House Bill hb0531e1
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HB 531, First Engrossed
1 A bill to be entitled
2 An act relating to property crimes; amending s.
3 812.014, F.S.; providing second-degree felony
4 penalties for theft of certain emergency
5 medical equipment and theft of certain cargo;
6 amending s. 812.015, F.S.; revising certain
7 definitions; authorizing a merchant or
8 merchant's employee to provide a business
9 address for purposes of any investigation with
10 respect to the offense of retail theft;
11 providing a felony penalty for unlawfully
12 possessing antishoplifting or inventory control
13 device countermeasures; providing a
14 third-degree felony penalty for certain
15 commission of retail theft; providing a
16 second-degree felony penalty for second or
17 subsequent violations of such retail theft;
18 creating s. 812.0155, F.S.; authorizing a court
19 to suspend the driver's license of certain
20 persons under certain circumstances; requiring
21 a court to suspend the driver's license of such
22 persons for second or subsequent offenses;
23 providing for increased periods of suspension
24 for second or subsequent adjudications;
25 providing requirements of court for revoking,
26 suspending, or withholding issuance of the
27 driver's license of certain persons; providing
28 construction; creating s. 812.017, F.S.;
29 providing misdemeanor penalties for the use of
30 a fraudulently obtained or false receipt to
31 request a refund or obtain merchandise;
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HB 531, First Engrossed
1 creating s. 812.0195, F.S.; providing criminal
2 penalties for dealing in stolen property by use
3 of the Internet; creating s. 817.625, F.S.;
4 providing definitions; providing a felony
5 penalty for using a scanning device to access,
6 read, obtain, memorize, or store information
7 encoded on a payment card without the
8 permission of, and with intent to defraud, the
9 authorized user of the payment card; providing
10 a felony penalty for using a reencoder to place
11 information onto a payment card without the
12 permission of, and with intent to defraud, the
13 authorized user of the payment card; providing
14 an enhanced penalty for a second or subsequent
15 violation of the act; subjecting certain
16 violations to the Florida Contraband Forfeiture
17 Act; amending ss. 831.07, 831.08, and 831.09,
18 F.S.; prohibiting forging a check or draft or
19 possessing or passing a forged check or draft;
20 providing penalties; reenacting s. 831.10,
21 F.S., relating to second conviction of uttering
22 forged bills, to incorporate a reference;
23 amending s. 831.11, F.S.; prohibiting bringing
24 a forged or counterfeit check or draft into the
25 state; providing a penalty; amending s. 831.12,
26 F.S.; providing that connecting together checks
27 or drafts to produce an additional check or
28 draft constitutes the offense of forgery;
29 creating s. 831.28, F.S.; providing a
30 definition; making unlawful the counterfeiting
31 of payment instruments with intent to defraud
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HB 531, First Engrossed
1 or possessing counterfeit payment instruments;
2 providing a felony penalty; specifying acts
3 that constitute prima facie evidence of intent
4 to defraud; authorizing a law enforcement
5 agency to produce or display a counterfeit
6 payment instrument for training purposes;
7 amending s. 832.05, F.S.; providing that prior
8 passing of a worthless check or draft is not
9 notice to the payee of insufficient funds to
10 ensure payment of a subsequent check or draft;
11 amending s. 921.0022, F.S.; conforming
12 provisions of the Offense Severity Ranking
13 Chart of the Criminal Punishment Code to
14 changes made by the act; encouraging local law
15 enforcement agencies to establish a task force
16 on retail crime; providing direction on the
17 composition, operation, and termination of such
18 a task force; providing severability; providing
19 an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 812.012, Florida Statutes, is
24 amended to read:
25 812.012 Definitions.--As used in ss. 812.012-812.037:
26 (1) "Cargo" means partial or entire shipments,
27 containers, or cartons of property which are contained in or
28 on a trailer, motortruck, aircraft, vessel, warehouse, freight
29 station, freight consolidation facility, or air navigation
30 facility.
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HB 531, First Engrossed
1 (2)(1) "Dealer in property" means any person in the
2 business of buying and selling property.
3 (3)(8) "Enterprise" means any individual, sole
4 proprietorship, partnership, corporation, business trust,
5 union chartered under the laws of this state, or other legal
6 entity, or any unchartered union, association, or group of
7 individuals associated in fact although not a legal entity.
8 (4)(2) "Obtains or uses" means any manner of:
9 (a) Taking or exercising control over property.
10 (b) Making any unauthorized use, disposition, or
11 transfer of property.
12 (c) Obtaining property by fraud, willful
13 misrepresentation of a future act, or false promise.
14 (d)1. Conduct previously known as stealing; larceny;
15 purloining; abstracting; embezzlement; misapplication;
16 misappropriation; conversion; or obtaining money or property
17 by false pretenses, fraud, or deception; or
18 2. Other conduct similar in nature.
19 (5)(3) "Property" means anything of value, and
20 includes:
21 (a) Real property, including things growing on,
22 affixed to, and found in land.
23 (b) Tangible or intangible personal property,
24 including rights, privileges, interests, and claims.
25 (c) Services.
26 (6)(4) "Property of another" means property in which a
27 person has an interest upon which another person is not
28 privileged to infringe without consent, whether or not the
29 other person also has an interest in the property.
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1 (7)(5) "Services" means anything of value resulting
2 from a person's physical or mental labor or skill, or from the
3 use, possession, or presence of property, and includes:
4 (a) Repairs or improvements to property.
5 (b) Professional services.
6 (c) Private, public, or government communication,
7 transportation, power, water, or sanitation services.
8 (d) Lodging accommodations.
9 (e) Admissions to places of exhibition or
10 entertainment.
11 (8)(6) "Stolen property" means property that has been
12 the subject of any criminally wrongful taking.
13 (9)(7) "Traffic" means:
14 (a) To sell, transfer, distribute, dispense, or
15 otherwise dispose of property.
16 (b) To buy, receive, possess, obtain control of, or
17 use property with the intent to sell, transfer, distribute,
18 dispense, or otherwise dispose of such property.
19 (10)(9) "Value" means value determined according to
20 any of the following:
21 (a)1. Value means the market value of the property at
22 the time and place of the offense or, if such cannot be
23 satisfactorily ascertained, the cost of replacement of the
24 property within a reasonable time after the offense.
25 2. The value of a written instrument that does not
26 have a readily ascertainable market value, in the case of an
27 instrument such as a check, draft, or promissory note, is the
28 amount due or collectible or is, in the case of any other
29 instrument which creates, releases, discharges, or otherwise
30 affects any valuable legal right, privilege, or obligation,
31 the greatest amount of economic loss that the owner of the
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HB 531, First Engrossed
1 instrument might reasonably suffer by virtue of the loss of
2 the instrument.
