SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
CHAMBER ACTION
Senate House
.
.
1 WD/2R .
04/28/2004 05:36 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Argenziano moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 1, between lines 18-19,
15
16 insert:
17 Section 1. Subsections (1) and (2) of section 812.014,
18 Florida Statutes, are reenacted to read:
19 812.014 Theft.--
20 (1) A person commits theft if he or she knowingly
21 obtains or uses, or endeavors to obtain or to use, the
22 property of another with intent to, either temporarily or
23 permanently:
24 (a) Deprive the other person of a right to the
25 property or a benefit from the property.
26 (b) Appropriate the property to his or her own use or
27 to the use of any person not entitled to the use of the
28 property.
29 (2)(a)1. If the property stolen is valued at $100,000
30 or more; or
31 2. If the property stolen is cargo valued at $50,000
1
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 or more that has entered the stream of interstate or
2 intrastate commerce from the shipper's loading platform to the
3 consignee's receiving dock; or
4 3. If the offender commits any grand theft and:
5 a. In the course of committing the offense the
6 offender uses a motor vehicle as an instrumentality, other
7 than merely as a getaway vehicle, to assist in committing the
8 offense and thereby damages the real property of another; or
9 b. In the course of committing the offense the
10 offender causes damage to the real or personal property of
11 another in excess of $1,000,
12
13 the offender commits grand theft in the first degree,
14 punishable as a felony of the first degree, as provided in s.
15 775.082, s. 775.083, or s. 775.084.
16 (b)1. If the property stolen is valued at $20,000 or
17 more, but less than $100,000;
18 2. The property stolen is cargo valued at less than
19 $50,000 that has entered the stream of interstate or
20 intrastate commerce from the shipper's loading platform to the
21 consignee's receiving dock; or
22 3. The property stolen is emergency medical equipment,
23 valued at $300 or more, that is taken from a facility licensed
24 under chapter 395 or from an aircraft or vehicle permitted
25 under chapter 401,
26
27 the offender commits grand theft in the second degree,
28 punishable as a felony of the second degree, as provided in s.
29 775.082, s. 775.083, or s. 775.084. Emergency medical
30 equipment means mechanical or electronic apparatus used to
31 provide emergency services and care as defined in s.
2
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 395.002(10) or to treat medical emergencies.
2 (c) It is grand theft of the third degree and a felony
3 of the third degree, punishable as provided in s. 775.082, s.
4 775.083, or s. 775.084, if the property stolen is:
5 1. Valued at $300 or more, but less than $5,000.
6 2. Valued at $5,000 or more, but less than $10,000.
7 3. Valued at $10,000 or more, but less than $20,000.
8 4. A will, codicil, or other testamentary instrument.
9 5. A firearm.
10 6. A motor vehicle, except as provided in paragraph
11 (2)(a).
12 7. Any commercially farmed animal, including any
13 animal of the equine, bovine, or swine class, or other grazing
14 animal, and including aquaculture species raised at a
15 certified aquaculture facility. If the property stolen is
16 aquaculture species raised at a certified aquaculture
17 facility, then a $10,000 fine shall be imposed.
18 8. Any fire extinguisher.
19 9. Any amount of citrus fruit consisting of 2,000 or
20 more individual pieces of fruit.
21 10. Taken from a designated construction site
22 identified by the posting of a sign as provided for in s.
23 810.09(2)(d).
24 11. Any stop sign.
25 12. Anyhydrous ammonia.
26 (d) It is grand theft of the third degree and a felony
27 of the third degree, punishable as provided in s. 775.082, s.
28 775.083, or s. 775.084, if the property stolen is valued at
29 $100 or more, but less than $300, and is taken from a dwelling
30 as defined in s. 810.011(2) or from the unenclosed curtilage
31 of a dwelling pursuant to s. 810.09(1).
3
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 (e) Except as provided in paragraph (d), if the
2 property stolen is valued at $100 or more, but less than $300,
3 the offender commits petit theft of the first degree,
4 punishable as a misdemeanor of the first degree, as provided
5 in s. 775.082 or s. 775.083.
6 Section 2. Paragraphs (f), (g), and (h) of subsection
7 (3) of section 921.0022, Florida Statutes, are amended to
8 read:
9 921.0022 Criminal Punishment Code; offense severity
10 ranking chart.--
11 (3) OFFENSE SEVERITY RANKING CHART
12
13 Florida Felony
14 Statute Degree Description
15
16
17 (f) LEVEL 6
18 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
19 conviction.
