Senate Bill sb1072er
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2 An act relating to identity theft and Internet
3 fraud prevention, investigation, and
4 prosecution; amending s. 817.568, F.S.;
5 expanding the definition of personal
6 identification information; revising the
7 elements of the offense of criminal use of
8 personal identification information in which
9 such use results in an unlawful benefit,
10 injury, or fraud; providing for mandatory
11 minimum terms of imprisonment for certain acts
12 of criminal use of personal identification
13 information; amending s. 934.23, F.S.;
14 providing a definition; clarifying that Florida
15 judges with jurisdiction over specific crimes
16 have authority to issue search warrants for
17 electronic evidence relating thereto,
18 regardless of where the electronic evidence is
19 situated; creating s. 92.605, F.S.; providing
20 definitions; providing for self-authentication
21 for out-of-state business records under certain
22 circumstances with notice to opponent;
23 providing for procedures; amending s. 921.0022,
24 F.S., relating to the offense severity ranking
25 chart of the Criminal Punishment Code;
26 conforming provisions to changes made by the
27 act; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Section 817.568, Florida Statutes, is
2 amended to read:
3 817.568 Criminal use of personal identification
4 information.--
5 (1) As used in this section, the term:
6 (a) "Access device" means any card, plate, code,
7 account number, electronic serial number, mobile
8 identification number, personal identification number, or
9 other telecommunications service, equipment, or instrument
10 identifier, or other means of account access that can be used,
11 alone or in conjunction with another access device, to obtain
12 money, goods, services, or any other thing of value, or that
13 can be used to initiate a transfer of funds, other than a
14 transfer originated solely by paper instrument.
15 (b) "Authorization" means empowerment, permission, or
16 competence to act.
17 (c) "Harass" means to engage in conduct directed at a
18 specific person that is intended to cause substantial
19 emotional distress to such person and serves no legitimate
20 purpose. "Harass" does not mean to use personal identification
21 information for accepted commercial purposes. The term does
22 not include constitutionally protected conduct such as
23 organized protests or the use of personal identification
24 information for accepted commercial purposes.
25 (d) "Individual" means a single human being and does
26 not mean a firm, association of individuals, corporation,
27 partnership, joint venture, sole proprietorship, or any other
28 entity.
29 (e) "Person" means a "person" as defined in s.
30 1.01(3).
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1 (f) "Personal identification information" means any
2 name or number that may be used, alone or in conjunction with
3 any other information, to identify a specific individual,
4 including any:
5 1. Name, social security number, date of birth,
6 official state-issued or United States-issued driver's license
7 or identification number, alien registration number,
8 government passport number, employer or taxpayer
9 identification number, or Medicaid or food stamp account
10 number, or bank account or credit card number;
11 2. Unique biometric data, such as fingerprint, voice
12 print, retina or iris image, or other unique physical
13 representation;
14 3. Unique electronic identification number, address,
15 or routing code; or
16 4. Telecommunication identifying information or access
17 device.
18 (2)(a) Any person who willfully and without
19 authorization fraudulently uses, or possesses with intent to
20 fraudulently use, personal identification information
21 concerning an individual without first obtaining that
22 individual's consent, commits the offense of fraudulent use of
23 personal identification information, which is a felony of the
24 third degree, punishable as provided in s. 775.082, s.
25 775.083, or s. 775.084.
26 (b) Any person who willfully and without authorization
27 fraudulently uses personal identification information
28 concerning an individual without first obtaining that
29 individual's consent commits a felony of the second degree,
30 punishable as provided in s. 775.082, s. 775.083, or s.
31 775.084, if the pecuniary benefit, the value of the services
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1 received, the payment sought to be avoided, or the amount of
2 the injury or fraud perpetrated is $5,000 $75,000 or more or
3 if the person fraudulently uses the personal identification
4 information of 10 or more individuals without their consent.
5 Notwithstanding any other provision of law, the court shall
6 sentence any person convicted of committing the offense
7 described in this paragraph to a mandatory minimum sentence of
8 3 years' imprisonment.