3 3. The value of a trade secret that does not have a
4 readily ascertainable market value is any reasonable value
5 representing the damage to the owner, suffered by reason of
6 losing an advantage over those who do not know of or use the
7 trade secret.
8 (b) If the value of property cannot be ascertained,
9 the trier of fact may find the value to be not less than a
10 certain amount; if no such minimum value can be ascertained,
11 the value is an amount less than $100.
12 (c) Amounts of value of separate properties involved
13 in thefts committed pursuant to one scheme or course of
14 conduct, whether the thefts are from the same person or from
15 several persons, may be aggregated in determining the grade of
16 the offense.
17 Section 2. Paragraphs (a) and (b) of subsection (2) of
18 section 812.014, Florida Statutes, are amended to read:
19 812.014 Theft.--
20 (2)(a)1. If the property stolen is valued at $100,000
21 or more or
22 2. The property stolen is cargo valued at $50,000 or
23 more that has entered the stream of interstate or intrastate
24 commerce from the shipper's loading platform to the
25 consignee's receiving dock; or
26 3. 2. If the offender commits any grand theft and:
27 a. In the course of committing the offense the
28 offender uses a motor vehicle as an instrumentality, other
29 than merely as a getaway vehicle, to assist in committing the
30 offense and thereby damages the real property of another; or
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HB 531, First Engrossed
1 b. In the course of committing the offense the
2 offender causes damage to the real or personal property of
3 another in excess of $1,000,
4
5 the offender commits grand theft in the first degree,
6 punishable as a felony of the first degree, as provided in s.
7 775.082, s. 775.083, or s. 775.084.
8 (b)1. If the property stolen is valued at $20,000 or
9 more, but less than $100,000, or
10 2. The property stolen is cargo valued at less than
11 $50,000 that has entered the stream of interstate or
12 intrastate commerce from the shipper's loading platform to the
13 consignee's receiving dock, or
14 3. The property stolen is emergency medical equipment,
15 valued at $300 or more, that is taken from a facility licensed
16 under chapter 395 or from an aircraft or vehicle permitted
17 under chapter 401,
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19 the offender commits grand theft in the second degree,
20 punishable as a felony of the second degree, as provided in s.
21 775.082, s. 775.083, or s. 775.084. Emergency medical
22 equipment means mechanical or electronic apparatus used to
23 provide emergency services and care as defined in s.
24 395.002(10) or to treat medical emergencies.
25 Section 3. Paragraphs (d) and (h) of subsection (1)
26 and subsections (5) and (7) of section 812.015, Florida
27 Statutes, are amended, and subsections (8) and (9) are added
28 to said section, to read:
29 812.015 Retail and farm theft; transit fare evasion;
30 mandatory fine; alternative punishment; detention and arrest;
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HB 531, First Engrossed
1 exemption from liability for false arrest; resisting arrest;
2 penalties.--
3 (1) As used in this section:
4 (d) "Retail theft" means the taking possession of or
5 carrying away of merchandise, property, money, or negotiable
6 documents; altering or removing a label, universal product
7 code, or price tag; transferring merchandise from one
8 container to another; or removing a shopping cart, with intent
9 to deprive the merchant of possession, use, benefit, or full
10 retail value.
11 (h) "Antishoplifting or inventory control device"
12 means a mechanism or other device designed and operated for
13 the purpose of detecting the removal from a mercantile
14 establishment or similar enclosure, or from a protected area
15 within such an enclosure, of specially marked or tagged
16 merchandise. The term includes any electronic or digital
17 imaging or any video recording or other film used for security
18 purposes and the cash register tape or other record made of
19 the register receipt.
20 (5)(a) A merchant, merchant's employee, farmer, or a
21 transit agency's employee or agent who takes a person into
22 custody, as provided in subsection (3), or who causes an
23 arrest, as provided in subsection (4), of a person for retail
24 theft, farm theft, transit fare evasion, or trespass shall not
25 be criminally or civilly liable for false arrest or false
26 imprisonment when the merchant, merchant's employee, farmer,
27 or a transit agency's employee or agent has probable cause to
28 believe that the person committed retail theft, farm theft,
29 transit fare evasion, or trespass.
30 (b) If a merchant or merchant's employee takes a
31 person into custody as provided in this section, or acts as a
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1 witness with respect to any person taken into custody as
2 provided in this section, the merchant or merchant's employee
3 may provide his or her business address rather than home
4 address to any investigating law enforcement officer.
5 (7) It is unlawful to possess, or use or attempt to
6 use, any antishoplifting or inventory control device
7 countermeasure within any premises used for the retail
8 purchase or sale of any merchandise. Any person who possesses
9 any antishoplifting or inventory control device countermeasure
10 within any premises used for the retail purchase or sale of
11 any merchandise commits a felony misdemeanor of the third
12 first degree, punishable as provided in s. 775.082, or s.
13 775.083, or s. 775.084. Any person who uses or attempts to
14 use any antishoplifting or inventory control device
15 countermeasure within any premises used for the retail
16 purchase or sale of any merchandise commits a felony of the
17 third degree, punishable as provided in s. 775.082, s.
18 775.083, or s. 775.084.
19 (8) If a person commits retail theft, it is a felony
20 of the third degree, punishable as provided in s. 775.082, s.
21 775.083, or s. 775.084, if the property stolen is valued at
22 $300 or more and the person:
23 (a) Individually, or in concert with one or more other
24 persons, coordinates the activities of one or more individuals
25 in committing the offense, in which case the amount of each
26 individual theft shall be aggregated to determine the value of
27 the property stolen;
28 (b) Commits theft from more than one location within a
29 48-hour period, in which case the amount of each individual
30 theft shall be aggregated to determine the value of the
31 property stolen;
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1 (c) Acts in concert with one or more other individuals
2 within one or more establishments to distract the merchant,
3 merchant's employee, or law enforcement officer in order to
4 carry out the offense or acts in other ways to coordinate
5 efforts to carry out the offense; or
6 (d) Commits the offense through the purchase of
7 merchandise in a package or box that contains merchandise
8 other than, or in addition to, the merchandise purported to be
9 contained in the package or box.
10 (9) Any person who violates subsection (8), and who
11 has previously been convicted of a violation of subsection
12 (8), commits a felony of the second degree, punishable as
13 provided in s. 775.082, s. 775.083, or s. 775.084.
14 Section 4. Section 812.0155, Florida Statutes, is
15 created to read:
16 812.0155 Suspension of driver's license following an
17 adjudication of guilt for retail theft.--
18 (1) Except as provided in subsections (2) and (3), the
19 court may order the suspension of the driver's license of each
20 person adjudicated guilty of any misdemeanor violation of s.