20 499.0051(3) 2nd Forgery of pedigree papers.
21 499.0051(4) 2nd Purchase or receipt of legend
22 drug from unauthorized person.
23 499.0051(5) 2nd Sale of legend drug to
24 unauthorized person.
25 775.0875(1) 3rd Taking firearm from law
26 enforcement officer.
27 775.21(10) 3rd Sexual predators; failure to
28 register; failure to renew
29 driver's license or
30 identification card.
31
4
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 784.021(1)(a) 3rd Aggravated assault; deadly weapon
2 without intent to kill.
3 784.021(1)(b) 3rd Aggravated assault; intent to
4 commit felony.
5 784.041 3rd Felony battery.
6 784.048(3) 3rd Aggravated stalking; credible
7 threat.
8 784.048(5) 3rd Aggravated stalking of person
9 under 16.
10 784.07(2)(c) 2nd Aggravated assault on law
11 enforcement officer.
12 784.074(1)(b) 2nd Aggravated assault on sexually
13 violent predators facility staff.
14 784.08(2)(b) 2nd Aggravated assault on a person 65
15 years of age or older.
16 784.081(2) 2nd Aggravated assault on specified
17 official or employee.
18 784.082(2) 2nd Aggravated assault by detained
19 person on visitor or other
20 detainee.
21 784.083(2) 2nd Aggravated assault on code
22 inspector.
23 787.02(2) 3rd False imprisonment; restraining
24 with purpose other than those in
25 s. 787.01.
26 790.115(2)(d) 2nd Discharging firearm or weapon on
27 school property.
28 790.161(2) 2nd Make, possess, or throw
29 destructive device with intent to
30 do bodily harm or damage
31 property.
5
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 790.164(1) 2nd False report of deadly explosive,
2 weapon of mass destruction, or
3 act of arson or violence to state
4 property.
5 790.19 2nd Shooting or throwing deadly
6 missiles into dwellings, vessels,
7 or vehicles.
8 794.011(8)(a) 3rd Solicitation of minor to
9 participate in sexual activity by
10 custodial adult.
11 794.05(1) 2nd Unlawful sexual activity with
12 specified minor.
13 800.04(5)(d) 3rd Lewd or lascivious molestation;
14 victim 12 years of age or older
15 but less than 16 years; offender
16 less than 18 years.
17 800.04(6)(b) 2nd Lewd or lascivious conduct;
18 offender 18 years of age or
19 older.
20 806.031(2) 2nd Arson resulting in great bodily
21 harm to firefighter or any other
22 person.
23 810.02(3)(c) 2nd Burglary of occupied structure;
24 unarmed; no assault or battery.
25 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
26 but less than $100,000, grand
27 theft in 2nd degree.
28 812.014(2)(b)2. 2nd Property stolen; cargo valued at
29 less than $50,000, grand theft in
30 2nd degree.
31
6
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 812.015(9) 2nd Retail theft; property stolen
2 $300 or more; second or
3 subsequent conviction.
4 812.13(2)(c) 2nd Robbery, no firearm or other
5 weapon (strong-arm robbery).
6 817.034(4)(a)1. 1st Communications fraud, value
7 greater than $50,000.
8 817.4821(5) 2nd Possess cloning paraphernalia
9 with intent to create cloned
10 cellular telephones.
11 825.102(1) 3rd Abuse of an elderly person or
12 disabled adult.
13 825.102(3)(c) 3rd Neglect of an elderly person or
14 disabled adult.
15 825.1025(3) 3rd Lewd or lascivious molestation of
16 an elderly person or disabled
17 adult.
18 825.103(2)(c) 3rd Exploiting an elderly person or
19 disabled adult and property is
20 valued at less than $20,000.
21 827.03(1) 3rd Abuse of a child.
22 827.03(3)(c) 3rd Neglect of a child.
23 827.071(2)&(3) 2nd Use or induce a child in a sexual
24 performance, or promote or direct
25 such performance.
26 836.05 2nd Threats; extortion.
27 836.10 2nd Written threats to kill or do
28 bodily injury.
29 843.12 3rd Aids or assists person to escape.
30 847.0135(3) 3rd Solicitation of a child, via a
31 computer service, to commit an
7
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 unlawful sex act.
2 914.23 2nd Retaliation against a witness,
3 victim, or informant, with bodily
4 injury.
