House Bill hb0071Ee1

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                                          HB 71-E, First Engrossed



  1                      A bill to be entitled

  2         An act relating to falsification of records;

  3         amending ss. 839.13, 921.0022, F.S.;

  4         prescribing penalties for falsifying records of

  5         an individual in the care and custody of a

  6         state agency; specifying unlawful acts relating

  7         to records of the Department of Children and

  8         Family Services; providing for construction of

  9         the act in pari materia with laws enacted at

10         the 2001 Regular Session; providing an

11         effective date.

12

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

14

15         Section 1.  Section 839.13, Florida Statutes, is

16  amended to read:

17         839.13  Falsifying records.--

18         (1)  Except as provided in subsection (2), If any

19  judge, justice, mayor, alderman, clerk, sheriff, coroner, or

20  other public officer, employee or agent of or contractor with

21  a public agency, or any person whatsoever, shall steal,

22  embezzle, alter, corruptly withdraw, falsify or avoid any

23  record, process, charter, gift, grant, conveyance, or

24  contract, or any paper filed in any judicial proceeding in any

25  court of this state, or shall knowingly and willfully take

26  off, discharge or conceal any issue, forfeited recognizance,

27  or other forfeiture, or other paper above mentioned, or shall

28  forge, deface, or falsify any document or instrument recorded,

29  or filed in any court, or any registry, acknowledgment, or

30  certificate, or shall fraudulently alter, deface, or falsify

31  any minutes, documents, books, or any proceedings whatever of


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                                          HB 71-E, First Engrossed



  1  or belonging to any public office within this state; or if any

  2  person shall cause or procure any of the offenses aforesaid to

  3  be committed, or be in anywise concerned therein, the person

  4  so offending shall be guilty of a misdemeanor of the first

  5  degree, punishable as provided in s. 775.082 or s. 775.083.

  6         (2)(a)  Any person who knowingly falsifies, alters,

  7  destroys, defaces, overwrites, removes, or discards an

  8  official record relating to an individual in the care and

  9  custody of a state agency, which act has the potential to

10  detrimentally affect the health, safety, or welfare of that

11  individual, commits a felony of the third degree, punishable

12  as provided in s. 775.082, s. 775.083, or s. 775.084.

13         (b)  Any person who commits a violation of subsection

14  (2)(a) which contributes to great bodily harm to or the death

15  of an individual in the care and custody of a state agency,

16  commits a felony of the second degree, punishable as provided

17  in s. 775.082, s. 775.083, or s. 775.084.

18         (c)  Any person who knowingly falsifies, alters,

19  destroys, defaces, overwrites, removes, or discards records of

20  the Department of Children and Family Services or its contract

21  provider with the intent to conceal a fact material to a child

22  abuse investigation, protective supervision, foster care and

23  related services, or investigations of abuse of an elderly

24  person or disabled adult, as defined in chapters 39, 409, or

25  415, Florida Statutes, commits a felony of the third degree,

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

27  775.084.

28         (d)  This section does not prohibit the disposing or

29  archiving of records as otherwise provided by law. In

30  addition, this section does not prohibit any person from

31  correcting or updating records.


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                                          HB 71-E, First Engrossed



  1         (3)(2)  In any prosecution under this section, it shall

  2  not be necessary to prove the ownership or value of any paper

  3  or instrument involved.

  4         Section 2.  Paragraph (d) and (e) of subsection (3) of

  5  section 921.0022, Florida Statutes, as amended by section 2 of

  6  chapter 2001-358, Laws of Florida, is amended to read:

  7         921.0022  Criminal Punishment Code; offense severity

  8  ranking chart.--

  9         (3)  OFFENSE SEVERITY RANKING CHART

10

11  Florida           Felony

12  Statute           Degree             Description

13

14

15                              (d)  LEVEL 4

16  316.1935(3)        2nd      Driving at high speed or with

17                              wanton disregard for safety while

18                              fleeing or attempting to elude

19                              law enforcement officer who is in

20                              a marked patrol vehicle with

21                              siren and lights activated.

22  784.07(2)(b)       3rd      Battery of law enforcement

23                              officer, firefighter, intake

24                              officer, etc.

25  784.074(1)(c)      3rd      Battery of sexually violent

26                              predators facility staff.

27  784.075            3rd      Battery on detention or

28                              commitment facility staff.

29  784.078            3rd      Battery of facility employee by

30                              throwing, tossing, or expelling

31                              certain fluids or materials.