21 812.014 or s. 812.015, regardless of the value of the property
22 stolen. The court shall order the suspension of the driver's
23 license of each person adjudicated guilty of any misdemeanor
24 violation of s. 812.014 or s. 812.015 who has previously been
25 convicted of such an offense. Upon ordering the suspension of
26 the driver's license of the person adjudicated guilty, the
27 court shall forward the driver's license of the person
28 adjudicated guilty to the Department of Highway Safety and
29 Motor Vehicles in accordance with s. 322.25.
30 (a) The first suspension of a driver's license under
31 this subsection shall be for a period of up to 6 months.
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HB 531, First Engrossed
1 (b) A second or subsequent suspension of a driver's
2 license under this subsection shall be for 1 year.
3 (2) The court may revoke, suspend, or withhold
4 issuance of a driver's license of a person less than 18 years
5 of age who violates s. 812.014 or s. 812.015 as an alternative
6 to sentencing the person to:
7 (a) Probation as defined in s. 985.03 or commitment to
8 the Department of Juvenile Justice, if the person is
9 adjudicated delinquent for such violation and has not
10 previously been convicted of or adjudicated delinquent for any
11 criminal offense, regardless of whether adjudication was
12 withheld.
13 (b) Probation as defined in s. 985.03, commitment to
14 the Department of Juvenile Justice, probation as defined in s.
15 948.01, community control, or incarceration, if the person is
16 convicted as an adult of such violation and has not previously
17 been convicted of or adjudicated delinquent for any criminal
18 offense, regardless of whether adjudication was withheld.
19 (3) As used in this subsection, the term "department"
20 means the Department of Highway Safety and Motor Vehicles. A
21 court that revokes, suspends, or withholds issuance of a
22 driver's license under subsection (2) shall:
23 (a) If the person is eligible by reason of age for a
24 driver's license or driving privilege, direct the department
25 to revoke or withhold issuance of the person's driver's
26 license or driving privilege for not less than 6 months and
27 not more than 1 year;
28 (b) If the person's driver's license is under
29 suspension or revocation for any reason, direct the department
30 to extend the period of suspension or revocation by not less
31 than 6 months and not more than 1 year; or
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1 (c) If the person is ineligible by reason of age for a
2 driver's license or driving privilege, direct the department
3 to withhold issuance of the person's driver's license or
4 driving privilege for not less than 6 months and not more than
5 1 year after the date on which the person would otherwise
6 become eligible.
7 (4) Subsections (2) and (3) do not preclude the court
8 from imposing any sanction specified or not specified in
9 subsection (2) or subsection (3).
10 Section 5. Section 812.017, Florida Statutes, is
11 created to read:
12 812.017 Use of a fraudulently obtained or false
13 receipt.--
14 (1) Any person who requests a refund of merchandise,
15 money, or any other thing of value through the use of a
16 fraudulently obtained receipt or false receipt commits a
17 misdemeanor of the second degree, punishable as provided in s.
18 775.082 or s. 775.083.
19 (2) Any person who obtains merchandise, money, or any
20 other thing of value through the use of a fraudulently
21 obtained receipt or false receipt commits a misdemeanor of the
22 first degree, punishable as provided in s. 775.082 or s.
23 775.083.
24 Section 6. Section 812.0195, Florida Statutes, is
25 created to read:
26 812.0195 Dealing in stolen property by use of the
27 Internet.--Any person in this state who uses the Internet to
28 sell or offer for sale any merchandise or other property that
29 the person knows, or has reasonable cause to believe, is
30 stolen commits:
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HB 531, First Engrossed
1 (1) A misdemeanor of the second degree, punishable as
2 provided in s. 775.082 or s. 775.083, if the value of the
3 property is less than $300; or
4 (2) A felony of the third degree, punishable as
5 provided in s. 775.082, s. 775.083, or s. 775.084, if the
6 value of the property is $300 or more.
7 Section 7. Section 817.625, Florida Statutes, is
8 created to read:
9 817.625 Use of scanning device or reencoder to
10 defraud; penalties.--
11 (1) As used in this section, the term:
12 (a) "Scanning device" means a scanner, reader, or any
13 other electronic device that is used to access, read, scan,
14 obtain, memorize, or store, temporarily or permanently,
15 information encoded on the magnetic strip or stripe of a
16 payment card.
17 (b) "Reencoder" means an electronic device that places
18 encoded information from the magnetic strip or stripe of a
19 payment card onto the magnetic strip or stripe of a different
20 payment card.
21 (c) "Payment card" means a credit card, charge card,
22 debit card, or any other card that is issued to an authorized
23 card user and that allows the user to obtain, purchase, or
24 receive goods, services, money, or anything else of value from
25 a merchant.
26 (d) "Merchant" means a person who receives from an
27 authorized user of a payment card, or someone the person
28 believes to be an authorized user, a payment card or
29 information from a payment card, or what the person believes
30 to be a payment card or information from a payment card, as
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HB 531, First Engrossed
1 the instrument for obtaining, purchasing, or receiving goods,
2 services, money, or anything else of value from the person.
3 (2)(a) It is a felony of the third degree, punishable
4 as provided in s. 775.082, s. 775.083, or s. 775.084, for a
5 person to use:
6 1. A scanning device to access, read, obtain,
7 memorize, or store, temporarily or permanently, information
8 encoded on the magnetic strip or stripe of a payment card
9 without the permission of the authorized user of the payment
10 card and with the intent to defraud the authorized user, the
11 issuer of the authorized user's payment card, or a merchant.
12 2. A reencoder to place information encoded on the
13 magnetic strip or stripe of a payment card onto the magnetic
14 strip or stripe of a different card without the permission of
15 the authorized user of the card from which the information is
16 being reencoded and with the intent to defraud the authorized
17 user, the issuer of the authorized user's payment card, or a
18 merchant.
19 (b) Any person who violates paragraph (a) a second or
20 subsequent time commits a felony of the second degree,
21 punishable as provided in s. 775.082, s. 775.083, or s.
22 775.084.
23 (c) Any person who violates paragraph (a) shall also
24 be subject to the provisions of ss. 932.701-932.707.
25 Section 8. Section 831.07, Florida Statutes, is
26 amended to read:
27 831.07 Forging bank bills, checks, drafts, or
28 promissory notes.--Whoever falsely makes, alters, forges, or
29 counterfeits a bank bill, check, draft, or promissory note
30 payable to the bearer thereof, or to the order of any person,
31 issued by an incorporated banking company established in this
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HB 531, First Engrossed
1 state, or within the United States, or any foreign province,
2 state, or government, with intent to injure any person,
3 commits shall be guilty of a felony of the third degree,
4 punishable as provided in s. 775.082, s. 775.083, or s.
5 775.084.
