HB 0627, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to insurance fraud; providing a popular
3	name; amending s. 624.155, F.S.; providing for bringing an
4	action against an unauthorized insurer under certain
5	circumstances; amending s. 624.310, F.S.; making it
6	unlawful for certain affiliated parties to participate in
7	insurance business without authorization; providing a
8	criminal penalty; amending s. 624.401, F.S.; providing
9	criminal penalties for acting as an insurer without a
10	valid certificate; amending s. 626.989, F.S.; specifying
11	certain investigators as law enforcement officers;
12	creating s. 817.413, F.S.; making unlawful in sales of
13	motor vehicle goods misrepresentations of used or
14	repossessed goods as new or original; providing a criminal
15	penalty; amending s. 860.15, F.S.; providing a criminal
16	penalty for certain charges relating to services and parts
17	for motor vehicle repair; amending s. 921.0022, F.S.;
18	revising the offense severity ranking chart of the
19	Criminal Punishment Code, to conform; providing
20	severability; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1. This is the “Pete Orr Insurance Anti-Fraud
25	Act.”
26	Section 2. Section 624.155, Florida Statutes, is amended
27	to read:
28	624.155 Civil remedy.--
29	(1) Any person may bring a civil action against an insurer
30	when such person is damaged:
31	(a) By a violation of any of the following provisions by
32	the insurer:
33	1. Section 626.9541(1)(i), (o), or (x);
34	2. Section 626.9551;
35	3. Section 626.9705;
36	4. Section 626.9706;
37	5. Section 626.9707; or
38	6. Section 627.7283.
39	(b) By the commission of any of the following acts by the
40	insurer:
41	1. Not attempting in good faith to settle claims when,
42	under all the circumstances, it could and should have done so,
43	had it acted fairly and honestly toward its insured and with due
44	regard for her or his interests;
45	2. Making claims payments to insureds or beneficiaries not
46	accompanied by a statement setting forth the coverage under
47	which payments are being made; or
48	3. Except as to liability coverages, failing to promptly
49	settle claims, when the obligation to settle a claim has become
50	reasonably clear, under one portion of the insurance policy
51	coverage in order to influence settlements under other portions
52	of the insurance policy coverage.
53
54	Notwithstanding the provisions of the above to the contrary, a
55	person pursuing a remedy under this section need not prove that
56	such act was committed or performed with such frequency as to
57	indicate a general business practice.
58	(2) Any party may bring a civil action against an
59	unauthorized insurer if such party is damaged by a violation of
60	s. 624.401 by the unauthorized insurer.
61	(3)(2)(a) As a condition precedent to bringing an action
62	under this section, the department and the authorizedinsurer
63	must have been given 60 days' written notice of the violation.
64	If the department returns a notice for lack of specificity, the
65	60-day time period shall not begin until a proper notice is
66	filed.
67	(b) The notice shall be on a form provided by the
68	department and shall state with specificity the following
69	information, and such other information as the department may
70	require:
71	1. The statutory provision, including the specific
72	language of the statute, which the authorizedinsurer allegedly
73	violated.
74	2. The facts and circumstances giving rise to the
75	violation.
76	3. The name of any individual involved in the violation.
77	4. Reference to specific policy language that is relevant
78	to the violation, if any. If the person bringing the civil
79	action is a third party claimant, she or he shall not be
80	required to reference the specific policy language if the
81	authorizedinsurer has not provided a copy of the policy to the
82	third party claimant pursuant to written request.
83	5. A statement that the notice is given in order to
84	perfect the right to pursue the civil remedy authorized by this
85	section.
86	(c) Within 20 days of receipt of the notice, the
87	department may return any notice that does not provide the
88	specific information required by this section, and the
89	department shall indicate the specific deficiencies contained in
90	the notice. A determination by the department to return a notice
91	for lack of specificity shall be exempt from the requirements of
92	chapter 120.
93	(d) No action shall lie if, within 60 days after filing
94	notice, the damages are paid or the circumstances giving rise to
95	the violation are corrected.
