Senate Bill sb0076E
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Florida Senate - 2002 SB 76-E
By Senator Villalobos
37-2407A-02
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; providing for construction of the
7 act in pari materia with laws enacted at the
8 2001 Regular Session; providing an effective
9 date.
10
11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Section 839.13, Florida Statutes, is
14 amended to read:
15 839.13 Falsifying records.--
16 (1) If any judge, justice, mayor, alderman, clerk,
17 sheriff, coroner, or other public officer, or any person
18 whatsoever, shall steal, embezzle, alter, corruptly withdraw,
19 falsify or avoid any record, process, charter, gift, grant,
20 conveyance, or contract, or any paper filed in any judicial
21 proceeding in any court of this state, or shall knowingly and
22 willfully take off, discharge or conceal any issue, forfeited
23 recognizance, or other forfeiture, or other paper above
24 mentioned, or shall forge, deface, or falsify any document or
25 instrument recorded, or filed in any court, or any registry,
26 acknowledgment, or certificate, or shall fraudulently alter,
27 deface, or falsify any minutes, documents, books, or any
28 proceedings whatever of or belonging to any public office
29 within this state; or if any person shall cause or procure any
30 of the offenses aforesaid to be committed, or be in anywise
31 concerned therein, the person so offending shall be guilty of
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Florida Senate - 2002 SB 76-E
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1 a misdemeanor of the first degree, punishable as provided in
2 s. 775.082 or s. 775.083.
3 (2)(a) Any person who commits a violation of
4 subsection (1) which involves an official record relating to
5 an individual in the care and custody of a state agency which
6 record, if falsified, has the potential to detrimentally
7 affect the health, safety, or welfare of that individual
8 commits a felony of the third degree, punishable as provided
9 in s. 775.082, s. 775.083, or s. 775.084.
10 (b) Any person who commits a violation of subsection
11 (1) which involves an official record relating to an
12 individual in the care and custody of a state agency who
13 suffers great bodily harm or dies while in such care and
14 custody which record, if falsified, has the potential to
15 detrimentally affect the health, safety, or welfare of that
16 individual commits a felony of the third degree, punishable as
17 provided in s. 775.082, s. 775.083, or s. 775.084.
18 (3)(2) In any prosecution under this section, it shall
19 not be necessary to prove the ownership or value of any paper
20 or instrument involved.
21 Section 2. Paragraph (d) of subsection (3) of section
22 921.0022, Florida Statutes, as amended by section 2 of chapter
23 2001-358, Laws of Florida, is amended to read:
24 921.0022 Criminal Punishment Code; offense severity
25 ranking chart.--
26 (3) OFFENSE SEVERITY RANKING CHART
27
28 Florida Felony
29 Statute Degree Description
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1 (d) LEVEL 4
2 316.1935(3) 2nd Driving at high speed or with
3 wanton disregard for safety while
4 fleeing or attempting to elude
5 law enforcement officer who is in
6 a marked patrol vehicle with
7 siren and lights activated.
8 784.07(2)(b) 3rd Battery of law enforcement
9 officer, firefighter, intake
10 officer, etc.
11 784.074(1)(c) 3rd Battery of sexually violent
12 predators facility staff.
13 784.075 3rd Battery on detention or
14 commitment facility staff.
15 784.078 3rd Battery of facility employee by
16 throwing, tossing, or expelling
17 certain fluids or materials.
18 784.08(2)(c) 3rd Battery on a person 65 years of
19 age or older.
20 784.081(3) 3rd Battery on specified official or
21 employee.
22 784.082(3) 3rd Battery by detained person on
23 visitor or other detainee.
24 784.083(3) 3rd Battery on code inspector.
25 784.085 3rd Battery of child by throwing,
26 tossing, projecting, or expelling
27 certain fluids or materials.
28 787.03(1) 3rd Interference with custody;
29 wrongly takes child from
30 appointed guardian.
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1 787.04(2) 3rd Take, entice, or remove child
2 beyond state limits with criminal
3 intent pending custody
4 proceedings.
5 787.04(3) 3rd Carrying child beyond state lines
6 with criminal intent to avoid
7 producing child at custody
8 hearing or delivering to
9 designated person.
10 790.115(1) 3rd Exhibiting firearm or weapon
11 within 1,000 feet of a school.
12 790.115(2)(b) 3rd Possessing electric weapon or
13 device, destructive device, or
14 other weapon on school property.
15 790.115(2)(c) 3rd Possessing firearm on school
16 property.
17 800.04(7)(d) 3rd Lewd or lascivious exhibition;
18 offender less than 18 years.
19 810.02(4)(a) 3rd Burglary, or attempted burglary,
20 of an unoccupied structure;
21 unarmed; no assault or battery.
22 810.02(4)(b) 3rd Burglary, or attempted burglary,
23 of an unoccupied conveyance;
24 unarmed; no assault or battery.
25 810.06 3rd Burglary; possession of tools.
26 810.08(2)(c) 3rd Trespass on property, armed with
27 firearm or dangerous weapon.
28 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
29 or more but less than $20,000.
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1 812.014
2 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
3 firearm, motor vehicle,
4 livestock, etc.
5 812.0195(2) 3rd Dealing in stolen property by use
6 of the Internet; property stolen
7 $300 or more.
8 817.563(1) 3rd Sell or deliver substance other
9 than controlled substance agreed
10 upon, excluding s. 893.03(5)
11 drugs.
12 817.568(2)(a) 3rd Fraudulent use of personal
13 identification information.
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.
23 839.13(2)(b) 3rd Falsifying records of an
24 individual in the care and
25 custody of a state agency who
26 suffers great bodily harm or dies
27 while in such care and custody.
28 843.021 3rd Possession of a concealed
29 handcuff key by a person in
30 custody.
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1 843.025 3rd Deprive law enforcement,
2 correctional, or correctional
3 probation officer of means of
4 protection or communication.
5 843.15(1)(a) 3rd Failure to appear while on bail
6 for felony (bond estreature or
7 bond jumping).
8 874.05(1) 3rd Encouraging or recruiting another
9 to join a criminal street gang.
10 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
11 893.03(1)(a), (b), or (d),
12 (2)(a), (2)(b), or (2)(c)4.
13 drugs).
14 914.14(2) 3rd Witnesses accepting bribes.
15 914.22(1) 3rd Force, threaten, etc., witness,
16 victim, or informant.
17 914.23(2) 3rd Retaliation against a witness,
18 victim, or informant, no bodily
19 injury.
20 918.12 3rd Tampering with jurors.
21 934.215 3rd Use of two-way communications
22 device to facilitate commission
23 of a crime.
24 Section 3. If any law that is amended by this act was
25 also amended by a law enacted at the 2002 Regular Session of
26 the Legislature, such laws shall be construed as if they had
27 been enacted at the same session of the Legislature, and full
28 effect should be given to each if that is possible.
29 Section 4. This act shall take effect upon becoming a
30 law.
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2 SENATE SUMMARY
3 Prescribes penalties for falsifying records of an
individual in the care and custody of a state agency.
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