6 Section 9. Section 831.08, Florida Statutes, is
7 amended to read:
8 831.08 Possessing certain forged notes, or bills,
9 checks, or drafts.--Whoever has in his or her possession 10 or
10 more similar false, altered, forged, or counterfeit notes,
11 bills of credit, bank bills, checks, drafts, or notes, such as
12 are mentioned in any of the preceding sections of this
13 chapter, payable to the bearer thereof or to the order of any
14 person, knowing the same to be false, altered, forged, or
15 counterfeit, with intent to utter and pass the same as true,
16 and thereby to injure or defraud any person, commits shall be
17 guilty of a felony of the third degree, punishable as provided
18 in s. 775.082, s. 775.083, or s. 775.084.
19 Section 10. Section 831.09, Florida Statutes, is
20 amended to read:
21 831.09 Uttering forged bills, checks, drafts, or
22 notes.--Whoever utters or passes or tenders in payment as
23 true, any such false, altered, forged, or counterfeit note, or
24 any bank bill, check, draft, or promissory note, payable to
25 the bearer thereof or to the order of any person, issued as
26 aforesaid, knowing the same to be false, altered, forged or
27 counterfeit, with intent to injure or defraud any person,
28 commits shall be guilty of a felony of the third degree,
29 punishable as provided in s. 775.082, s. 775.083, or s.
30 775.084.
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HB 531, First Engrossed
1 Section 11. For the purposes of incorporating the
2 amendment to s. 831.09, Florida Statutes, section 831.10,
3 Florida Statutes, is reenacted to read:
4 831.10 Second conviction of uttering forged
5 bills.--Whoever, having been convicted of the offense
6 mentioned in s. 831.09 is again convicted of the like offense
7 committed after the former conviction, and whoever is at the
8 same term of the court convicted upon three distinct charges
9 of such offense, shall be deemed a common utterer of
10 counterfeit bills, and shall be punished as provided in s.
11 775.084.
12 Section 12. Section 831.11, Florida Statutes, is
13 amended to read:
14 831.11 Bringing into the state forged bank bills,
15 checks, drafts, or notes.--Whoever brings into this state or
16 has in his or her possession a false, forged, or counterfeit
17 bill, check, draft, or note in the similitude of the bills or
18 notes payable to the bearer thereof or to the order of any
19 person issued by or for any bank or banking company
20 established in this state, or within the United States, or any
21 foreign province, state or government, with intent to utter
22 and pass the same or to render the same current as true,
23 knowing the same to be false, forged, or counterfeit, commits
24 shall be guilty of a felony of the third degree, punishable as
25 provided in s. 775.082, s. 775.083, or s. 775.084.
26 Section 13. Section 831.12, Florida Statutes, is
27 amended to read:
28 831.12 Fraudulently connecting parts of genuine
29 instrument.--Whoever fraudulently connects together parts of
30 several banknotes, checks, drafts, or other genuine
31 instruments in such a manner as to produce one additional
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1 note, check, draft, or instrument, with intent to pass all of
2 them as genuine, commits shall be deemed guilty of forgery in
3 like manner as if each of them had been falsely made or
4 forged.
5 Section 14. Section 831.28, Florida Statutes, is
6 created to read:
7 831.28 Counterfeiting a payment instrument; possessing
8 a counterfeit payment instrument; penalties.--
9 (1) As used in this section, the term "counterfeit"
10 means the manufacture of or arrangement to manufacture a
11 payment instrument, as defined in s. 560.103, without the
12 permission of the financial institution, account holder, or
13 organization whose name, routing number, or account number
14 appears on the payment instrument, or the manufacture of any
15 payment instrument with a fictitious name, routing number, or
16 account number.
17 (2)(a) It is unlawful to counterfeit a payment
18 instrument with the intent to defraud a financial institution,
19 account holder, or any other person or organization or for a
20 person to have any counterfeit payment instrument in such
21 person's possession. Any person who violates this subsection
22 commits a felony of the third degree, punishable as provided
23 in s. 775.082, s. 775.083, or s. 775.084.
24 (b) The printing of a payment instrument in the name
25 of a person or entity or with the routing number or account
26 number of a person or entity without the permission of the
27 person or entity to manufacture or reproduce such payment
28 instrument with such name, routing number, or account number
29 is prima facie evidence of intent to defraud.
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1 (3) This section does not apply to a law enforcement
2 agency that produces or displays counterfeit payment
3 instruments for investigative or educational purposes.
4 Section 15. Subsection (10) is added to section
5 832.05, Florida Statutes, to read:
6 832.05 Giving worthless checks, drafts, and debit card
7 orders; penalty; duty of drawee; evidence; costs; complaint
8 form.--
9 (10) CONSTRUCTION; PAYEE OR HOLDER; INSUFFICIENT
10 FUNDS.--For purposes of construction of this section, a payee
11 or holder does not have knowledge, express notification, or
12 reason to believe that the maker or drawer has insufficient
13 funds to ensure payment of a check, draft, or debit card
14 solely because the maker or drawer has previously drawn or
15 issued a worthless check, draft, or debit card order to the
16 payee or holder.
17 Section 16. Paragraphs (b), (c), (d), (e), (f), and
18 (g) of subsection (3) of section 921.0022, Florida Statutes,
19 are amended to read:
20 921.0022 Criminal Punishment Code; offense severity
21 ranking chart.--
22 (3) OFFENSE SEVERITY RANKING CHART
23
24 Florida Felony
25 Statute Degree Description
26
27
28 (b) LEVEL 2
29
30
31
18
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 403.413(5)(c) 3rd Dumps waste litter exceeding 500
2 lbs. in weight or 100 cubic feet
3 in volume or any quantity for
4 commercial purposes, or hazardous
5 waste.
6 517.07 3rd Registration of securities and
7 furnishing of prospectus
8 required.
9 590.28(1) 3rd Willful, malicious, or
10 intentional burning.
11 784.05(3) 3rd Storing or leaving a loaded
12 firearm within reach of minor who
13 uses it to inflict injury or
14 death.
15 787.04(1) 3rd In violation of court order,
16 take, entice, etc., minor beyond
17 state limits.
18 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
19 or more to public communication
20 or any other public service.
21 810.09(2)(e) 3rd Trespassing on posted commerical
22 horticulture property.
23 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
24 more but less than $5,000.
25 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
26 more but less than $300, taken
27 from unenclosed curtilage of
28 dwelling.
29
30
31
19
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 812.015(7) 3rd Possession, use, or attempted use
2 of an antishoplifting or
3 inventory control device
4 countermeasure.
5 817.234(1)(a)2. 3rd False statement in support of
6 insurance claim.
7 817.481(3)(a) 3rd Obtain credit or purchase with
8 false, expired, counterfeit,
9 etc., credit card, value over
10 $300.