96	(e) The authorizedinsurer that is the recipient of a
97	notice filed pursuant to this section shall report to the
98	department on the disposition of the alleged violation.
99	(f) The applicable statute of limitations for an action
100	under this section shall be tolled for a period of 65 days by
101	the mailing of the notice required by this subsection or the
102	mailing of a subsequent notice required by this subsection.
103	(4)(3)Upon adverse adjudication at trial or upon appeal,
104	the authorizedinsurer shall be liable for damages, together
105	with court costs and reasonable attorney's fees incurred by the
106	plaintiff.
107	(5)(4)No punitive damages shall be awarded under this
108	section unless the acts giving rise to the violation occur with
109	such frequency as to indicate a general business practice and
110	these acts are:
111	(a) Willful, wanton, and malicious;
112	(b) In reckless disregard for the rights of any insured;
113	or
114	(c) In reckless disregard for the rights of a beneficiary
115	under a life insurance contract.
116
117	Any person who pursues a claim under this subsection shall post
118	in advance the costs of discovery. Such costs shall be awarded
119	to the authorizedinsurer if no punitive damages are awarded to
120	the plaintiff.
121	(6)(5)This section shall not be construed to authorize a
122	class action suit against an authorizedinsurer or a civil
123	action against the department, its employees, or the Insurance
124	Commissioner, or to create a cause of action when an authorized
125	ahealth insurer refuses to pay a claim for reimbursement on the
126	ground that the charge for a service was unreasonably high or
127	that the service provided was not medically necessary.
128	(7)(6)In the absence of expressed language to the
129	contrary, this section shall not be construed to authorize a
130	civil action or create a cause of action against an authorized
131	insurer or its employees who, in good faith, release information
132	about an insured or an insurance policy to a law enforcement
133	agency in furtherance of an investigation of a criminal or
134	fraudulent act relating to a motor vehicle theft or a motor
135	vehicle insurance claim.
136	(8)(7)The civil remedy specified in this section does not
137	preempt any other remedy or cause of action provided for
138	pursuant to any other statute or pursuant to the common law of
139	this state. Any person may obtain a judgment under either the
140	common-law remedy of bad faith or this statutory remedy, but
141	shall not be entitled to a judgment under both remedies. This
142	section shall not be construed to create a common-law cause of
143	action. The damages recoverable pursuant to this section shall
144	include those damages which are a reasonably foreseeable result
145	of a specified violation of this section by the authorized
146	insurer and may include an award or judgment in an amount that
147	exceeds the policy limits.
148	Section 3. Subsection (8) is added to section 624.310,
149	Florida Statutes, to read:
150	624.310 Enforcement; cease and desist orders; removal of
151	certain persons; fines.--
152	(8) CRIMINAL ENFORCEMENT.--It is unlawful for any
153	affiliated party who is removed, restricted, or prohibited from
154	participation in the affairs of a licensee pursuant to this
155	section, or for any licensee whose rights or privileges under
156	such license have been suspended or revoked pursuant to the
157	Florida Insurance Code, to participate in any way in the
158	business of insurance until expressly authorized to do so by the
159	department. Any person who violates the provisions of this
160	subsection commits a felony of the third degree, punishable as
161	provided in s. 775.082, s. 775.083, or s. 775.084.
162	Section 4. Subsection (4) of section 624.401, Florida
163	Statutes, is amended to read:
164	624.401 Certificate of authority required.--
165	(4)(a)Any person who acts as an insurer, transacts
166	insurance, or otherwise engages in insurance activities in this
167	state without a certificate of authority in violation of this
168	section commits a felony of the third degree, punishable as
169	provided in s. 775.082, s. 775.083, or s. 775.084.
170	(b) However, any person acting as an insurer without a
171	valid certificate of authority who violates this section commits
172	insurance fraud, punishable as provided in this paragraph. If
173	the amount of any insurance premium collected with respect to
174	any violation of this section:
175	1. Is less than $20,000, the offender commits a felony of
176	the third degree, punishable as provided in s. 775.082,
177	s.775.083, or s.775.084. A person who is convicted of a
178	violation of this subparagraph shall be sentenced to a minimum
179	term of imprisonment of 1 year.