9 (c) Any person who willfully and without authorization
10 fraudulently uses personal identification information
11 concerning an individual without first obtaining that
12 individual's consent commits a felony of the first degree,
13 punishable as provided in s. 775.082, s. 775.083, or s.
14 775.084, if the pecuniary benefit, the value of the services
15 received, the payment sought to be avoided, or the amount of
16 the injury or fraud perpetrated is $50,000 or more or if the
17 person fraudulently uses the personal identification
18 information of 20 or more individuals without their consent.
19 Notwithstanding any other provision of law, the court shall
20 sentence any person convicted of committing the offense
21 described in this paragraph:
22 1. To a mandatory minimum sentence of 5 years'
23 imprisonment.
24 2. To a mandatory minimum sentence of 10 years'
25 imprisonment, if the pecuniary benefit, the value of the
26 services received, the payment sought to be avoided, or the
27 amount of the injury or fraud perpetrated is $100,000 or more
28 or if the person fraudulently uses the personal identification
29 information of 30 or more individuals without their consent.
30 (3) Neither paragraph (2)(b) nor paragraph (2)(c)
31 prevents a court from imposing a greater sentence of
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1 incarceration as authorized by law. If the minimum mandatory
2 terms of imprisonment imposed under paragraph (2)(b) or
3 paragraph (2)(c) exceed the maximum sentences authorized under
4 s. 775.082, s. 775.084, or the Criminal Punishment Code under
5 chapter 921, the mandatory minimum sentence must be imposed.
6 If the mandatory minimum terms of imprisonment under paragraph
7 (2)(b) or paragraph (2)(c) are less than the sentence that
8 could be imposed under s. 775.082, s. 775.084, or the Criminal
9 Punishment Code under chapter 921, the sentence imposed by the
10 court must include the mandatory minimum term of imprisonment
11 as required by paragraph (2)(b) or paragraph (2)(c).
12 (4)(3) Any person who willfully and without
13 authorization possesses, uses, or attempts to use personal
14 identification information concerning an individual without
15 first obtaining that individual's consent, and who does so for
16 the purpose of harassing that individual, commits the offense
17 of harassment by use of personal identification information,
18 which is a misdemeanor of the first degree, punishable as
19 provided in s. 775.082 or s. 775.083.
20 (5)(4) If an offense prohibited under this section was
21 facilitated or furthered by the use of a public record, as
22 defined in s. 119.011, the offense is reclassified to the next
23 higher degree as follows:
24 (a) A misdemeanor of the first degree is reclassified
25 as a felony of the third degree.
26 (b) A felony of the third degree is reclassified as a
27 felony of the second degree.
28 (c) A felony of the second degree is reclassified as a
29 felony of the first degree.
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1 For purposes of sentencing under chapter 921 and incentive
2 gain-time eligibility under chapter 944, a felony offense that
3 is reclassified under this subsection is ranked one level
4 above the ranking under s. 921.0022 of the felony offense
5 committed, and a misdemeanor offense that is reclassified
6 under this subsection is ranked in level 2 of the offense
7 severity ranking chart in s. 921.0022.
8 (6) Any person who willfully and without authorization
9 fraudulently uses personal identification information
10 concerning an individual who is less than 18 years of age
11 without first obtaining the consent of that individual or of
12 his or her legal guardian commits a felony of the second
13 degree, punishable as provided in s. 775.082, s. 775.083, or
14 s. 775.084.
15 (7) Any person who is in the relationship of parent or
16 legal guardian, or who otherwise exercises custodial authority
17 over an individual who is less than 18 years of age, who
18 willfully and fraudulently uses personal identification
19 information of that individual commits a felony of the second
20 degree, punishable as provided in s. 775.082, s. 775.083, or
21 s. 775.084.
22 (8)(5) This section does not prohibit any lawfully
23 authorized investigative, protective, or intelligence activity
24 of a law enforcement agency of this state or any of its
25 political subdivisions, of any other state or its political
26 subdivisions, or of the Federal Government or its political
27 subdivisions.