11 817.52(3) 3rd Failure to redeliver hired
12 vehicle.
13 817.54 3rd With intent to defraud, obtain
14 mortgage note, etc., by false
15 representation.
16 817.60(5) 3rd Dealing in credit cards of
17 another.
18 817.60(6)(a) 3rd Forgery; purchase goods, services
19 with false card.
20 817.61 3rd Fraudulent use of credit cards
21 over $100 or more within 6
22 months.
23 826.04 3rd Knowingly marries or has sexual
24 intercourse with person to whom
25 related.
26 831.01 3rd Forgery.
27 831.02 3rd Uttering forged instrument;
28 utters or publishes alteration
29 with intent to defraud.
30 831.07 3rd Forging bank bills, checks,
31 drafts, or promissory notes note.
20
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 831.08 3rd Possessing Possession of 10 or
2 more forged notes, bills, checks,
3 or drafts.
4 831.09 3rd Uttering forged notes, bills,
5 checks, drafts, or promissory
6 notes; passes as bank bill or
7 promissory note.
8 831.11 3rd Bringing into the state forged
9 bank bills, checks, drafts, or
10 notes.
11 832.05(3)(a) 3rd Cashing or depositing item with
12 intent to defraud.
13 843.08 3rd Falsely impersonating an officer.
14 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
15 (2)(c)1., (2)(c)2., (2)(c)3.,
16 (2)(c)5., (2)(c)6., (2)(c)7.,
17 (2)(c)8., (2)(c)9., (3), or (4)
18 drugs other than cannabis.
19 893.147(2) 3rd Manufacture or delivery of drug
20 paraphernalia.
21 (c) LEVEL 3
22 316.1935(2) 3rd Fleeing or attempting to elude
23 law enforcement officer in marked
24 patrol vehicle with siren and
25 lights activated.
26 319.30(4) 3rd Possession by junkyard of motor
27 vehicle with identification
28 number plate removed.
29 319.33(1)(a) 3rd Alter or forge any certificate of
30 title to a motor vehicle or
31 mobile home.
21
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 319.33(1)(c) 3rd Procure or pass title on stolen
2 vehicle.
3 319.33(4) 3rd With intent to defraud, possess,
4 sell, etc., a blank, forged, or
5 unlawfully obtained title or
6 registration.
7 328.05(2) 3rd Possess, sell, or counterfeit
8 fictitious, stolen, or fraudulent
9 titles or bills of sale of
10 vessels.
11 328.07(4) 3rd Manufacture, exchange, or possess
12 vessel with counterfeit or wrong
13 ID number.
14 376.302(5) 3rd Fraud related to reimbursement
15 for cleanup expenses under the
16 Inland Protection Trust Fund.
17 501.001(2)(b) 2nd Tampers with a consumer product
18 or the container using materially
19 false/misleading information.
20 697.08 3rd Equity skimming.
21 790.15(3) 3rd Person directs another to
22 discharge firearm from a vehicle.
23 796.05(1) 3rd Live on earnings of a prostitute.
24 806.10(1) 3rd Maliciously injure, destroy, or
25 interfere with vehicles or
26 equipment used in firefighting.
27 806.10(2) 3rd Interferes with or assaults
28 firefighter in performance of
29 duty.
30
31
22
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 810.09(2)(c) 3rd Trespass on property other than
2 structure or conveyance armed
3 with firearm or dangerous weapon.
4 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
5 less than $10,000.
6 815.04(4)(b) 2nd Computer offense devised to
7 defraud or obtain property.
8 817.034(4)(a)3. 3rd Engages in scheme to defraud
9 (Florida Communications Fraud
10 Act), property valued at less
11 than $20,000.
12 817.233 3rd Burning to defraud insurer.
13 828.12(2) 3rd Tortures any animal with intent
14 to inflict intense pain, serious
15 physical injury, or death.
16 831.28(2)(a) 3rd Counterfeiting a payment
17 instrument with intent to defraud
18 or possessing a counterfeit
19 payment instrument.
20 831.29 2nd Possession of instruments for
21 counterfeiting drivers' licenses
22 or identification cards.
23 838.021(3)(b) 3rd Threatens unlawful harm to public
24 servant.
25 843.19 3rd Injure, disable, or kill police
26 dog or horse.
27 870.01(2) 3rd Riot; inciting or encouraging.
28
29
30
31
23
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
2 cannabis (or other s.
3 893.03(1)(c), (2)(c)1., (2)(c)2.,
4 (2)(c)3., (2)(c)5., (2)(c)6.,
5 (2)(c)7., (2)(c)8., (2)(c)9.,
6 (3), or (4) drugs).
7 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.,
11 (3), or (4) drugs within 200 feet
12 of university or public park.
13 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
14 893.03(1)(c), (2)(c)1., (2)(c)2.,
15 (2)(c)3., (2)(c)5., (2)(c)6.,
16 (2)(c)7., (2)(c)8., (2)(c)9.,
17 (3), or (4) drugs within 200 feet
18 of public housing facility.
19 893.13(6)(a) 3rd Possession of any controlled
20 substance other than felony
21 possession of cannabis.
22 893.13(7)(a)9. 3rd Obtain or attempt to obtain
23 controlled substance by fraud,
24 forgery, misrepresentation, etc.
25 893.13(7)(a)11. 3rd Furnish false or fraudulent
26 material information on any
27 document or record required by
28 chapter 893.
29 918.13(1)(a) 3rd Alter, destroy, or conceal
30 investigation evidence.
31
24
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 944.47
2 (1)(a)1.-2. 3rd Introduce contraband to
3 correctional facility.
4 944.47(1)(c) 2nd Possess contraband while upon the
5 grounds of a correctional
6 institution.
7 985.3141 3rd Escapes from a juvenile facility
8 (secure detention or residential
9 commitment facility).
10 (d) LEVEL 4
11 316.1935(3) 2nd Driving at high speed or with
12 wanton disregard for safety while
13 fleeing or attempting to elude
14 law enforcement officer who is in
15 a marked patrol vehicle with
16 siren and lights activated.
17 784.07(2)(b) 3rd Battery of law enforcement
18 officer, firefighter, intake
19 officer, etc.
20 784.075 3rd Battery on detention or
21 commitment facility staff.
22 784.08(2)(c) 3rd Battery on a person 65 years of
23 age or older.
24 784.081(3) 3rd Battery on specified official or
25 employee.
26 784.082(3) 3rd Battery by detained person on
27 visitor or other detainee.
28 784.083(3) 3rd Battery on code inspector.
29 784.085 3rd Battery of child by throwing,
30 tossing, projecting, or expelling
31 certain fluids or materials.