5 943.0435(9) 3rd Sex offenders; failure to comply
6 with reporting requirements.
7 944.35(3)(a)2. 3rd Committing malicious battery upon
8 or inflicting cruel or inhuman
9 treatment on an inmate or
10 offender on community
11 supervision, resulting in great
12 bodily harm.
13 944.40 2nd Escapes.
14 944.46 3rd Harboring, concealing, aiding
15 escaped prisoners.
16 944.47(1)(a)5. 2nd Introduction of contraband
17 (firearm, weapon, or explosive)
18 into correctional facility.
19 951.22(1) 3rd Intoxicating drug, firearm, or
20 weapon introduced into county
21 facility.
22 (g) LEVEL 7
23 316.027(1)(b) 2nd Accident involving death, failure
24 to stop; leaving scene.
25 316.193(3)(c)2. 3rd DUI resulting in serious bodily
26 injury.
27 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
28 bodily injury.
29 402.319(2) 2nd Misrepresentation and negligence
30 or intentional act resulting in
31 great bodily harm, permanent
8
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 disfiguration, permanent
2 disability, or death.
3 409.920(2) 3rd Medicaid provider fraud.
4 456.065(2) 3rd Practicing a health care
5 profession without a license.
6 456.065(2) 2nd Practicing a health care
7 profession without a license
8 which results in serious bodily
9 injury.
10 458.327(1) 3rd Practicing medicine without a
11 license.
12 459.013(1) 3rd Practicing osteopathic medicine
13 without a license.
14 460.411(1) 3rd Practicing chiropractic medicine
15 without a license.
16 461.012(1) 3rd Practicing podiatric medicine
17 without a license.
18 462.17 3rd Practicing naturopathy without a
19 license.
20 463.015(1) 3rd Practicing optometry without a
21 license.
22 464.016(1) 3rd Practicing nursing without a
23 license.
24 465.015(2) 3rd Practicing pharmacy without a
25 license.
26 466.026(1) 3rd Practicing dentistry or dental
27 hygiene without a license.
28 467.201 3rd Practicing midwifery without a
29 license.
30 468.366 3rd Delivering respiratory care
31 services without a license.
9
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 483.828(1) 3rd Practicing as clinical laboratory
2 personnel without a license.
3 483.901(9) 3rd Practicing medical physics
4 without a license.
5 484.013(1)(c) 3rd Preparing or dispensing optical
6 devices without a prescription.
7 484.053 3rd Dispensing hearing aids without a
8 license.
9 494.0018(2) 1st Conviction of any violation of
10 ss. 494.001-494.0077 in which the
11 total money and property
12 unlawfully obtained exceeded
13 $50,000 and there were five or
14 more victims.
15 560.123(8)(b)1. 3rd Failure to report currency or
16 payment instruments exceeding
17 $300 but less than $20,000 by
18 money transmitter.
19 560.125(5)(a) 3rd Money transmitter business by
20 unauthorized person, currency or
21 payment instruments exceeding
22 $300 but less than $20,000.
23 655.50(10)(b)1. 3rd Failure to report financial
24 transactions exceeding $300 but
25 less than $20,000 by financial
26 institution.
27 782.051(3) 2nd Attempted felony murder of a
28 person by a person other than the
29 perpetrator or the perpetrator of
30 an attempted felony.
31
10
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 782.07(1) 2nd Killing of a human being by the
2 act, procurement, or culpable
3 negligence of another
4 (manslaughter).
5 782.071 2nd Killing of human being or viable
6 fetus by the operation of a motor
7 vehicle in a reckless manner
8 (vehicular homicide).
9 782.072 2nd Killing of a human being by the
10 operation of a vessel in a
11 reckless manner (vessel
12 homicide).
13 784.045(1)(a)1. 2nd Aggravated battery; intentionally
14 causing great bodily harm or
15 disfigurement.
16 784.045(1)(a)2. 2nd Aggravated battery; using deadly
17 weapon.
18 784.045(1)(b) 2nd Aggravated battery; perpetrator
19 aware victim pregnant.
20 784.048(4) 3rd Aggravated stalking; violation of
21 injunction or court order.
22 784.07(2)(d) 1st Aggravated battery on law
23 enforcement officer.
24 784.074(1)(a) 1st Aggravated battery on sexually
25 violent predators facility staff.
26 784.08(2)(a) 1st Aggravated battery on a person 65
27 years of age or older.
28 784.081(1) 1st Aggravated battery on specified
29 official or employee.