28 (9)(6)(a) In sentencing a defendant convicted of an
29 offense under this section, the court may order that the
30 defendant make restitution pursuant to s. 775.089 to any
31 victim of the offense. In addition to the victim's
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1 out-of-pocket costs, such restitution may include payment of
2 any other costs, including attorney's fees incurred by the
3 victim in clearing the victim's credit history or credit
4 rating, or any costs incurred in connection with any civil or
5 administrative proceeding to satisfy any debt, lien, or other
6 obligation of the victim arising as the result of the actions
7 of the defendant.
8 (b) The sentencing court may issue such orders as are
9 necessary to correct any public record that contains false
10 information given in violation of this section.
11 (10)(7) Prosecutions for violations of this section
12 may be brought on behalf of the state by any state attorney or
13 by the statewide prosecutor.
14 (11)(8) The Legislature finds that, in the absence of
15 evidence to the contrary, the location where a victim gives or
16 fails to give consent to the use of personal identification
17 information is the county where the victim generally resides.
18 (12)(9) Notwithstanding any other provision of law,
19 venue for the prosecution and trial of violations of this
20 section may be commenced and maintained in any county in which
21 an element of the offense occurred, including the county where
22 the victim generally resides.
23 (13)(10) A prosecution of an offense prohibited under
24 subsection (2), subsection (6), or subsection (7) must be
25 commenced within 3 years after the offense occurred. However,
26 a prosecution may be commenced within 1 year after discovery
27 of the offense by an aggrieved party, or by a person who has a
28 legal duty to represent the aggrieved party and who is not a
29 party to the offense, if such prosecution is commenced within
30 5 years after the violation occurred.
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1 Section 2. Subsection (1) of section 934.23, Florida
2 Statutes, is amended to read:
3 934.23 Required disclosure of customer communications
4 or records.--
5 (1) An investigative or law enforcement officer may
6 require the disclosure by a provider of electronic
7 communication service of the contents of a wire or electronic
8 communication that has been in electronic storage in an
9 electronic communications system for 180 days or less only
10 pursuant to a warrant issued by the judge of a court of
11 competent jurisdiction. As used in this section, the term "a
12 court of competent jurisdiction" means a court that has
13 jurisdiction over the investigation or that is otherwise
14 authorized by law. An investigative or law enforcement officer
15 may require the disclosure by a provider of electronic
16 communication services of the contents of a wire or electronic
17 communication that has been in electronic storage in an
18 electronic communications system for more than 180 days by the
19 means available under subsection (2).
20 Section 3. Section 92.605, Florida Statutes, is
21 created to read:
22 92.605 Production of certain records by Florida
23 businesses and out-of-state corporations.
24 (1) For the purposes of this section, the term:
25 (a) "Adverse result" includes one of the following
26 consequences to notification of the existence of a court
27 order, a subpoena, or a search warrant:
28 1. Danger to the life or physical safety of an
29 individual.
30 2. A flight from prosecution.
31 3. The destruction of or tampering with evidence.
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1 4. The intimidation of potential witnesses.
2 5. Serious jeopardy to an investigation or undue delay
3 of a trial.
4 (b) "Applicant" means a law enforcement officer who is
5 seeking a court order or subpoena under s. 16.56, s. 27.04, s.
6 905.185, or s. 914.04 or who is issued a search warrant under
7 s. 933.01, or anyone who is authorized to issue a subpoena
8 under the Florida Rules of Criminal Procedure.
9 (c) "Business" means any business, institution,
10 association, profession, occupation, or calling of any kind,
11 whether or not conducted for profit.
12 (d) "Electronic communication services" and "remote
13 computing services" have the same meaning as provided in the
14 Electronic Communications Privacy Act in chapter 121
15 (commencing with s. 2701) of Part I of Title 18 of the United
16 States Code Annotated. This section does not apply to
17 corporations that do not provide those services to the public.
18 (e) "Out-of-state corporation" means any corporation
19 that is qualified to do business in this state under s.
20 607.1501.
21 (f) "Out-of-state record of regularly conducted
22 business activity" means a memorandum, report, record, or data
23 compilation, in any form, of acts, events, conditions,
24 opinions, or diagnoses, maintained in another state or
25 country.