25
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 787.03(1) 3rd Interference with custody;
2 wrongly takes child from
3 appointed guardian.
4 787.04(2) 3rd Take, entice, or remove child
5 beyond state limits with criminal
6 intent pending custody
7 proceedings.
8 787.04(3) 3rd Carrying child beyond state lines
9 with criminal intent to avoid
10 producing child at custody
11 hearing or delivering to
12 designated person.
13 790.115(1) 3rd Exhibiting firearm or weapon
14 within 1,000 feet of a school.
15 790.115(2)(b) 3rd Possessing electric weapon or
16 device, destructive device, or
17 other weapon on school property.
18 790.115(2)(c) 3rd Possessing firearm on school
19 property.
20 800.04(7)(d) 3rd Lewd or lascivious exhibition;
21 offender less than 18 years.
22 810.02(4)(a) 3rd Burglary, or attempted burglary,
23 of an unoccupied structure;
24 unarmed; no assault or battery.
25 810.02(4)(b) 3rd Burglary, or attempted burglary,
26 of an unoccupied conveyance;
27 unarmed; no assault or battery.
28 810.06 3rd Burglary; possession of tools.
29 810.08(2)(c) 3rd Trespass on property, armed with
30 firearm or dangerous weapon.
31
26
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
2 or more but less than $20,000.
3 812.014
4 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
5 firearm, motor vehicle,
6 livestock, etc.
7 812.0195(2) 3rd Dealing in stolen property by use
8 of the Internet; property stolen
9 $300 or more.
10 817.563(1) 3rd Sell or deliver substance other
11 than controlled substance agreed
12 upon, excluding s. 893.03(5)
13 drugs.
14 817.625(2)(a) 3rd Fraudulent use of scanning device
15 or reencoder.
16 828.125(1) 2nd Kill, maim, or cause great bodily
17 harm or permanent breeding
18 disability to any registered
19 horse or cattle.
20 837.02(1) 3rd Perjury in official proceedings.
21 837.021(1) 3rd Make contradictory statements in
22 official proceedings.
23 843.021 3rd Possession of a concealed
24 handcuff key by a person in
25 custody.
26 843.025 3rd Deprive law enforcement,
27 correctional, or correctional
28 probation officer of means of
29 protection or communication.
30
31
27
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 843.15(1)(a) 3rd Failure to appear while on bail
2 for felony (bond estreature or
3 bond jumping).
4 874.05(1) 3rd Encouraging or recruiting another
5 to join a criminal street gang.
6 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
7 893.03(1)(a), (b), or (d),
8 (2)(a), (2)(b), or (2)(c)4.
9 drugs).
10 914.14(2) 3rd Witnesses accepting bribes.
11 914.22(1) 3rd Force, threaten, etc., witness,
12 victim, or informant.
13 914.23(2) 3rd Retaliation against a witness,
14 victim, or informant, no bodily
15 injury.
16 918.12 3rd Tampering with jurors.
17 (e) LEVEL 5
18 316.027(1)(a) 3rd Accidents involving personal
19 injuries, failure to stop;
20 leaving scene.
21 316.1935(4) 2nd Aggravated fleeing or eluding.
22 322.34(6) 3rd Careless operation of motor
23 vehicle with suspended license,
24 resulting in death or serious
25 bodily injury.
26 327.30(5) 3rd Vessel accidents involving
27 personal injury; leaving scene.
28 381.0041(11)(b) 3rd Donate blood, plasma, or organs
29 knowing HIV positive.
30 790.01(2) 3rd Carrying a concealed firearm.
31
28
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 790.162 2nd Threat to throw or discharge
2 destructive device.
3 790.163 2nd False report of deadly explosive.
4 790.165(2) 3rd Manufacture, sell, possess, or
5 deliver hoax bomb.
6 790.221(1) 2nd Possession of short-barreled
7 shotgun or machine gun.
8 790.23 2nd Felons in possession of firearms
9 or electronic weapons or devices.
10 800.04(6)(c) 3rd Lewd or lascivious conduct;
11 offender less than 18 years.
12 800.04(7)(c) 2nd Lewd or lascivious exhibition;
13 offender 18 years or older.
14 806.111(1) 3rd Possess, manufacture, or dispense
15 fire bomb with intent to damage
16 any structure or property.
17 812.015(8) 3rd Retail theft; property stolen is
18 valued at $300 or more other
19 specified acts.
20 812.019(1) 2nd Stolen property; dealing in or
21 trafficking in.
22 812.131(2)(b) 3rd Robbery by sudden snatching.
23 812.16(2) 3rd Owning, operating, or conducting
24 a chop shop.
25 817.034(4)(a)2. 2nd Communications fraud, value
26 $20,000 to $50,000.
27 817.625(2)(b) 2nd Second or subsequent fraudulent
28 use of scanning device or
29 reencoder.
30
31
29
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 825.1025(4) 3rd Lewd or lascivious exhibition in
2 the presence of an elderly person
3 or disabled adult.
4 827.071(4) 2nd Possess with intent to promote
5 any photographic material, motion
6 picture, etc., which includes
7 sexual conduct by a child.
8 843.01 3rd Resist officer with violence to
9 person; resist arrest with
10 violence.
11 874.05(2) 2nd Encouraging or recruiting another
12 to join a criminal street gang;
13 second or subsequent offense.
14 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
15 cocaine (or other s.
16 893.03(1)(a), (1)(b), (1)(d),
17 (2)(a), (2)(b), or (2)(c)4.
18 drugs).
19 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
20 cannabis (or other s.
21 893.03(1)(c), (2)(c)1., (2)(c)2.,
22 (2)(c)3., (2)(c)5., (2)(c)6.,
23 (2)(c)7., (2)(c)8., (2)(c)9.,
24 (3), or (4) drugs) within 1,000
25 feet of a child care facility or
26 school.
27
28
29
30
31
30
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 893.13(1)(d)1. 1st Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d),
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs) within 200 feet of
6 university or public park.
7 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
8 cannabis or other drug prohibited
9 under s. 893.03(1)(c), (2)(c)1.,
10 (2)(c)2., (2)(c)3., (2)(c)5.,
11 (2)(c)6., (2)(c)7., (2)(c)8.,
12 (2)(c)9., (3), or (4) within
13 1,000 feet of property used for
14 religious services or a specified
15 business site.
16 893.13(1)(f)1. 1st Sell, manufacture, or deliver
17 cocaine (or other s.
18 893.03(1)(a), (1)(b), (1)(d), or
19 (2)(a), (2)(b), or (2)(c)4.
20 drugs) within 200 feet of public
21 housing facility.