30 784.082(1) 1st Aggravated battery by detained
31 person on visitor or other
11
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 detainee.
2 784.083(1) 1st Aggravated battery on code
3 inspector.
4 790.07(4) 1st Specified weapons violation
5 subsequent to previous conviction
6 of s. 790.07(1) or (2).
7 790.16(1) 1st Discharge of a machine gun under
8 specified circumstances.
9 790.165(2) 2nd Manufacture, sell, possess, or
10 deliver hoax bomb.
11 790.165(3) 2nd Possessing, displaying, or
12 threatening to use any hoax bomb
13 while committing or attempting to
14 commit a felony.
15 790.166(3) 2nd Possessing, selling, using, or
16 attempting to use a hoax weapon
17 of mass destruction.
18 790.166(4) 2nd Possessing, displaying, or
19 threatening to use a hoax weapon
20 of mass destruction while
21 committing or attempting to
22 commit a felony.
23 796.03 2nd Procuring any person under 16
24 years for prostitution.
25 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
26 victim less than 12 years of age;
27 offender less than 18 years.
28 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
29 victim 12 years of age or older
30 but less than 16 years; offender
31 18 years or older.
12
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 806.01(2) 2nd Maliciously damage structure by
2 fire or explosive.
3 810.02(3)(a) 2nd Burglary of occupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
6 unarmed; no assault or battery.
7 810.02(3)(d) 2nd Burglary of occupied conveyance;
8 unarmed; no assault or battery.
9 812.014(2)(a)1. 1st Property stolen, valued at
10 $100,000 or more; cargo stolen
11 valued at $50,000 or more;
12 property stolen while causing
13 other property damage; 1st degree
14 grand theft.
15 812.014(2)(b)2. 2nd Property stolen, cargo valued at
16 less than $50,000, grand theft in
17 2nd degree.
18 812.014(2)(b)3. 2nd Property stolen, emergency
19 medical equipment; 2nd degree
20 grand theft.
21 812.0145(2)(a) 1st Theft from person 65 years of age
22 or older; $50,000 or more.
23 812.019(2) 1st Stolen property; initiates,
24 organizes, plans, etc., the theft
25 of property and traffics in
26 stolen property.
27 812.131(2)(a) 2nd Robbery by sudden snatching.
28 812.133(2)(b) 1st Carjacking; no firearm, deadly
29 weapon, or other weapon.
30 817.234(8)(a) 2nd Solicitation of motor vehicle
31 accident victims with intent to
13
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 defraud.
2 817.234(9) 2nd Organizing, planning, or
3 participating in an intentional
4 motor vehicle collision.
5 817.234(11)(c) 1st Insurance fraud; property value
6 $100,000 or more.
7 817.2341(2)(b)&
8 (3)(b) 1st Making false entries of material
9 fact or false statements
10 regarding property values
11 relating to the solvency of an
12 insuring entity which are a
13 significant cause of the
14 insolvency of that entity.
15 825.102(3)(b) 2nd Neglecting an elderly person or
16 disabled adult causing great
17 bodily harm, disability, or
18 disfigurement.
19 825.103(2)(b) 2nd Exploiting an elderly person or
20 disabled adult and property is
21 valued at $20,000 or more, but
22 less than $100,000.
23 827.03(3)(b) 2nd Neglect of a child causing great
24 bodily harm, disability, or
25 disfigurement.
26 827.04(3) 3rd Impregnation of a child under 16
27 years of age by person 21 years
28 of age or older.
29 837.05(2) 3rd Giving false information about
30 alleged capital felony to a law
31 enforcement officer.
14
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 838.015 2nd Bribery.
2 838.016 2nd Unlawful compensation or reward
3 for official behavior.
4 838.021(3)(a) 2nd Unlawful harm to a public
5 servant.
6 838.22 2nd Bid tampering.
7 872.06 2nd Abuse of a dead human body.
8 893.13(1)(c)1. 1st Sell, manufacture, or deliver
9 cocaine (or other drug prohibited
10 under s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4.) within 1,000 feet of a
13 child care facility, school, or
14 state, county, or municipal park
15 or publicly owned recreational
16 facility or community center.
17 893.13(1)(e)1. 1st Sell, manufacture, or deliver
18 cocaine or other drug prohibited
19 under s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4., within 1,000 feet of
22 property used for religious
23 services or a specified business
24 site.