26 (g) "Out-of-state certification" means a written
27 declaration made and signed in another state or country by the
28 custodian of an out-of-state record of regularly conducted
29 business activity or another qualified person that, if falsely
30 made, would subject the declarant to criminal penalty under
31 the laws of another state or country.
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1 (h) "Properly served" means delivery by hand or in a
2 manner reasonably allowing for proof of delivery if delivered
3 by United States mail, overnight delivery service, or
4 facsimile to a person or entity properly registered to do
5 business in any state. In order for an out-of-state
6 corporation to be properly served, the service described in
7 this paragraph must be effected on the corporation's
8 registered agent.
9 (2) The following provisions apply to any subpoena,
10 court order, or search warrant issued in compliance with the
11 Electronic Communications Privacy Act in chapter 121
12 (commencing with s. 2701) of Part I of Title 18 of the United
13 States Code and that is subject to this chapter, which allows
14 a search for records that are in the actual or constructive
15 possession of an out-of-state corporation that provides
16 electronic communication services or remote computing services
17 to the public, when those records would reveal the identity of
18 the customers using those services; data stored by, or on
19 behalf of, the customers; the customers' usage of those
20 services; or the recipients or destinations of communications
21 sent to or from those customers.
22 (a) Any subpoena, court order, or warrant issued under
23 this subsection must contain the following language in bold
24 type on the first page of the document: "This (subpoena,
25 order, warrant) is issued pursuant to Florida Statute s.
26 92.605. A response is due within 20 business days of receipt
27 of this (subpoena, order, warrant) unless a longer time period
28 is stated herein."
29 (b) When properly served with a subpoena, court order,
30 or search warrant issued by a Florida court or other
31 applicant, an out-of-state corporation subject to this section
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1 shall provide to the applicant all records sought pursuant to
2 such subpoena, court order, or warrant within 20 business days
3 after receipt, or the date indicated within the subpoena, if
4 later, including those records maintained or located outside
5 the State of Florida. If the records cannot be produced within
6 the 20-day time period, the out-of-state corporation shall
7 notify the applicant within the 20-day time period and agree
8 to produce the documents at the earliest possible time. The
9 applicant shall pay the out-of-state corporation the
10 reasonable expenses associated with compliance.
11 (c) When the applicant makes a showing and the court
12 finds that failure to produce records within 20 business days
13 would cause an adverse result, the subpoena, court order, or
14 warrant may require production of records within less than 20
15 business days. A court may reasonably extend the time required
16 for production of the records upon finding that the
17 out-of-state corporation needs the extension and that an
18 extension of time would not cause an adverse result.
19 (d) An out-of-state corporation seeking to quash or
20 object to the subpoena, court order, or warrant must seek
21 relief from the court issuing such subpoena, court order, or
22 warrant within the time required for production of records
23 under this section. The issuing court shall hear and decide
24 that motion within 5 court days after the motion is filed.
25 (e) Upon written request from the applicant or if
26 ordered by the court, the out-of-state corporation shall
27 verify the authenticity of records that it produces by
28 providing an affidavit that complies with the requirements set
29 forth in this section. Records produced in compliance with
30 this section are admissible in evidence as set forth in
31 subsection (5).
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1 (3) A Florida business that provides electronic
2 communication services or remote computing services to the
3 public, when served with a subpoena, court order, or warrant
4 issued by another state to produce records that would reveal
5 the identity of the customers using those services; data
6 stored by, or on behalf of, the customers; the customers'
7 usage of those services; or the recipients or destinations of
8 communications sent to or from those customers shall produce
9 those records as if that subpoena, court order, or warrant had
10 been issued by a Florida court.
11 (4) A cause of action does not arise against any
12 out-of-state corporation or Florida business subject to this
13 section, or its officers, employees, agents, or other
14 specified persons, for providing records, information,
15 facilities, or assistance in accordance with the terms of a
16 subpoena, court order, or warrant subject to this section.
