Senate Bill 0782

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                   SB 782

    By Senator Gutman





    34-595A-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to offenses involving the

  3         obstruction of law enforcement; amending s.

  4         843.08, F.S.; reclassifying or increasing the

  5         penalties for the offenses of falsely assuming

  6         or pretending to be, or falsely personating, an

  7         officer of the Florida Highway Patrol, Game and

  8         Fresh Water Fish Commission, Department of

  9         Environmental Protection, Department of

10         Transportation, or Department of Corrections, a

11         correctional probation officer, sheriff or

12         deputy sheriff, state attorney or assistant

13         state attorney, statewide prosecutor or

14         assistant statewide prosecutor, state attorney

15         investigator, coroner, police officer, lottery

16         special agent or lottery investigator, beverage

17         enforcement agent or watchman, member of the

18         Parole Commission or administrative aide or

19         supervisor employed by the commission, or any

20         personnel or representative of the Department

21         of Law Enforcement; providing that such false

22         assumption or pretense is a felony of the

23         second degree; providing that such false

24         personation during the course of the commission

25         of a felony is a felony of the first degree;

26         providing that such false personation during

27         the commission of a felony which results in the

28         death or personal injury of another human being

29         is a felony of the first degree punishable by

30         life imprisonment; providing penalties;

31         amending s. 921.0022, F.S., relating to the

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    Florida Senate - 1998                                   SB 782
    34-595A-98                                              See HB




  1         Criminal Punishment Code offense severity

  2         ranking chart; removing a nonconforming

  3         reference; providing for ranking of the

  4         offenses; providing an effective date.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Section 843.08, Florida Statutes, is

  9  amended to read:

10         843.08  Falsely personating officer, etc.--A person who

11  falsely assumes or pretends to be a sheriff, officer of the

12  Florida Highway Patrol, officer of the Game and Fresh Water

13  Fish Commission, officer of the Department of Environmental

14  Protection, officer of the Department of Transportation,

15  officer of the Department of Corrections, correctional

16  probation officer, deputy sheriff, state attorney or assistant

17  state attorney, statewide prosecutor or assistant statewide

18  prosecutor, state attorney investigator, coroner, police

19  officer, lottery special agent or lottery investigator,

20  beverage enforcement agent, or watchman, or any member of the

21  Parole Commission and any administrative aide or supervisor

22  employed by the commission, or any personnel or representative

23  of the Department of Law Enforcement, and takes upon himself

24  or herself to act as such, or to require any other person to

25  aid or assist him or her in a matter pertaining to the duty of

26  any such officer, commits a felony of the second third degree,

27  punishable as provided in s. 775.082, s. 775.083, or s.

28  775.084; however, a person who falsely personates any such

29  officer during the course of the commission of a felony

30  commits a felony of the first second degree, punishable as

31  provided in s. 775.082, s. 775.083, or s. 775.084; except that

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    Florida Senate - 1998                                   SB 782
    34-595A-98                                              See HB




  1  if the commission of the felony results in the death or

  2  personal injury of another human being, the person commits a

  3  felony of the first degree, punishable by imprisonment for a

  4  term of years not exceeding life, or as provided in s.

  5  775.082, s. 775.083, or s. 775.084.

  6         Section 2.  Paragraphs (b), (d), (g), and (i) of

  7  subsection (3) of section 921.0022, Florida Statutes, are

  8  amended to read:

  9         921.0022  Criminal Punishment Code; offense severity

10  ranking chart.--

11         (3)  OFFENSE SEVERITY RANKING CHART

12

13  Florida           Felony

14  Statute           Degree             Description

15

16                              (b)  LEVEL 2

17  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

18                              lbs. in weight or 100 cubic feet

19                              in volume or any quantity for

20                              commercial purposes, or hazardous

21                              waste.

22  517.07             3rd      Registration of securities and

23                              furnishing of prospectus

24                              required.

25  590.28(1)          3rd      Willful, malicious, or

26                              intentional burning.

27  784.05(3)          3rd      Storing or leaving a loaded

28                              firearm within reach of minor who

29                              uses it to inflict injury or

30                              death.

31

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    Florida Senate - 1998                                   SB 782
    34-595A-98                                              See HB




  1  787.04(1)          3rd      In violation of court order,

  2                              take, entice, etc., minor beyond

  3                              state limits.

  4  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

  5                              or more to public communication

  6                              or any other public service.

  7  810.09(2)(e)       3rd      Trespassing on posted commercial

  8                              commerical horticulture property.

  9  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

10                              more but less than $5,000.

11  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

12                              more but less than $300, taken

13                              from unenclosed curtilage of

14                              dwelling.

15  817.234(1)(a)2.    3rd      False statement in support of

16                              insurance claim.