180	2. Is $20,000 or more, but less than $100,000, the
181	offender commits a felony of the second degree, punishable as
182	provided in s. 775.082, s. 775.083, or s. 775.084. A person who
183	is convicted of a violation of this subparagraph shall be
184	sentenced to a minimum term of imprisonment of 18 months.
185	3. Is $100,000 or more, the offender commits a felony of
186	the first degree, punishable as provided in s. 775.082, 775.083,
187	or s. 775.084. A person who is convicted of a violation of this
188	subparagraph shall be sentenced to a minimum term of
189	imprisonment of 2 years.
190	Section 5. Subsection (7) of section 626.989, Florida
191	Statutes, is amended to read:
192	626.989 Investigation by department or Division of
193	Insurance Fraud; compliance; immunity; confidential information;
194	reports to division; division investigator's power of arrest.--
195	(7) Division investigators shall have the power to make
196	arrests for criminal violations established as a result of
197	investigations only. The general laws applicable to arrests by
198	law enforcement officers of this state shall also be applicable
199	to such investigators. Such investigators shall also be
200	considered state law enforcement officers for all purposes and
201	shall have the power to execute arrest warrants and search
202	warrants for the same criminal violations; to serve subpoenas
203	issued for the examination, investigation, and trial of all
204	offenses determined by their investigations; and to arrest upon
205	probable cause without warrant any person found in the act of
206	violating any of the provisions of applicable laws.
207	Investigators empowered to make arrests under this section shall
208	be empowered to bear arms in the performance of their duties. In
209	such a situation, the investigator must be certified in
210	compliance with the provisions of s. 943.1395 or must meet the
211	temporary employment or appointment exemption requirements of s.
212	943.131 until certified.
213	Section 6. Section 817.413, Florida Statutes, is created
214	to read:
215	817.413 Sales of used motor vehicle goods as new;
216	penalty.--
217	(1) With respect to a transaction for which any charges
218	will be paid from the proceeds of a motor vehicle insurance
219	policy, and in which the purchase price of motor vehicle goods
220	exceeds $100, it is unlawful for the seller to knowingly
221	misrepresent orally, in writing, or by failure to speak, that
222	the goods are new or original when they are used or repossessed
223	or that they have been used for sales demonstration.
224	(2) A person who knowingly violates the provisions of this
225	section commits a felony of the third degree, punishable as
226	provided in s. 775.082, s. 775.083, or s. 775.084.
227	Section 7. Subsection (3) is added to section 860.15,
228	Florida Statutes, to read:
229	860.15 Overcharging for repairs and parts; penalty.--
230	(3) If the charges referred to in subsection (1) will be
231	paid from the proceeds of a motor vehicle insurance policy, a
232	person willfully violating the provisions of this section
233	commits a felony of the third degree, punishable as provided in
234	s. 775.082, s. 775.083, or s. 775.084.
235	Section 8. Paragraphs (c), (e) and (g) of subsection (3)
236	of section 921.0022, Florida Statutes, are amended to read:
237	921.0022 Criminal Punishment Code; offense severity
238	ranking chart.--
239	(3) OFFENSE SEVERITY RANKING CHART
240	FloridaStatute FelonyDegree Description
241	(c) LEVEL 3
242	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
243	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
244	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
245	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
246	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
247	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
248	327.35(2)(b) 3rd Felony BUI.
249	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
250	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
251	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
252	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
253	624.310(8) 3rd Unlawful participation in the insurance industry.
254	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
255	624.401(4)(b) 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
256	697.08 3rd Equity skimming.
257	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
258	796.05(1) 3rd Live on earnings of a prostitute.
259	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
260	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
261	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
262	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
263	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
264	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
265	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
266	817.233 3rd Burning to defraud insurer.