17 (5) In a criminal proceeding in a court of this state,
18 an out-of-state record of regularly conducted business
19 activity, or a copy of such record, shall not be excluded as
20 hearsay evidence by s. 90.802, if an out-of-state
21 certification attests that:
22 (a) Such record was made at or near the time of the
23 occurrence of the matters set forth by, or from information
24 transmitted by, a person with knowledge of those matters.
25 (b) Such record was kept in the course of a regularly
26 conducted business activity.
27 (c) The business activity made such a record as a
28 regular practice.
29 (d) If such record is not the original, it is a
30 duplicate of the original, unless the source of information or
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1 the method or circumstances of preparation indicate lack of
2 trustworthiness.
3 (6) An out-of-state certification under this section
4 shall authenticate such record or duplicate.
5 (7) No evidence in such records in the form of opinion
6 or diagnosis is admissible under subsection (5) unless such
7 opinion or diagnosis would be admissible under ss.
8 90.701-90.705 if the person whose opinion is recorded were to
9 testify to the opinion directly.
10 (8) As soon after the arraignment as practicable, or
11 60 days prior to trial, a party intending to offer in evidence
12 under this section an out-of-state record of regularly
13 conducted business activity shall provide written notice of
14 that intention to each other party. A motion opposing
15 admission in evidence of such record shall be made by the
16 opposing party and determined by the court before
17 trial. Failure by a party to file such motion before trial
18 shall constitute a waiver of objection to such record or
19 duplicate, but the court for cause shown may grant relief from
20 the waiver.
21 (9) In any criminal case, the content of any
22 electronic communication may be obtained under this section
23 only by court order or by the issuance of a search warrant,
24 unless otherwise provided under the Electronic Communications
25 Privacy Act or other provision of law.
26 Section 4. Paragraphs (e), (h), and (i) of subsection
27 (3) of section 921.0022, Florida Statutes, are amended to
28 read:
29 921.0022 Criminal Punishment Code; offense severity
30 ranking chart.--
31 (3) OFFENSE SEVERITY RANKING CHART
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2
3 (e) LEVEL 5
4 316.027(1)(a) 3rd Accidents involving personal
5 injuries, failure to stop;
6 leaving scene.
7 316.1935(4) 2nd Aggravated fleeing or eluding.
8 322.34(6) 3rd Careless operation of motor
9 vehicle with suspended license,
10 resulting in death or serious
11 bodily injury.
12 327.30(5) 3rd Vessel accidents involving
13 personal injury; leaving scene.
14 381.0041
15 (11)(b) 3rd Donate blood, plasma, or organs
16 knowing HIV positive.
17 790.01(2) 3rd Carrying a concealed firearm.
18 790.162 2nd Threat to throw or discharge
19 destructive device.
20 790.163(1) 2nd False report of deadly explosive
21 or weapon of mass destruction.
22 790.221(1) 2nd Possession of short-barreled
23 shotgun or machine gun.
24 790.23 2nd Felons in possession of firearms
25 or electronic weapons or devices.
26 800.04(6)(c) 3rd Lewd or lascivious conduct;
27 offender less than 18 years.
28 800.04(7)(c) 2nd Lewd or lascivious exhibition;
29 offender 18 years or older.
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1 806.111(1) 3rd Possess, manufacture, or dispense
2 fire bomb with intent to damage
3 any structure or property.
4 812.0145(2)(b) 2nd Theft from person 65 years of age
5 or older; $10,000 or more but
6 less than $50,000.
7 812.015(8) 3rd Retail theft; property stolen is
8 valued at $300 or more and one or
9 more specified acts.
10 812.019(1) 2nd Stolen property; dealing in or
11 trafficking in.
12 812.131(2)(b) 3rd Robbery by sudden snatching.
13 812.16(2) 3rd Owning, operating, or conducting
14 a chop shop.
15 817.034(4)(a)2. 2nd Communications fraud, value
16 $20,000 to $50,000.
17 817.234(11)(b) 2nd Insurance fraud; property value
18 $20,000 or more but less than
19 $100,000.