17  817.481(3)(a)      3rd      Obtain credit or purchase with

18                              false, expired, counterfeit,

19                              etc., credit card, value over

20                              $300.

21  817.52(3)          3rd      Failure to redeliver hired

22                              vehicle.

23  817.54             3rd      With intent to defraud, obtain

24                              mortgage note, etc., by false

25                              representation.

26  817.60(5)          3rd      Dealing in credit cards of

27                              another.

28  817.60(6)(a)       3rd      Forgery; purchase goods, services

29                              with false card.

30

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    Florida Senate - 1998                                   SB 782
    34-595A-98                                              See HB




  1  817.61             3rd      Fraudulent use of credit cards

  2                              over $100 or more within 6

  3                              months.

  4  826.04             3rd      Knowingly marries or has sexual

  5                              intercourse with person to whom

  6                              related.

  7  831.01             3rd      Forgery.

  8  831.02             3rd      Uttering forged instrument;

  9                              utters or publishes alteration

10                              with intent to defraud.

11  831.07             3rd      Forging bank bills or promissory

12                              note.

13  831.08             3rd      Possession of 10 or more forged

14                              notes.

15  831.09             3rd      Uttering forged bills; passes as

16                              bank bill or promissory note.

17  832.05(3)(a)       3rd      Cashing or depositing item with

18                              intent to defraud.

19  843.08             3rd      Falsely impersonating an officer.

20  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

21                              (2)(c), (3), or (4) drugs other

22                              than cannabis.

23  893.147(2)         3rd      Manufacture or delivery of drug

24                              paraphernalia.

25                              (d)  LEVEL 4

26  316.1935(2)        3rd      Fleeing or attempting to elude

27                              law enforcement officer resulting

28                              in high-speed pursuit.

29  784.07(2)(b)       3rd      Battery of law enforcement

30                              officer, firefighter, intake

31                              officer, etc.

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    Florida Senate - 1998                                   SB 782
    34-595A-98                                              See HB




  1  784.075            3rd      Battery on detention or

  2                              commitment facility staff.

  3  784.08(2)(c)       3rd      Battery on a person 65 years of

  4                              age or older.

  5  784.081(3)         3rd      Battery on specified official or

  6                              employee.

  7  784.082(3)         3rd      Battery by detained person on

  8                              visitor or other detainee.

  9  787.03(1)          3rd      Interference with custody;

10                              wrongly takes child from

11                              appointed guardian.

12  787.04(2)          3rd      Take, entice, or remove child

13                              beyond state limits with criminal

14                              intent pending custody

15                              proceedings.

16  787.04(3)          3rd      Carrying child beyond state lines

17                              with criminal intent to avoid

18                              producing child at custody

19                              hearing or delivering to

20                              designated person.

21  790.115(1)         3rd      Exhibiting firearm or weapon

22                              within 1,000 feet of a school.

23  790.115(2)(b)      3rd      Possessing electric weapon or

24                              device, destructive device, or

25                              other weapon on school property.

26  790.115(2)(c)      3rd      Possessing firearm on school

27                              property.

28  810.02(4)(a)       3rd      Burglary, or attempted burglary,

29                              of an unoccupied structure;

30                              unarmed; no assault or battery.

31

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    Florida Senate - 1998                                   SB 782
    34-595A-98                                              See HB




  1  810.02(4)(b)       3rd      Burglary, or attempted burglary,

  2                              of an unoccupied conveyance;

  3                              unarmed; no assault or battery.

  4  810.06             3rd      Burglary; possession of tools.

  5  810.08(2)(c)       3rd      Trespass on property, armed with

  6                              firearm or dangerous weapon.

  7  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

  8                              or more but less than $20,000.

  9  812.014

10   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

11                              firearm, motor vehicle,

12                              livestock, etc.

13  817.563(1)         3rd      Sell or deliver substance other

14                              than controlled substance agreed

15                              upon, excluding s. 893.03(5)

16                              drugs.

17  828.125(1)         2nd      Kill, maim, or cause great bodily

18                              harm or permanent breeding

19                              disability to any registered

20                              horse or cattle.

21  837.02(1)          3rd      Perjury in official proceedings.

22  837.021(1)         3rd      Make contradictory statements in

23                              official proceedings.

24  843.025            3rd      Deprive law enforcement,

25                              correctional, or correctional

26                              probation officer of means of

27                              protection or communication.

28  843.08             2nd      Falsely personating an officer.

29  843.15(1)(a)       3rd      Failure to appear while on bail

30                              for felony (bond estreature or

31                              bond jumping).

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    Florida Senate - 1998                                   SB 782
    34-595A-98                                              See HB




  1  874.05(1)          3rd      Encouraging or recruiting another

  2                              to join a criminal street gang.

  3  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

  4                              893.03(1)(a), (b), or (d), or

  5                              (2)(a) or (b) drugs).

