such person has been informed that he or she
   44  may communicate this disease to another person through sexual
   45  conduct intercourse, to act with the intent to transmit the
   46  disease, to engage in have sexual conduct that poses a
   47  substantial risk of transmission to another person when the
   48  intercourse with any other person is unaware that the person is
   49  a carrier of the disease, and to transmit the disease to the,
   50  unless such other person has been informed of the presence of
   51  the sexually transmissible disease and has consented to the
   52  sexual intercourse.
   53         (2) A person does not act with the intent set forth in
   54  subsection (1) if he or she in good faith complies with a
   55  treatment regimen prescribed by his or her health care provider
   56  or with the behavioral recommendations of his or her health care
   57  provider or public health officials to limit the risk of
   58  transmission, or if he or she offers to comply with such
   59  behavioral recommendations, but such offer is rejected by the
   60  other person with whom he or she is engaging in sexual conduct.
   61  For purposes of this section, the term “behavioral
   62  recommendations” includes, but is not limited to, the use of a
   63  prophylactic device to limit the risk of transmission of the
   64  disease. Evidence of the person’s failure to comply with such a
   65  treatment regimen or such behavioral recommendations is not, in
   66  and of itself, sufficient to establish that he or she acted with
   67  the intent set forth in subsection (1) It is unlawful for any
   68  person who has human immunodeficiency virus infection, when such
   69  person knows he or she is infected with this disease and when
   70  such person has been informed that he or she may communicate
   71  this disease to another person through sexual intercourse, to
   72  have sexual intercourse with any other person, unless such other
   73  person has been informed of the presence of the sexually
   74  transmissible disease and has consented to the sexual
   75  intercourse.
   76         Section 89. Section 384.34, Florida Statutes, is amended to
   77  read:
   78         384.34 Penalties.—
   79         (1) Any person who violates s. 384.24 the provisions of s.
   80  384.24(1) commits a misdemeanor of the first degree, punishable
   81  as provided in s. 775.082 or s. 775.083.
   82         (2) Any person who violates the provisions of s. 384.26 or
   83  s. 384.29 commits a misdemeanor of the first degree, punishable
   84  as provided in s. 775.082 or s. 775.083.
   85         (3) Any person who maliciously disseminates any false
   86  information or report concerning the existence of any sexually
   87  transmissible disease commits a misdemeanor felony of the first
   88  third degree, punishable as provided in s. 775.082 or s. 775.083
   89  ss. 775.082, 775.083, and 775.084.
   90         (4) Any person who violates the provisions of the
   91  department’s rules pertaining to sexually transmissible diseases
   92  may be punished by a fine not to exceed $500 for each violation.
   93  Any penalties enforced under this subsection shall be in
   94  addition to other penalties provided by this chapter. The
   95  department may enforce this section and adopt rules necessary to
   96  administer this section.
   97         (5)Any person who violates s. 384.24(2) commits a felony
   98  of the third degree, punishable as provided in s. 775.082, s.
   99  775.083, or s. 775.084. Any person who commits multiple
  100  violations of s. 384.24(2) commits a felony of the first degree,
  101  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  102         (6) Any person who obtains information that identifies an
  103  individual who has a sexually transmissible disease, who knew or
  104  should have known the nature of the information and maliciously,
  105  or for monetary gain, disseminates this information or otherwise
  106  makes this information known to any other person, except by
  107  providing it either to a physician or nurse employed by the
  108  Department of Health or to a law enforcement agency, commits a
  109  felony of the third degree, punishable as provided in s.
  110  775.082, s. 775.083, or s. 775.084.