20 817.568(2)(b) 2nd Fraudulent use of personal
21 identification information; value
22 of benefit, services received,
23 payment avoided, or amount of
24 injury or fraud, $5,000 $75,000
25 or more or use of personal
26 identification information of 10
27 or more individuals.
28 817.625(2)(b) 2nd Second or subsequent fraudulent
29 use of scanning device or
30 reencoder.
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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.
8 839.13(2)(b) 2nd Falsifying records of an
9 individual in the care and
10 custody of a state agency
11 involving great bodily harm or
12 death.
13 843.01 3rd Resist officer with violence to
14 person; resist arrest with
15 violence.
16 874.05(2) 2nd Encouraging or recruiting another
17 to join a criminal street gang;
18 second or subsequent offense.
19 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
20 cocaine (or other s.
21 893.03(1)(a), (1)(b), (1)(d),
22 (2)(a), (2)(b), or (2)(c)4.
23 drugs).
24 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
25 cannabis (or other s.
26 893.03(1)(c), (2)(c)1., (2)(c)2.,
27 (2)(c)3., (2)(c)5., (2)(c)6.,
28 (2)(c)7., (2)(c)8., (2)(c)9.,
29 (3), or (4) drugs) within 1,000
30 feet of a child care facility or
31 school.
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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 (h) LEVEL 8
28 316.193
29 (3)(c)3.a. 2nd DUI manslaughter.
30 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
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1 560.123(8)(b)2. 2nd Failure to report currency or
2 payment instruments totaling or
3 exceeding $20,000, but less than
4 $100,000 by money transmitter.
5 560.125(5)(b) 2nd Money transmitter business by
6 unauthorized person, currency or
7 payment instruments totaling or
8 exceeding $20,000, but less than
9 $100,000.
10 655.50(10)(b)2. 2nd Failure to report financial
11 transactions totaling or
12 exceeding $20,000, but less than
13 $100,000 by financial
14 institutions.
15 777.03(2)(a) 1st Accessory after the fact, capital
16 felony.
17 782.04(4) 2nd Killing of human without design
18 when engaged in act or attempt of
19 any felony other than arson,
20 sexual battery, robbery,
21 burglary, kidnapping, aircraft
22 piracy, or unlawfully discharging
23 bomb.
24 782.051(2) 1st Attempted felony murder while
25 perpetrating or attempting to
26 perpetrate a felony not
27 enumerated in s. 782.04(3).
28 782.071(1)(b) 1st Committing vehicular homicide and
29 failing to render aid or give
30 information.
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ENROLLED
2003 Legislature CS for CS for SB 1072, 1st Engrossed (ntc)
1 782.072(2) 1st Committing vessel homicide and
2 failing to render aid or give
3 information.
4 790.161(3) 1st Discharging a destructive device
5 which results in bodily harm or
6 property damage.
7 794.011(5) 2nd Sexual battery, victim 12 years
8 or over, offender does not use
9 physical force likely to cause
10 serious injury.
11 800.04(4) 2nd Lewd or lascivious battery.
12 806.01(1) 1st Maliciously damage dwelling or
13 structure by fire or explosive,
14 believing person in structure.
15 810.02(2)(a) 1st,PBL Burglary with assault or battery.
16 810.02(2)(b) 1st,PBL Burglary; armed with explosives
17 or dangerous weapon.
18 810.02(2)(c) 1st Burglary of a dwelling or
19 structure causing structural
20 damage or $1,000 or more property
21 damage.
22 812.13(2)(b) 1st Robbery with a weapon.
23 812.135(2) 1st Home-invasion robbery.
24 817.568(6) 2nd Fraudulent use of personal
25 identification information of an
26 individual under the age of 18.
27 825.102(2) 2nd Aggravated abuse of an elderly
28 person or disabled adult.
29 825.1025(2) 2nd Lewd or lascivious battery upon
30 an elderly person or disabled
31 adult.
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ENROLLED
2003 Legislature CS for CS for SB 1072, 1st Engrossed (ntc)
1 825.103(2)(a) 1st Exploiting an elderly person or
2 disabled adult and property is
3 valued at $100,000 or more.