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                                          HB 71-E, First Engrossed



  1  784.08(2)(c)       3rd      Battery on a person 65 years of

  2                              age or older.

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

  4                              employee.

  5  784.082(3)         3rd      Battery by detained person on

  6                              visitor or other detainee.

  7  784.083(3)         3rd      Battery on code inspector.

  8  784.085            3rd      Battery of child by throwing,

  9                              tossing, projecting, or expelling

10                              certain fluids or materials.

11  787.03(1)          3rd      Interference with custody;

12                              wrongly takes child from

13                              appointed guardian.

14  787.04(2)          3rd      Take, entice, or remove child

15                              beyond state limits with criminal

16                              intent pending custody

17                              proceedings.

18  787.04(3)          3rd      Carrying child beyond state lines

19                              with criminal intent to avoid

20                              producing child at custody

21                              hearing or delivering to

22                              designated person.

23  790.115(1)         3rd      Exhibiting firearm or weapon

24                              within 1,000 feet of a school.

25  790.115(2)(b)      3rd      Possessing electric weapon or

26                              device, destructive device, or

27                              other weapon on school property.

28  790.115(2)(c)      3rd      Possessing firearm on school

29                              property.

30  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

31                              offender less than 18 years.


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                                          HB 71-E, First Engrossed



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

  2                              of an unoccupied structure;

  3                              unarmed; no assault or battery.

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

  5                              of an unoccupied conveyance;

  6                              unarmed; no assault or battery.

  7  810.06             3rd      Burglary; possession of tools.

  8  810.08(2)(c)       3rd      Trespass on property, armed with

  9                              firearm or dangerous weapon.

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

11                              or more but less than $20,000.

12  812.014

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

14                              firearm, motor vehicle,

15                              livestock, etc.

16  812.0195(2)        3rd      Dealing in stolen property by use

17                              of the Internet; property stolen

18                              $300 or more.

19  817.563(1)         3rd      Sell or deliver substance other

20                              than controlled substance agreed

21                              upon, excluding s. 893.03(5)

22                              drugs.

23  817.568(2)(a)      3rd      Fraudulent use of personal

24                              identification information.

25  817.625(2)(a)      3rd      Fraudulent use of scanning device

26                              or reencoder.

27  828.125(1)         2nd      Kill, maim, or cause great bodily

28                              harm or permanent breeding

29                              disability to any registered

30                              horse or cattle.

31  837.02(1)          3rd      Perjury in official proceedings.


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                                          HB 71-E, First Engrossed



  1  837.021(1)         3rd      Make contradictory statements in

  2                              official proceedings.

  3  839.13(2)(c)       3rd      Falsify records of the Department

  4                              of Children and Family Services.

  5  843.021            3rd      Possession of a concealed

  6                              handcuff key by a person in

  7                              custody.

  8  843.025            3rd      Deprive law enforcement,

  9                              correctional, or correctional

10                              probation officer of means of

11                              protection or communication.

12  843.15(1)(a)       3rd      Failure to appear while on bail

13                              for felony (bond estreature or

14                              bond jumping).

15  874.05(1)          3rd      Encouraging or recruiting another

16                              to join a criminal street gang.

17  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

18                              893.03(1)(a), (b), or (d),

19                              (2)(a), (2)(b), or (2)(c)4.

20                              drugs).

21  914.14(2)          3rd      Witnesses accepting bribes.

22  914.22(1)          3rd      Force, threaten, etc., witness,

23                              victim, or informant.

24  914.23(2)          3rd      Retaliation against a witness,

25                              victim, or informant, no bodily

26                              injury.

27  918.12             3rd      Tampering with jurors.

28  934.215            3rd      Use of two-way communications

29                              device to facilitate commission

30                              of a crime.

31                              (e)  LEVEL 5


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                                          HB 71-E, First Engrossed



  1  316.027(1)(a)      3rd      Accidents involving personal

  2                              injuries, failure to stop;

  3                              leaving scene.

  4  316.1935(4)        2nd      Aggravated fleeing or eluding.

  5  322.34(6)          3rd      Careless operation of motor

  6                              vehicle with suspended license,

  7                              resulting in death or serious

  8                              bodily injury.

  9  327.30(5)          3rd      Vessel accidents involving

10                              personal injury; leaving scene.

11  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

12                              knowing HIV positive.

13  790.01(2)          3rd      Carrying a concealed firearm.

14  790.162            2nd      Threat to throw or discharge

15                              destructive device.

16  790.163            2nd      False report of deadly explosive.