  111         Section 90. Subsections (1) and (3) of section 775.0877,
  112  Florida Statutes, are amended to read:
  113         775.0877 Criminal transmission of HIV; procedures;
  114  penalties.—
  115         (1) In any case in which a person has been convicted of or
  116  has pled nolo contendere or guilty to, regardless of whether
  117  adjudication is withheld, any of the following offenses, or the
  118  attempt thereof, which offense or attempted offense involves the
  119  transmission of body fluids from one person to another:
  120         (a) Section 794.011, relating to sexual battery;
  121         (b) Section 826.04, relating to incest;
  122         (c) Section 800.04, relating to lewd or lascivious offenses
  123  committed upon or in the presence of persons less than 16 years
  124  of age;
  125         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
  126  relating to assault;
  127         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
  128  relating to aggravated assault;
  129         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
  130  relating to battery;
  131         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
  132  relating to aggravated battery;
  133         (h) Section 827.03(2)(c), relating to child abuse;
  134         (i) Section 827.03(2)(a), relating to aggravated child
  135  abuse;
  136         (j) Section 825.102(1), relating to abuse of an elderly
  137  person or disabled adult;
  138         (k) Section 825.102(2), relating to aggravated abuse of an
  139  elderly person or disabled adult;
  140         (l) Section 827.071, relating to sexual performance by
  141  person less than 18 years of age;
  142         (m) Sections 796.07 and 796.08, relating to prostitution;
  143  or
  144         (n) Section 381.0041(11)(b), relating to donation of blood,
  145  plasma, organs, skin, or other human tissue; or
  146         (o) Sections 787.06(3)(b), (d), (f), and (g), relating to
  147  human trafficking,
  148  
  149  the court shall order the offender to undergo HIV testing, to be
  150  performed under the direction of the Department of Health in
  151  accordance with s. 381.004, unless the offender has undergone
  152  HIV testing voluntarily or pursuant to procedures established in
  153  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
  154  rule providing for HIV testing of criminal offenders or inmates,
  155  subsequent to her or his arrest for an offense enumerated in
  156  paragraphs (a)-(m) (a)-(n) for which she or he was convicted or
  157  to which she or he pled nolo contendere or guilty. The results
  158  of an HIV test performed on an offender pursuant to this
  159  subsection are not admissible in any criminal proceeding arising
  160  out of the alleged offense.
  161         (3) An offender who has undergone HIV testing pursuant to
  162  subsection (1), and to whom positive test results have been
  163  disclosed pursuant to subsection (2), who commits a second or
  164  subsequent offense enumerated in paragraphs (1)(a)-(m)(1)(a)
  165  (n), commits criminal transmission of HIV, a felony of the third
  166  degree, punishable as provided in s. 775.082 or, s. 775.083, or
  167  s. 775.084. A person may be convicted and sentenced separately
  168  for a violation of this subsection and for the underlying crime
  169  enumerated in paragraphs (1)(a)-(m)(1)(a)-(n).
  170         Section 91. Paragraphs (a) and (b) of subsection (2) and
  171  paragraph (a) of subsection (3) of section 960.003, Florida
  172  Statutes, are amended to read:
  173         960.003 Hepatitis and HIV testing for persons charged with
  174  or alleged by petition for delinquency to have committed certain
  175  offenses; disclosure of results to victims.—
  176         (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
  177  FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
  178         (a) In any case in which a person has been charged by
  179  information or indictment with or alleged by petition for
  180  delinquency to have committed any offense enumerated in s.
  181  775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n), which involves the
  182  transmission of body fluids from one person to another, upon
  183  request of the victim or the victim’s legal guardian, or of the
  184  parent or legal guardian of the victim if the victim is a minor,
  185  the court shall order such person to undergo hepatitis and HIV
  186  testing within 48 hours after the information, indictment, or
  187  petition for delinquency is filed. In the event the victim or,
  188  if the victim is a minor, the victim’s parent or legal guardian
  189  requests hepatitis and HIV testing after 48 hours have elapsed
  190  from the filing of the indictment, information, or petition for
  191  delinquency, the testing shall be done within 48 hours after the
  192  request.
  193         (b) However, when a victim of any sexual offense enumerated
  194  in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n) is under the age
  195  of 18 at the time the offense was committed or when a victim of
  196  any sexual offense enumerated in s. 775.0877(1)(a)-(m) s.