  6  914.14(2)          3rd      Witnesses accepting bribes.

  7  914.22(1)          3rd      Force, threaten, etc., witness,

  8                              victim, or informant.

  9  914.23(2)          3rd      Retaliation against a witness,

10                              victim, or informant, no bodily

11                              injury.

12  918.12             3rd      Tampering with jurors.

13                              (g)  LEVEL 7

14  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

15                              injury.

16  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

17                              bodily injury.

18  409.920(2)         3rd      Medicaid provider fraud.

19  494.0018(2)        1st      Conviction of any violation of

20                              ss. 494.001-494.0077 in which the

21                              total money and property

22                              unlawfully obtained exceeded

23                              $50,000 and there were five or

24                              more victims.

25  782.07(1)          2nd      Killing of a human being by the

26                              act, procurement, or culpable

27                              negligence of another

28                              (manslaughter).

29

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    Florida Senate - 1998                                   SB 782
    34-595A-98                                              See HB




  1  782.071            3rd      Killing of human being by the

  2                              operation of a motor vehicle in a

  3                              reckless manner (vehicular

  4                              homicide).

  5  782.072            3rd      Killing of a human being by the

  6                              operation of a vessel in a

  7                              reckless manner (vessel

  8                              homicide).

  9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

10                              causing great bodily harm or

11                              disfigurement.

12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

13                              weapon.

14  784.045(1)(b)      2nd      Aggravated battery; perpetrator

15                              aware victim pregnant.

16  784.048(4)         3rd      Aggravated stalking; violation of

17                              injunction or court order.

18  784.07(2)(d)       1st      Aggravated battery on law

19                              enforcement officer.

20  784.08(2)(a)       1st      Aggravated battery on a person 65

21                              years of age or older.

22  784.081(1)         1st      Aggravated battery on specified

23                              official or employee.

24  784.082(1)         1st      Aggravated battery by detained

25                              person on visitor or other

26                              detainee.

27  790.07(4)          1st      Specified weapons violation

28                              subsequent to previous conviction

29                              of s. 790.07(1) or (2).

30  790.16(1)          1st      Discharge of a machine gun under

31                              specified circumstances.

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    Florida Senate - 1998                                   SB 782
    34-595A-98                                              See HB




  1  796.03             2nd      Procuring any person under 16

  2                              years for prostitution.

  3  800.04             2nd      Handle, fondle, or assault child

  4                              under 16 years in lewd,

  5                              lascivious, or indecent manner.

  6  806.01(2)          2nd      Maliciously damage structure by

  7                              fire or explosive.

  8  810.02(3)(a)       2nd      Burglary of occupied dwelling;

  9                              unarmed; no assault or battery.

10  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

11                              unarmed; no assault or battery.

12  810.02(3)(d)       2nd      Burglary of occupied conveyance;

13                              unarmed; no assault or battery.

14  812.014(2)(a)      1st      Property stolen, valued at

15                              $100,000 or more; property stolen

16                              while causing other property

17                              damage; 1st degree grand theft.

18  812.019(2)         1st      Stolen property; initiates,

19                              organizes, plans, etc., the theft

20                              of property and traffics in

21                              stolen property.

22  812.133(2)(b)      1st      Carjacking; no firearm, deadly

23                              weapon, or other weapon.

24  825.102(3)(b)      2nd      Neglecting an elderly person or

25                              disabled adult causing great

26                              bodily harm, disability, or

27                              disfigurement.

28  825.1025(2)        2nd      Lewd or lascivious battery upon

29                              an elderly person or disabled

30                              adult.

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    Florida Senate - 1998                                   SB 782
    34-595A-98                                              See HB




  1  825.103(2)(b)      2nd      Exploiting an elderly person or

  2                              disabled adult and property is

  3                              valued at $20,000 or more, but

  4                              less than $100,000.

  5  827.03(3)(b)       2nd      Neglect of a child causing great

  6                              bodily harm, disability, or

  7                              disfigurement.

  8  827.04(4)          3rd      Impregnation of a child under 16

  9                              years of age by person 21 years

10                              of age or older.

11  843.08             1st      Falsely personating an officer

12                              during the course of committing a

13                              felony.

14  872.06             2nd      Abuse of a dead human body.

15  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

16                              cocaine (or other s.

17                              893.03(1)(a), (1)(b), (1)(d),

18                              (2)(a), or (2)(b) drugs) within

19                              1,000 feet of a school.

20  893.13(4)(a)       1st      Deliver to minor cocaine (or

21                              other s. 893.03(1)(a), (1)(b),

22                              (1)(d), (2)(a), or (2)(b) drugs).

23  893.135(1)(a)1.    1st      Trafficking in cannabis, more

24                              than 50 lbs., less than 2,000

25                              lbs.