22 893.13(4)(b) 2nd Deliver to minor cannabis (or
23 other s. 893.03(1)(c), (2)(c)1.,
24 (2)(c)2., (2)(c)3., (2)(c)5.,
25 (2)(c)6., (2)(c)7., (2)(c)8.,
26 (2)(c)9., (3), or (4) drugs).
27 (f) LEVEL 6
28 316.027(1)(b) 2nd Accident involving death, failure
29 to stop; leaving scene.
30 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
31 conviction.
31
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 775.0875(1) 3rd Taking firearm from law
2 enforcement officer.
3 775.21(10) 3rd Sexual predators; failure to
4 register; failure to renew
5 driver's license or
6 identification card.
7 784.021(1)(a) 3rd Aggravated assault; deadly weapon
8 without intent to kill.
9 784.021(1)(b) 3rd Aggravated assault; intent to
10 commit felony.
11 784.041 3rd Felony battery.
12 784.048(3) 3rd Aggravated stalking; credible
13 threat.
14 784.048(5) 3rd Aggravated stalking of person
15 under 16.
16 784.07(2)(c) 2nd Aggravated assault on law
17 enforcement officer.
18 784.08(2)(b) 2nd Aggravated assault on a person 65
19 years of age or older.
20 784.081(2) 2nd Aggravated assault on specified
21 official or employee.
22 784.082(2) 2nd Aggravated assault by detained
23 person on visitor or other
24 detainee.
25 784.083(2) 2nd Aggravated assault on code
26 inspector.
27 787.02(2) 3rd False imprisonment; restraining
28 with purpose other than those in
29 s. 787.01.
30 790.115(2)(d) 2nd Discharging firearm or weapon on
31 school property.
32
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 790.161(2) 2nd Make, possess, or throw
2 destructive device with intent to
3 do bodily harm or damage
4 property.
5 790.164(1) 2nd False report of deadly explosive
6 or act of arson or violence to
7 state property.
8 790.19 2nd Shooting or throwing deadly
9 missiles into dwellings, vessels,
10 or vehicles.
11 794.011(8)(a) 3rd Solicitation of minor to
12 participate in sexual activity by
13 custodial adult.
14 794.05(1) 2nd Unlawful sexual activity with
15 specified minor.
16 800.04(5)(d) 3rd Lewd or lascivious molestation;
17 victim 12 years of age or older
18 but less than 16 years; offender
19 less than 18 years.
20 800.04(6)(b) 2nd Lewd or lascivious conduct;
21 offender 18 years of age or
22 older.
23 806.031(2) 2nd Arson resulting in great bodily
24 harm to firefighter or any other
25 person.
26 810.02(3)(c) 2nd Burglary of occupied structure;
27 unarmed; no assault or battery.
28 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
29 but less than $100,000, grand
30 theft in 2nd degree.
31
33
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 812.014(2)(b)2. 2nd Property stolen cargo valued at
2 less than $50,000, grand theft in
3 2nd degree.
4 812.015(9) 2nd Retail theft; property stolen
5 $300 or more; second or
6 subsequent conviction.
7 812.13(2)(c) 2nd Robbery, no firearm or other
8 weapon (strong-arm robbery).
9 817.034(4)(a)1. 1st Communications fraud, value
10 greater than $50,000.
11 817.4821(5) 2nd Possess cloning paraphernalia
12 with intent to create cloned
13 cellular telephones.
14 825.102(1) 3rd Abuse of an elderly person or
15 disabled adult.
16 825.102(3)(c) 3rd Neglect of an elderly person or
17 disabled adult.
18 825.1025(3) 3rd Lewd or lascivious molestation of
19 an elderly person or disabled
20 adult.
21 825.103(2)(c) 3rd Exploiting an elderly person or
22 disabled adult and property is
23 valued at less than $20,000.
24 827.03(1) 3rd Abuse of a child.
25 827.03(3)(c) 3rd Neglect of a child.
26 827.071(2)&(3) 2nd Use or induce a child in a sexual
27 performance, or promote or direct
28 such performance.
29 836.05 2nd Threats; extortion.
30 836.10 2nd Written threats to kill or do
31 bodily injury.
34
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 843.12 3rd Aids or assists person to escape.
2 847.0135(3) 3rd Solicitation of a child, via a
3 computer service, to commit an
4 unlawful sex act.
5 914.23 2nd Retaliation against a witness,
6 victim, or informant, with bodily
7 injury.
8 943.0435(9) 3rd Sex offenders; failure to comply
9 with reporting requirements.
10 944.35(3)(a)2. 3rd Committing malicious battery upon
11 or inflicting cruel or inhuman
12 treatment on an inmate or
13 offender on community
14 supervision, resulting in great
15 bodily harm.
16 944.40 2nd Escapes.
17 944.46 3rd Harboring, concealing, aiding
18 escaped prisoners.
19 944.47(1)(a)5. 2nd Introduction of contraband
20 (firearm, weapon, or explosive)
21 into correctional facility.
22 951.22(1) 3rd Intoxicating drug, firearm, or
23 weapon introduced into county
24 facility.
25 (g) LEVEL 7
26 316.193(3)(c)2. 3rd DUI resulting in serious bodily
27 injury.
28 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
29 bodily injury.
30
31
35
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 402.319(2) 2nd Misrepresentation and negligence
2 or intentional act resulting in
3 great bodily harm, permanent
4 disfiguration, permanent
5 disability, or death.
6 409.920(2) 3rd Medicaid provider fraud.
7 456.065(2) 3rd Practicing a health care
8 profession without a license.
9 456.065(2) 2nd Practicing a health care
10 profession without a license
11 which results in serious bodily
12 injury.
13 458.327(1) 3rd Practicing medicine without a
14 license.
15 459.013(1) 3rd Practicing osteopathic medicine
16 without a license.
17 460.411(1) 3rd Practicing chiropractic medicine
18 without a license.
19 461.012(1) 3rd Practicing podiatric medicine
20 without a license.
21 462.17 3rd Practicing naturopathy without a
22 license.
23 463.015(1) 3rd Practicing optometry without a
24 license.
25 464.016(1) 3rd Practicing nursing without a
26 license.
27 465.015(2) 3rd Practicing pharmacy without a
28 license.
29 466.026(1) 3rd Practicing dentistry or dental
30 hygiene without a license.
31
36
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 467.201 3rd Practicing midwifery without a
2 license.
3 468.366 3rd Delivering respiratory care
4 services without a license.
5 483.828(1) 3rd Practicing as clinical laboratory
6 personnel without a license.
7 483.901(9) 3rd Practicing medical physics
8 without a license.
9 484.053 3rd Dispensing hearing aids without a
10 license.
11 494.0018(2) 1st Conviction of any violation of
12 ss. 494.001-494.0077 in which the
13 total money and property
14 unlawfully obtained exceeded
15 $50,000 and there were five or
16 more victims.