  197  775.0877(1)(a)-(n) or s. 825.1025 is a disabled adult or elderly
  198  person as defined in s. 825.1025 regardless of whether the
  199  offense involves the transmission of bodily fluids from one
  200  person to another, then upon the request of the victim or the
  201  victim’s legal guardian, or of the parent or legal guardian, the
  202  court shall order such person to undergo hepatitis and HIV
  203  testing within 48 hours after the information, indictment, or
  204  petition for delinquency is filed. In the event the victim or,
  205  if the victim is a minor, the victim’s parent or legal guardian
  206  requests hepatitis and HIV testing after 48 hours have elapsed
  207  from the filing of the indictment, information, or petition for
  208  delinquency, the testing shall be done within 48 hours after the
  209  request. The testing shall be performed under the direction of
  210  the Department of Health in accordance with s. 381.004. The
  211  results of a hepatitis and HIV test performed on a defendant or
  212  juvenile offender pursuant to this subsection shall not be
  213  admissible in any criminal or juvenile proceeding arising out of
  214  the alleged offense.
  215         (3) DISCLOSURE OF RESULTS.—
  216         (a) The results of the test shall be disclosed no later
  217  than 2 weeks after the court receives such results, under the
  218  direction of the Department of Health, to the person charged
  219  with or alleged by petition for delinquency to have committed or
  220  to the person convicted of or adjudicated delinquent for any
  221  offense enumerated in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)
  222  (n), which involves the transmission of body fluids from one
  223  person to another, and, upon request, to the victim or the
  224  victim’s legal guardian, or the parent or legal guardian of the
  225  victim if the victim is a minor, and to public health agencies
  226  pursuant to s. 775.0877. If the alleged offender is a juvenile,
  227  the test results shall also be disclosed to the parent or
  228  guardian. When the victim is a victim as described in paragraph
  229  (2)(b), the test results must also be disclosed no later than 2
  230  weeks after the court receives such results, to the person
  231  charged with or alleged by petition for delinquency to have
  232  committed or to the person convicted of or adjudicated
  233  delinquent for any offense enumerated in s. 775.0877(1)(a)-(m)
  234  s. 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
  235  offense involves the transmission of bodily fluids from one
  236  person to another, and, upon request, to the victim or the
  237  victim’s legal guardian, or the parent or legal guardian of the
  238  victim, and to public health agencies pursuant to s. 775.0877.
  239  Otherwise, hepatitis and HIV test results obtained pursuant to
  240  this section are confidential and exempt from the provisions of
  241  s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
  242  shall not be disclosed to any other person except as expressly
  243  authorized by law or court order.
  244         Section 92. Subsection (3) of section 921.0022, Florida
  245  Statutes, is amended to read:
  246         921.0022 Criminal Punishment Code; offense severity ranking
  247  chart.—
  248         (3) OFFENSE SEVERITY RANKING CHART
  249         (a) LEVEL 1
  250  
  251  FloridaStatute          FelonyDegree          Description          
  252  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
  253  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
  254  212.15(2)(b)                3rd     Failure to remit sales taxes, amount greater than $1,000 $300 but less than $20,000.
  255  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
  256  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
  257  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
  258  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
  259  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  260  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
  261  322.212(5)(a)               3rd     False application for driver license or identification card.
  262  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  263  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
  264  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value greater than $1,000 $300.
  265  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
  266  562.27(1)                   3rd     Possess still or still apparatus.
  267  713.69                      3rd     Tenant removes property upon which lien has accrued, value more than $1,000 $50.
  268  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  269  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
  270  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
  271  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
  272  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
  273  826.01                      3rd     Bigamy.                        
  274  828.122(3)                  3rd     Fighting or baiting animals.   
  275  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  276  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  277  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
  278  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
  279  838.15(2)                   3rd     Commercial bribe receiving.    
  280  838.16                      3rd     Commercial bribery.            
  281  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
  282  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  283  849.01                      3rd     Keeping gambling house.        
  284  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  285  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
  286  849.25(2)                   3rd     Engaging in bookmaking.        
  287  860.08                      3rd     Interfere with a railroad signal.
  288  860.13(1)(a)                3rd     Operate aircraft while under the influence.
  289  893.13(2)(a)2.              3rd     Purchase of cannabis.          
  290  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
  291  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
  292  
  293  
  294  
  295  
  296  
  297         (b) LEVEL 2
  298  
  299  FloridaStatute             FelonyDegree        Description        
  300  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  301  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  302  403.413(6)(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.