26  893.135

27   (1)(b)1.a.        1st      Trafficking in cocaine, more than

28                              28 grams, less than 200 grams.

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    Florida Senate - 1998                                   SB 782
    34-595A-98                                              See HB




  1  893.135

  2   (1)(c)1.a.        1st      Trafficking in illegal drugs,

  3                              more than 4 grams, less than 14

  4                              grams.

  5  893.135

  6   (1)(d)1.          1st      Trafficking in phencyclidine,

  7                              more than 28 grams, less than 200

  8                              grams.

  9  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

10                              than 200 grams, less than 5

11                              kilograms.

12  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

13                              than 14 grams, less than 28

14                              grams.

15                              (i)  LEVEL 9

16  316.193

17   (3)(c)3.b.        1st      DUI manslaughter; failing to

18                              render aid or give information.

19  782.04(1)          1st      Attempt, conspire, or solicit to

20                              commit premeditated murder.

21  782.04(3)          1st,PBL   Accomplice to murder in

22                              connection with arson, sexual

23                              battery, robbery, burglary, and

24                              other specified felonies.

25  782.07(2)          1st      Aggravated manslaughter of an

26                              elderly person or disabled adult.

27  782.07(3)          1st      Aggravated manslaughter of a

28                              child.

29  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

30                              reward or as a shield or hostage.

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    Florida Senate - 1998                                   SB 782
    34-595A-98                                              See HB




  1  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

  2                              or facilitate commission of any

  3                              felony.

  4  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

  5                              interfere with performance of any

  6                              governmental or political

  7                              function.

  8  787.02(3)(a)       1st      False imprisonment; child under

  9                              age 13; perpetrator also commits

10                              child abuse, sexual battery,

11                              lewd, or lascivious act, etc.

12  790.161            1st      Attempted capital destructive

13                              device offense.

14  794.011(2)         1st      Attempted sexual battery; victim

15                              less than 12 years of age.

16  794.011(2)         Life     Sexual battery; offender younger

17                              than 18 years and commits sexual

18                              battery on a person less than 12

19                              years.

20  794.011(4)         1st      Sexual battery; victim 12 years

21                              or older, certain circumstances.

22  794.011(8)(b)      1st      Sexual battery; engage in sexual

23                              conduct with minor 12 to 18 years

24                              by person in familial or

25                              custodial authority.

26  812.13(2)(a)       1st,PBL  Robbery with firearm or other

27                              deadly weapon.

28  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

29                              deadly weapon.

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    Florida Senate - 1998                                   SB 782
    34-595A-98                                              See HB




  1  843.08             1st,PBL  Falsely personating an officer

  2                              during the course of committing a

  3                              felony resulting in another's

  4                              death or injury.

  5  847.0145(1)        1st      Selling, or otherwise

  6                              transferring custody or control,

  7                              of a minor.

  8  847.0145(2)        1st      Purchasing, or otherwise

  9                              obtaining custody or control, of

10                              a minor.

11  859.01             1st      Poisoning food, drink, medicine,

12                              or water with intent to kill or

13                              injure another person.

14  893.135            1st      Attempted capital trafficking

15                              offense.

16  893.135(1)(a)3.    1st      Trafficking in cannabis, more

17                              than 10,000 lbs.

18  893.135

19   (1)(b)1.c.        1st      Trafficking in cocaine, more than

20                              400 grams, less than 150

21                              kilograms.

22  893.135

23   (1)(c)1.c.        1st      Trafficking in illegal drugs,

24                              more than 28 grams, less than 30

25                              kilograms.

26  893.135

27   (1)(d)1.c.        1st      Trafficking in phencyclidine,

28                              more than 400 grams.

29  893.135

30   (1)(e)1.c.        1st      Trafficking in methaqualone, more

31                              than 25 kilograms.

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    Florida Senate - 1998                                   SB 782
    34-595A-98                                              See HB




  1  893.135

  2   (1)(f)1.c.        1st      Trafficking in amphetamine, more

  3                              than 200 grams.

  4         Section 3.  This act shall take effect October 1 of the

  5  year in which enacted and shall apply to offenses committed on

  6  or after that date.

  7

  8            *****************************************

  9                       LEGISLATIVE SUMMARY

10    Reclassifies or increases the penalties for the offenses
      of falsely assuming or pretending to be, or falsely
11    personating, an officer or specified personnel. Provides
      that such false assumption or pretense is a felony of the
12    second degree. Provides that such false personation
      during the course of the commission of a felony is a
13    felony of the first degree. Provides that such false
      personation during the commission of a felony which
14    results in the death or personal injury of another human
      being is a felony of the first degree punishable by life.
15    Provides penalties. Provides for ranking of the offenses
      in the Criminal Punishment Code offense severity ranking
16    chart.

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