4 837.02(2) 2nd Perjury in official proceedings
5 relating to prosecution of a
6 capital felony.
7 837.021(2) 2nd Making contradictory statements
8 in official proceedings relating
9 to prosecution of a capital
10 felony.
11 860.121(2)(c) 1st Shooting at or throwing any
12 object in path of railroad
13 vehicle resulting in great bodily
14 harm.
15 860.16 1st Aircraft piracy.
16 893.13(1)(b) 1st Sell or deliver in excess of 10
17 grams of any substance specified
18 in s. 893.03(1)(a) or (b).
19 893.13(2)(b) 1st Purchase in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.13(6)(c) 1st Possess in excess of 10 grams of
23 any substance specified in s.
24 893.03(1)(a) or (b).
25 893.135(1)(a)2. 1st Trafficking in cannabis, more
26 than 2,000 lbs., less than 10,000
27 lbs.
28 893.135
29 (1)(b)1.b. 1st Trafficking in cocaine, more than
30 200 grams, less than 400 grams.
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ENROLLED
2003 Legislature CS for CS for SB 1072, 1st Engrossed (ntc)
1 893.135
2 (1)(c)1.b. 1st Trafficking in illegal drugs,
3 more than 14 grams, less than 28
4 grams.
5 893.135
6 (1)(d)1.b. 1st Trafficking in phencyclidine,
7 more than 200 grams, less than
8 400 grams.
9 893.135
10 (1)(e)1.b. 1st Trafficking in methaqualone, more
11 than 5 kilograms, less than 25
12 kilograms.
13 893.135
14 (1)(f)1.b. 1st Trafficking in amphetamine, more
15 than 28 grams, less than 200
16 grams.
17 893.135
18 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
19 grams or more, less than 28
20 grams.
21 893.135
22 (1)(h)1.b. 1st Trafficking in
23 gamma-hydroxybutyric acid (GHB),
24 5 kilograms or more, less than 10
25 kilograms.
26 893.135
27 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
28 kilograms or more, less than 10
29 kilograms.
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ENROLLED
2003 Legislature CS for CS for SB 1072, 1st Engrossed (ntc)
1 893.135
2 (1)(k)2.b. 1st Trafficking in Phenethylamines,
3 200 grams or more, less than 400
4 grams.
5 895.03(1) 1st Use or invest proceeds derived
6 from pattern of racketeering
7 activity.
8 895.03(2) 1st Acquire or maintain through
9 racketeering activity any
10 interest in or control of any
11 enterprise or real property.
12 895.03(3) 1st Conduct or participate in any
13 enterprise through pattern of
14 racketeering activity.
15 896.101(5)(b) 2nd Money laundering, financial
16 transactions totaling or
17 exceeding $20,000, but less than
18 $100,000.
19 896.104(4)(a)2. 2nd Structuring transactions to evade
20 reporting or registration
21 requirements, financial
22 transactions totaling or
23 exceeding $20,000 but less than
24 $100,000.
25 (i) LEVEL 9
26 316.193
27 (3)(c)3.b. 1st DUI manslaughter; failing to
28 render aid or give information.
29 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
30 render aid or give information.
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ENROLLED
2003 Legislature CS for CS for SB 1072, 1st Engrossed (ntc)
1 560.123(8)(b)3. 1st Failure to report currency or
2 payment instruments totaling or
3 exceeding $100,000 by money
4 transmitter.
5 560.125(5)(c) 1st Money transmitter business by
6 unauthorized person, currency, or
7 payment instruments totaling or
8 exceeding $100,000.
9 655.50(10)(b)3. 1st Failure to report financial
10 transactions totaling or
11 exceeding $100,000 by financial
12 institution.
13 775.0844 1st Aggravated white collar crime.
14 782.04(1) 1st Attempt, conspire, or solicit to
15 commit premeditated murder.
16 782.04(3) 1st,PBL Accomplice to murder in
17 connection with arson, sexual
18 battery, robbery, burglary, and
19 other specified felonies.
20 782.051(1) 1st Attempted felony murder while
21 perpetrating or attempting to
22 perpetrate a felony enumerated in
23 s. 782.04(3).