  303  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
  304  590.28(1)                      3rd     Intentional burning of lands.
  305  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  306  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  307  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  308  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  309  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
  310  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $750 $300 or more but less than $5,000.
  311  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $750 $300, taken from unenclosed curtilage of dwelling.
  312  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  313  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
  314  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  315  817.52(3)                      3rd     Failure to redeliver hired vehicle.
  316  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  317  817.60(5)                      3rd     Dealing in credit cards of another.
  318  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
  319  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  320  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
  321  831.01                         3rd     Forgery.                   
  322  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  323  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
  324  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  325  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  326  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  327  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
  328  843.08                         3rd     False personation.         
  329  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
  330  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
  331  
  332  
  333  
  334  
  335  
  336         (c) LEVEL 3
  337  
  338  FloridaStatute           FelonyDegree         Description          
  339  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  340  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  341  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  342  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  343  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  344  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  345  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  346  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  347  327.35(2)(b)                 3rd     Felony BUI.                   
  348  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  349  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  350  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  351  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  352  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
  353  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  354  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  355  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  356  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  357  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  358  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  359  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  360  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  361  697.08                       3rd     Equity skimming.              
  362  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  363  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  364  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  365  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  366  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  367  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  368  812.015(8)(b)                3rd     Retail theft with intent to sell; coordination with others.
  369  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
  370  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  371  817.233                      3rd     Burning to defraud insurer.   
  372  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  373  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  374  817.236                      3rd     Filing a false motor vehicle insurance application.
  375  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  376  817.413(2)                   3rd     Sale of used goods as new.    
  377  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
  378  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  379  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  380  843.19                       3rd     Injure, disable, or kill police dog or horse.
  381  860.15(3)                    3rd     Overcharging for repairs and parts.
  382  870.01(2)                    3rd     Riot; inciting or encouraging.
  383  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
  384  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
  385  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
  386  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  387  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  388  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  389  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  390  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  391  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  392  893.13(8)(a)1.               3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  393  893.13(8)(a)2.               3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  394  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  395  893.13(8)(a)4.               3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  396  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  397  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  398  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  399  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  400  
  401  
  402  
  403  
  404  
  405         (d) LEVEL 4
  406  
  407  FloridaStatute             FelonyDegree        Description        
  408  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.
  409  499.0051(1)                    3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  410  499.0051(5)                    2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  411  517.07(1)                      3rd     Failure to register securities.
  412  517.12(1)                      3rd     Failure of dealer, associated person, or issuer of securities to register.
  413  784.07(2)(b)                   3rd     Battery of law enforcement officer, firefighter, etc.
  414  784.074(1)(c)                  3rd     Battery of sexually violent predators facility staff.
  415  784.075                        3rd     Battery on detention or commitment facility staff.
  416  784.078                        3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  417  784.08(2)(c)                   3rd     Battery on a person 65 years of age or older.
  418  784.081(3)                     3rd     Battery on specified official or employee.
  419  784.082(3)                     3rd     Battery by detained person on visitor or other detainee.
  420  784.083(3)                     3rd     Battery on code inspector. 
  421  784.085                        3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  422  787.03(1)                      3rd     Interference with custody; wrongly takes minor from appointed guardian.
  423  787.04(2)                      3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  424  787.04(3)                      3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  425  787.07                         3rd     Human smuggling.           
  426  790.115(1)                     3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  427  790.115(2)(b)                  3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  428  790.115(2)(c)                  3rd     Possessing firearm on school property.
  429  800.04(7)(c)                   3rd     Lewd or lascivious exhibition; offender less than 18 years.
  430  810.02(4)(a)                   3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  431  810.02(4)(b)                   3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  432  810.06                         3rd     Burglary; possession of tools.
  433  810.08(2)(c)                   3rd     Trespass on property, armed with firearm or dangerous weapon.
  434  812.014(2)(c)3.                3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  435  812.014 (2)(c)4.-10.           3rd     Grand theft, 3rd degree; specified items, a will, firearm, motor vehicle, livestock, etc.