25 893.13(4)(a) 1st Deliver to minor cocaine (or
26 other s. 893.03(1)(a), (1)(b),
27 (1)(d), (2)(a), (2)(b), or
28 (2)(c)4. drugs).
29 893.135(1)(a)1. 1st Trafficking in cannabis, more
30 than 25 lbs., less than 2,000
31 lbs.
15
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 893.135
2 (1)(b)1.a. 1st Trafficking in cocaine, more than
3 28 grams, less than 200 grams.
4 893.135
5 (1)(c)1.a. 1st Trafficking in illegal drugs,
6 more than 4 grams, less than 14
7 grams.
8 893.135
9 (1)(d)1. 1st Trafficking in phencyclidine,
10 more than 28 grams, less than 200
11 grams.
12 893.135(1)(e)1. 1st Trafficking in methaqualone, more
13 than 200 grams, less than 5
14 kilograms.
15 893.135(1)(f)1. 1st Trafficking in amphetamine, more
16 than 14 grams, less than 28
17 grams.
18 893.135
19 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
20 grams or more, less than 14
21 grams.
22 893.135
23 (1)(h)1.a. 1st Trafficking in
24 gamma-hydroxybutyric acid (GHB),
25 1 kilogram or more, less than 5
26 kilograms.
27 893.135
28 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
29 kilogram or more, less than 5
30 kilograms.
31
16
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 893.135
2 (1)(k)2.a. 1st Trafficking in Phenethylamines,
3 10 grams or more, less than 200
4 grams.
5 896.101(5)(a) 3rd Money laundering, financial
6 transactions exceeding $300 but
7 less than $20,000.
8 896.104(4)(a)1. 3rd Structuring transactions to evade
9 reporting or registration
10 requirements, financial
11 transactions exceeding $300 but
12 less than $20,000.
13 (h) LEVEL 8
14 316.193
15 (3)(c)3.a. 2nd DUI manslaughter.
16 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
17 499.0051(7) 1st Forgery of prescription or legend
18 drug labels.
19 499.0052 1st Trafficking in contraband legend
20 drugs.
21 560.123(8)(b)2. 2nd Failure to report currency or
22 payment instruments totaling or
23 exceeding $20,000, but less than
24 $100,000 by money transmitter.
25 560.125(5)(b) 2nd Money transmitter business by
26 unauthorized person, currency or
27 payment instruments totaling or
28 exceeding $20,000, but less than
29 $100,000.
30 655.50(10)(b)2. 2nd Failure to report financial
31 transactions totaling or
17
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 exceeding $20,000, but less than
2 $100,000 by financial
3 institutions.
4 777.03(2)(a) 1st Accessory after the fact, capital
5 felony.
6 782.04(4) 2nd Killing of human without design
7 when engaged in act or attempt of
8 any felony other than arson,
9 sexual battery, robbery,
10 burglary, kidnapping, aircraft
11 piracy, or unlawfully discharging
12 bomb.
13 782.051(2) 1st Attempted felony murder while
14 perpetrating or attempting to
15 perpetrate a felony not
16 enumerated in s. 782.04(3).
17 782.071(1)(b) 1st Committing vehicular homicide and
18 failing to render aid or give
19 information.
20 782.072(2) 1st Committing vessel homicide and
21 failing to render aid or give
22 information.
23 790.161(3) 1st Discharging a destructive device
24 which results in bodily harm or
25 property damage.
26 794.011(5) 2nd Sexual battery, victim 12 years
27 or over, offender does not use
28 physical force likely to cause
29 serious injury.
30 800.04(4) 2nd Lewd or lascivious battery.
31
18
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 806.01(1) 1st Maliciously damage dwelling or
2 structure by fire or explosive,
3 believing person in structure.
4 810.02(2)(a) 1st,PBL Burglary with assault or battery.
5 810.02(2)(b) 1st,PBL Burglary; armed with explosives
6 or dangerous weapon.
7 810.02(2)(c) 1st Burglary of a dwelling or
8 structure causing structural
9 damage or $1,000 or more property
10 damage.
11 812.014(2)(a)2. 1st Property stolen; cargo valued at
12 $50,000 or more, grand theft in
13 1st degree.
14 812.13(2)(b) 1st Robbery with a weapon.
15 812.135(2) 1st Home-invasion robbery.
16 817.568(6) 2nd Fraudulent use of personal
17 identification information of an
18 individual under the age of 18.
19 825.102(2) 2nd Aggravated abuse of an elderly
20 person or disabled adult.