17 560.123(8)(b)1. 3rd Failure to report currency or
18 payment instruments exceeding
19 $300 but less than $20,000 by
20 money transmitter.
21 560.125(5)(a) 3rd Money transmitter business by
22 unauthorized person, currency or
23 payment instruments exceeding
24 $300 but less than $20,000.
25 655.50(10)(b)1. 3rd Failure to report financial
26 transactions exceeding $300 but
27 less than $20,000 by financial
28 institution.
29
30
31
37
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 782.051(3) 2nd Attempted felony murder of a
2 person by a person other than the
3 perpetrator or the perpetrator of
4 an attempted felony.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071 2nd Killing of human being or viable
10 fetus by the operation of a motor
11 vehicle in a reckless manner
12 (vehicular homicide).
13 782.072 2nd Killing of a human being by the
14 operation of a vessel in a
15 reckless manner (vessel
16 homicide).
17 784.045(1)(a)1. 2nd Aggravated battery; intentionally
18 causing great bodily harm or
19 disfigurement.
20 784.045(1)(a)2. 2nd Aggravated battery; using deadly
21 weapon.
22 784.045(1)(b) 2nd Aggravated battery; perpetrator
23 aware victim pregnant.
24 784.048(4) 3rd Aggravated stalking; violation of
25 injunction or court order.
26 784.07(2)(d) 1st Aggravated battery on law
27 enforcement officer.
28 784.08(2)(a) 1st Aggravated battery on a person 65
29 years of age or older.
30 784.081(1) 1st Aggravated battery on specified
31 official or employee.
38
CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 784.082(1) 1st Aggravated battery by detained
2 person on visitor or other
3 detainee.
4 784.083(1) 1st Aggravated battery on code
5 inspector.
6 790.07(4) 1st Specified weapons violation
7 subsequent to previous conviction
8 of s. 790.07(1) or (2).
9 790.16(1) 1st Discharge of a machine gun under
10 specified circumstances.
11 790.166(3) 2nd Possessing, selling, using, or
12 attempting to use a hoax weapon
13 of mass destruction.
14 796.03 2nd Procuring any person under 16
15 years for prostitution.
16 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
17 victim less than 12 years of age;
18 offender less than 18 years.
19 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
20 victim 12 years of age or older
21 but less than 16 years; offender
22 18 years or older.
23 806.01(2) 2nd Maliciously damage structure by
24 fire or explosive.
25 810.02(3)(a) 2nd Burglary of occupied dwelling;
26 unarmed; no assault or battery.
27 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
28 unarmed; no assault or battery.
29 810.02(3)(d) 2nd Burglary of occupied conveyance;
30 unarmed; no assault or battery.
31
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CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 812.014(2)(a) 1st Property stolen, valued at
2 $100,000 or more; cargo stolen
3 valued at $50,000, or more;
4 property stolen while causing
5 other property damage; 1st degree
6 grand theft
7 812.014(2)(b)3. 2nd Property stolen, emergency
8 medical equipment; 2nd degree
9 grand theft.
10 812.019(2) 1st Stolen property; initiates,
11 organizes, plans, etc., the theft
12 of property and traffics in
13 stolen property.
14 812.131(2)(a) 2nd Robbery by sudden snatching.
15 812.133(2)(b) 1st Carjacking; no firearm, deadly
16 weapon, or other weapon.
17 825.102(3)(b) 2nd Neglecting an elderly person or
18 disabled adult causing great
19 bodily harm, disability, or
20 disfigurement.
21 825.1025(2) 2nd Lewd or lascivious battery upon
22 an elderly person or disabled
23 adult.
24 825.103(2)(b) 2nd Exploiting an elderly person or
25 disabled adult and property is
26 valued at $20,000 or more, but
27 less than $100,000.
28 827.03(3)(b) 2nd Neglect of a child causing great
29 bodily harm, disability, or
30 disfigurement.
31
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CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
1 827.04(3) 3rd Impregnation of a child under 16
2 years of age by person 21 years
3 of age or older.
4 837.05(2) 3rd Giving false information about
5 alleged capital felony to a law
6 enforcement officer.
7 872.06 2nd Abuse of a dead human body.
8 893.13(1)(c)1. 1st Sell, manufacture, or deliver
9 cocaine (or other drug prohibited
10 under s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4.) within 1,000 feet of a
13 child care facility or school.
14 893.13(1)(e)1. 1st Sell, manufacture, or deliver
15 cocaine or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4., within 1,000 feet of
19 property used for religious
20 services or a specified business
21 site.
22 893.13(4)(a) 1st Deliver to minor cocaine (or
23 other s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4. drugs).
26 893.135(1)(a)1. 1st Trafficking in cannabis, more
27 than 50 lbs., less than 2,000
28 lbs.
29 893.135
30 (1)(b)1.a. 1st Trafficking in cocaine, more than
31 28 grams, less than 200 grams.
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CODING: Words stricken are deletions; words underlined are additions.
HB 531, First Engrossed
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.
15 893.135
16 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
17 grams or more, less than 14
18 grams.
19 893.135
20 (1)(h)1.a. 1st Trafficking in
21 gamma-hydroxybutyric acid (GHB),
22 1 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
26 kilogram or more, less then 5
27 kilograms.
28 893.135
29 (1)(j)2.a. 1st Trafficking in Phenethylamines,
30 10 grams or more, less than 200
31 grams.
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HB 531, First Engrossed
1 896.101(5)(a) 3rd Money laundering, financial
2 transactions exceeding $300 but
3 less than $20,000.
4 896.104(4)(a)1. 3rd Structuring transactions to evade
5 reporting or registration
6 requirements, financial
7 transactions exceeding $300 but
8 less than $20,000.
9 Section 17. Local task force on retail crime.--The
10 Legislature encourages local law enforcement agencies to
11 establish a task force on retail crime. The task force should
12 act as an advisory body to study the problem of retail crime
13 and develop recommendations for handling retail crime and
14 theft in an expeditious and uniform manner. The task force
15 should submit its recommendations to the sheriff or chief
16 officer of the local law enforcement agency, the state
17 attorney, and the chief judge of the judicial circuit. The
18 sheriff or chief officer of the local law enforcement agency
19 should appoint the members of the task force. A majority of
20 the membership of the task force should consist of persons
21 actively engaged in a retail business or employees of persons
22 actively engaged in a retail business. The task force should
23 terminate existence upon completing its assignment.
24 Section 18. If any provision of this act or the
25 applications thereof to any person or circumstance is held
26 invalid, the invalidity does not affect other provisions or
27 applications of the act which can be given effect without the
28 invalid provision or application, and to this end the
29 provisions of this act are declared severable.
30 Section 19. This act shall take effect July 1, 2001.
31
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