  436  812.0195(2)                    3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  437  817.505(4)(a)                  3rd     Patient brokering.         
  438  817.563(1)                     3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  439  817.568(2)(a)                  3rd     Fraudulent use of personal identification information.
  440  817.625(2)(a)                  3rd     Fraudulent use of scanning device, skimming device, or reencoder.
  441  817.625(2)(c)                  3rd     Possess, sell, or deliver skimming device.
  442  828.125(1)                     2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  443  837.02(1)                      3rd     Perjury in official proceedings.
  444  837.021(1)                     3rd     Make contradictory statements in official proceedings.
  445  838.022                        3rd     Official misconduct.       
  446  839.13(2)(a)                   3rd     Falsifying records of an individual in the care and custody of a state agency.
  447  839.13(2)(c)                   3rd     Falsifying records of the Department of Children and Families.
  448  843.021                        3rd     Possession of a concealed handcuff key by a person in custody.
  449  843.025                        3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  450  843.15(1)(a)                   3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  451  847.0135(5)(c)                 3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  452  874.05(1)(a)                   3rd     Encouraging or recruiting another to join a criminal gang.
  453  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)5. drugs).
  454  914.14(2)                      3rd     Witnesses accepting bribes.
  455  914.22(1)                      3rd     Force, threaten, etc., witness, victim, or informant.
  456  914.23(2)                      3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  457  918.12                         3rd     Tampering with jurors.     
  458  934.215                        3rd     Use of two-way communications device to facilitate commission of a crime.
  459  944.47(1)(a)6.                 3rd     Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  460  951.22(1)(h),(j), & (k)        3rd     Intoxicating drug, instrumentality, or cellular telephone or other device to aid escape introduced into county detention facility.
  461  
  462  
  463  
  464  
  465  
  466         (e) LEVEL 5
  467  
  468  FloridaStatute             FelonyDegree        Description        
  469  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  470  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  471  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  472  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  473  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  474  379.365(2)(c)1.                3rd     Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  475  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  476  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  477  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  478  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  479  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  480  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  481  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  482  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  483  790.01(2)                      3rd     Carrying a concealed firearm.
  484  790.162                        2nd     Threat to throw or discharge destructive device.
  485  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  486  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  487  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  488  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  489  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  490  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  491  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  492  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  493  812.015(8)(a), (c),(d), & (e)    3rd     Retail theft; property stolen is valued at $750 $300 or more and one or more specified acts.
  494  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  495  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  496  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  497  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  498  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  499  817.2341(1), (2)(a) & (3)(a)    3rd     Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  500  817.568(2)(b)                  2nd     Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
  501  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  502  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  503  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  504  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  505  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  506  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  507  839.13(2)(b)                   2nd     Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  508  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  509  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  510  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  511  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  512  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  513  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  514  893.13(1)(a)1.                 2nd     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
  515  893.13(1)(c)2.                 2nd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  516  893.13(1)(d)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
  517  893.13(1)(e)2.                 2nd     Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  518  893.13(1)(f)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
  519  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  520  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  521  
  522  
  523  ================= T I T L E  A M E N D M E N T ================
  524  And the title is amended as follows:
  525         Between lines 527 and 528
  526  insert:
  527         381.0041, F.S.; providing an exception to allow the
  528         donation of human tissue by a person who has human
  529         immunodeficiency virus infection under certain
  530         circumstances; reclassifying a criminal offense
  531         relating to such donations; amending s. 384.23, F.S.;
  532         providing definitions; amending s. 384.24, F.S.;
  533         expanding the scope of unlawful acts by a person
  534         infected with a sexually transmissible disease;
  535         expanding the list of sexually transmissible diseases
  536         to include human immunodeficiency virus infection;
  537         providing that certain actions are not sufficient
  538         evidence to establish intent on the part of the person
  539         who transmits the disease; providing a definition;
  540         amending s. 384.34, F.S.; reclassifying specified
  541         criminal offenses; removing a fine for specified rule
  542         violations; amending s. 775.0877, F.S.; conforming
  543         provisions to changes made by the act; amending s.
  544         960.003, F.S.; conforming cross-references; amending
  545         s.