24 782.07(2) 1st Aggravated manslaughter of an
25 elderly person or disabled adult.
26 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
27 reward or as a shield or hostage.
28 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
29 or facilitate commission of any
30 felony.
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ENROLLED
2003 Legislature CS for CS for SB 1072, 1st Engrossed (ntc)
1 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
2 interfere with performance of any
3 governmental or political
4 function.
5 787.02(3)(a) 1st False imprisonment; child under
6 age 13; perpetrator also commits
7 aggravated child abuse, sexual
8 battery, or lewd or lascivious
9 battery, molestation, conduct, or
10 exhibition.
11 790.161 1st Attempted capital destructive
12 device offense.
13 790.166(2) 1st,PBL Possessing, selling, using, or
14 attempting to use a weapon of
15 mass destruction.
16 794.011(2) 1st Attempted sexual battery; victim
17 less than 12 years of age.
18 794.011(2) Life Sexual battery; offender younger
19 than 18 years and commits sexual
20 battery on a person less than 12
21 years.
22 794.011(4) 1st Sexual battery; victim 12 years
23 or older, certain circumstances.
24 794.011(8)(b) 1st Sexual battery; engage in sexual
25 conduct with minor 12 to 18 years
26 by person in familial or
27 custodial authority.
28 800.04(5)(b) 1st Lewd or lascivious molestation;
29 victim less than 12 years;
30 offender 18 years or older.
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ENROLLED
2003 Legislature CS for CS for SB 1072, 1st Engrossed (ntc)
1 812.13(2)(a) 1st,PBL Robbery with firearm or other
2 deadly weapon.
3 812.133(2)(a) 1st,PBL Carjacking; firearm or other
4 deadly weapon.
5 817.568(7) 2nd,PBL Fraudulent use of personal
6 identification information of an
7 individual under the age of 18 by
8 his or her parent, legal
9 guardian, or person exercising
10 custodial authority.
11 827.03(2) 1st Aggravated child abuse.
12 847.0145(1) 1st Selling, or otherwise
13 transferring custody or control,
14 of a minor.
15 847.0145(2) 1st Purchasing, or otherwise
16 obtaining custody or control, of
17 a minor.
18 859.01 1st Poisoning or introducing
19 bacteria, radioactive materials,
20 viruses, or chemical compounds
21 into food, drink, medicine, or
22 water with intent to kill or
23 injure another person.
24 893.135 1st Attempted capital trafficking
25 offense.
26 893.135(1)(a)3. 1st Trafficking in cannabis, more
27 than 10,000 lbs.
28 893.135
29 (1)(b)1.c. 1st Trafficking in cocaine, more than
30 400 grams, less than 150
31 kilograms.
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ENROLLED
2003 Legislature CS for CS for SB 1072, 1st Engrossed (ntc)
1 893.135
2 (1)(c)1.c. 1st Trafficking in illegal drugs,
3 more than 28 grams, less than 30
4 kilograms.
5 893.135
6 (1)(d)1.c. 1st Trafficking in phencyclidine,
7 more than 400 grams.
8 893.135
9 (1)(e)1.c. 1st Trafficking in methaqualone, more
10 than 25 kilograms.
11 893.135
12 (1)(f)1.c. 1st Trafficking in amphetamine, more
13 than 200 grams.
14 893.135
15 (1)(h)1.c. 1st Trafficking in
16 gamma-hydroxybutyric acid (GHB),
17 10 kilograms or more.
18 893.135
19 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
20 kilograms or more.
21 893.135
22 (1)(k)2.c. 1st Trafficking in Phenethylamines,
23 400 grams or more.
24 896.101(5)(c) 1st Money laundering, financial
25 instruments totaling or exceeding
26 $100,000.
27 896.104(4)(a)3. 1st Structuring transactions to evade
28 reporting or registration
29 requirements, financial
30 transactions totaling or
31 exceeding $100,000.
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ENROLLED
2003 Legislature CS for CS for SB 1072, 1st Engrossed (ntc)
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