267	817.234(8)&(9) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
268	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
269	817.413(2) 3rd Overcharging for repairs and parts
270	817.505(4) 3rd Patient brokering.
271	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
272	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
273	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
274	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
275	843.19 3rd Injure, disable, or kill police dog or horse.
276	869.15(3) 3rd Overcharging for repairs and parts.
277	870.01(2) 3rd Riot; inciting or encouraging.
278	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
279	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 200 feet of university or public park.
280	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 200 feet of public housing facility.
281	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
282	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
283	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
284	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
285	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
286	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
287	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
288	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
289	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
290	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
291	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
292	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
293	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
294	(e) LEVEL 5
295	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
296	316.1935(4) 2nd Aggravated fleeing or eluding.
297	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
298	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
299	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
300	624.401(4)(b)2. 2nd Transacting insurance without a certificate of authority; premium collected $20,000 or more but less than $100,000.
301	790.01(2) 3rd Carrying a concealed firearm.
302	790.162 2nd Threat to throw or discharge destructive device.
303	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
304	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
305	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
306	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
307	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
308	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
309	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
310	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
311	812.019(1) 2nd Stolen property; dealing in or trafficking in.
312	812.131(2)(b) 3rd Robbery by sudden snatching.
313	812.16(2) 3rd Owning, operating, or conducting a chop shop.
314	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
315	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
316	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $75,000 or more.
317	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
318	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
319	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
320	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
321	843.01 3rd Resist officer with violence to person; resist arrest with violence.
322	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
323	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
324	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility or school.
325	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of university or public park.
326	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
327	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of public housing facility.
328	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
329	(g) LEVEL 7
330	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
331	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
332	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
333	409.920(2) 3rd Medicaid provider fraud.
334	456.065(2) 3rd Practicing a health care profession without a license.
335	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
336	458.327(1) 3rd Practicing medicine without a license.
337	459.013(1) 3rd Practicing osteopathic medicine without a license.
338	460.411(1) 3rd Practicing chiropractic medicine without a license.
339	461.012(1) 3rd Practicing podiatric medicine without a license.
340	462.17 3rd Practicing naturopathy without a license.
341	463.015(1) 3rd Practicing optometry without a license.
342	464.016(1) 3rd Practicing nursing without a license.
343	465.015(2) 3rd Practicing pharmacy without a license.
344	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
345	467.201 3rd Practicing midwifery without a license.
346	468.366 3rd Delivering respiratory care services without a license.
347	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
348	483.901(9) 3rd Practicing medical physics without a license.
349	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
350	484.053 3rd Dispensing hearing aids without a license.
351	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
352	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
353	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
354	624.401(4)(b)3. 3rd Transacting insurance without a certificate of authority; premium collected $100,000 or more.
355	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
356	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
357	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
358	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
359	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
360	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
361	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
362	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
363	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
364	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
365	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
366	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
367	784.081(1) 1st Aggravated battery on specified official or employee.
368	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
369	784.083(1) 1st Aggravated battery on code inspector.
370	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
371	790.16(1) 1st Discharge of a machine gun under specified circumstances.
372	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
373	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
374	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
375	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
376	796.03 2nd Procuring any person under 16 years for prostitution.
377	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
378	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
379	806.01(2) 2nd Maliciously damage structure by fire or explosive.
380	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
381	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
382	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
383	812.014(2)(a) 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
384	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
385	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
386	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
387	812.131(2)(a) 2nd Robbery by sudden snatching.
388	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
389	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
390	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
391	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
392	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
393	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
394	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
395	872.06 2nd Abuse of a dead human body.
396	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility or school.
397	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
398	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
399	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
400	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
401	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
402	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
403	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
404	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
405	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
406	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
407	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
408	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
409	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
410	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
411	Section 9. If any provision of this act or the application
412	thereof to any person or circumstance is held invalid, the
413	invalidity does not affect other provisions or applications of
414	the act which can be given effect without the invalid provision
415	or application, and to this end the provisions of this act are
416	declared severable.
417	Section 10. This act shall take effect July 1, 2003.