21 825.1025(2) 2nd Lewd or lascivious battery upon
22 an elderly person or disabled
23 adult.
24 825.103(2)(a) 1st Exploiting an elderly person or
25 disabled adult and property is
26 valued at $100,000 or more.
27 837.02(2) 2nd Perjury in official proceedings
28 relating to prosecution of a
29 capital felony.
30 837.021(2) 2nd Making contradictory statements
31 in official proceedings relating
19
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 to prosecution of a capital
2 felony.
3 860.121(2)(c) 1st Shooting at or throwing any
4 object in path of railroad
5 vehicle resulting in great bodily
6 harm.
7 860.16 1st Aircraft piracy.
8 893.13(1)(b) 1st Sell or deliver in excess of 10
9 grams of any substance specified
10 in s. 893.03(1)(a) or (b).
11 893.13(2)(b) 1st Purchase in excess of 10 grams of
12 any substance specified in s.
13 893.03(1)(a) or (b).
14 893.13(6)(c) 1st Possess in excess of 10 grams of
15 any substance specified in s.
16 893.03(1)(a) or (b).
17 893.135(1)(a)2. 1st Trafficking in cannabis, more
18 than 2,000 lbs., less than 10,000
19 lbs.
20 893.135
21 (1)(b)1.b. 1st Trafficking in cocaine, more than
22 200 grams, less than 400 grams.
23 893.135
24 (1)(c)1.b. 1st Trafficking in illegal drugs,
25 more than 14 grams, less than 28
26 grams.
27 893.135
28 (1)(d)1.b. 1st Trafficking in phencyclidine,
29 more than 200 grams, less than
30 400 grams.
31
20
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 893.135
2 (1)(e)1.b. 1st Trafficking in methaqualone, more
3 than 5 kilograms, less than 25
4 kilograms.
5 893.135
6 (1)(f)1.b. 1st Trafficking in amphetamine, more
7 than 28 grams, less than 200
8 grams.
9 893.135
10 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
11 grams or more, less than 28
12 grams.
13 893.135
14 (1)(h)1.b. 1st Trafficking in
15 gamma-hydroxybutyric acid (GHB),
16 5 kilograms or more, less than 10
17 kilograms.
18 893.135
19 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
20 kilograms or more, less than 10
21 kilograms.
22 893.135
23 (1)(k)2.b. 1st Trafficking in Phenethylamines,
24 200 grams or more, less than 400
25 grams.
26 895.03(1) 1st Use or invest proceeds derived
27 from pattern of racketeering
28 activity.
29 895.03(2) 1st Acquire or maintain through
30 racketeering activity any
31 interest in or control of any
21
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 enterprise or real property.
2 895.03(3) 1st Conduct or participate in any
3 enterprise through pattern of
4 racketeering activity.
5 896.101(5)(b) 2nd Money laundering, financial
6 transactions totaling or
7 exceeding $20,000, but less than
8 $100,000.
9 896.104(4)(a)2. 2nd Structuring transactions to evade
10 reporting or registration
11 requirements, financial
12 transactions totaling or
13 exceeding $20,000 but less than
14 $100,000.
15
16 (Redesignate subsequent sections.)
17
18
19 ================ T I T L E A M E N D M E N T ===============
20 And the title is amended as follows:
21 On page 1, lines 2-15, delete those lines
22
23 and insert:
24 An act relating to theft; reenacting s.
25 812.014(1) and (2), F.S., relating to theft;
26 amending s. 921.0022, F.S.; reclassifying the
27 offenses of cargo theft of the first degree and
28 cargo theft of the second degree under the
29 offense severity ranking chart of the Criminal
30 Punishment Code to increase the penalties
31 imposed for any such offense; amending s.
22
11:51 AM 04/28/04 s1380c2c-031ab
SENATE AMENDMENT
Bill No. CS for CS for SB 1380
Amendment No. ___ Barcode 113200
1 812.022, F.S.; creating an inference that a
2 dealer in used property knew or should have
3 known that he or she possessed stolen property
4 if it is proved that the dealer possessed
5 stolen property upon which a name and phone
6 number are conspicuously displayed; providing
7 that the dealer avoids the inference by meeting
8 specified requirements for verifying that the
9 property was not stolen; specifying records
10 that constitute sufficient evidence to avoid
11 the inference; providing exceptions to the
12 application of the act; providing an effective
13 date.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
23
11:51 AM 04/28/04 s1380c2c-031ab