17  790.165(2)         3rd      Manufacture, sell, possess, or

18                              deliver hoax bomb.

19  790.221(1)         2nd      Possession of short-barreled

20                              shotgun or machine gun.

21  790.23             2nd      Felons in possession of firearms

22                              or electronic weapons or devices.

23  800.04(6)(c)       3rd      Lewd or lascivious conduct;

24                              offender less than 18 years.

25  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

26                              offender 18 years or older.

27  806.111(1)         3rd      Possess, manufacture, or dispense

28                              fire bomb with intent to damage

29                              any structure or property.

30

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                                          HB 71-E, First Engrossed



  1  812.015(8)         3rd      Retail theft; property stolen is

  2                              valued at $300 or more and one or

  3                              more specified acts.

  4  812.019(1)         2nd      Stolen property; dealing in or

  5                              trafficking in.

  6  812.131(2)(b)      3rd      Robbery by sudden snatching.

  7  812.16(2)          3rd      Owning, operating, or conducting

  8                              a chop shop.

  9  817.034(4)(a)2.    2nd      Communications fraud, value

10                              $20,000 to $50,000.

11  817.234(11)(b)     2nd      Insurance fraud; property value

12                              $20,000 or more but less than

13                              $100,000.

14  817.568(2)(b)      2nd      Fraudulent use of personal

15                              identification information; value

16                              of benefit, services received,

17                              payment avoided, or amount of

18                              injury or fraud, $75,000 or more.

19  817.625(2)(b)      2nd      Second or subsequent fraudulent

20                              use of scanning device or

21                              reencoder.

22  825.1025(4)        3rd      Lewd or lascivious exhibition in

23                              the presence of an elderly person

24                              or disabled adult.

25  827.071(4)         2nd      Possess with intent to promote

26                              any photographic material, motion

27                              picture, etc., which includes

28                              sexual conduct by a child.

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                                          HB 71-E, First Engrossed



  1  839.13(2)(b)       2nd      Falsifying records of an

  2                              individual in the care and

  3                              custody of a state agency

  4                              involving great bodily harm or

  5                              death.

  6  843.01             3rd      Resist officer with violence to

  7                              person; resist arrest with

  8                              violence.

  9  874.05(2)          2nd      Encouraging or recruiting another

10                              to join a criminal street gang;

11                              second or subsequent offense.

12  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

13                              cocaine (or other s.

14                              893.03(1)(a), (1)(b), (1)(d),

15                              (2)(a), (2)(b), or (2)(c)4.

16                              drugs).

17  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

18                              cannabis (or other s.

19                              893.03(1)(c), (2)(c)1., (2)(c)2.,

20                              (2)(c)3., (2)(c)5., (2)(c)6.,

21                              (2)(c)7., (2)(c)8., (2)(c)9.,

22                              (3), or (4) drugs) within 1,000

23                              feet of a child care facility or

24                              school.

25  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

26                              cocaine (or other s.

27                              893.03(1)(a), (1)(b), (1)(d),

28                              (2)(a), (2)(b), or (2)(c)4.

29                              drugs) within 200 feet of

30                              university or public park.

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                                          HB 71-E, First Engrossed



  1  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

  2                              cannabis or other drug prohibited

  3                              under s. 893.03(1)(c), (2)(c)1.,

  4                              (2)(c)2., (2)(c)3., (2)(c)5.,

  5                              (2)(c)6., (2)(c)7., (2)(c)8.,

  6                              (2)(c)9., (3), or (4) within

  7                              1,000 feet of property used for

  8                              religious services or a specified

  9                              business site.

10  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

11                              cocaine (or other s.

12                              893.03(1)(a), (1)(b), (1)(d), or

13                              (2)(a), (2)(b), or (2)(c)4.

14                              drugs) within 200 feet of public

15                              housing facility.

16  893.13(4)(b)       2nd      Deliver to minor cannabis (or

17                              other s. 893.03(1)(c), (2)(c)1.,

18                              (2)(c)2., (2)(c)3., (2)(c)5.,

19                              (2)(c)6., (2)(c)7., (2)(c)8.,

20                              (2)(c)9., (3), or (4) drugs).

21         Section 3.  If any law that is amended by this act was

22  also amended by a law enacted at the 2002 Regular Session of

23  the Legislature, such laws shall be construed as if they had

24  been enacted at the same session of the Legislature, and full

25  effect should be given to each if that is possible.

26         Section 4.  This act shall take effect upon becoming a

27  law.

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