Senate Bill sb0576c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                            CS for SB 576

    By the Committee on Judiciary; and Senators Fasano, Lynn and
    Argenziano




    308-1971-04

  1                      A bill to be entitled

  2         An act relating to criminal offenses; providing

  3         a short title; creating s. 775.0847, F.S.;

  4         providing for the reclassification of felonies

  5         committed against the elderly or disabled;

  6         amending s. 784.08, F.S.; providing for the

  7         reclassification of misdemeanors committed

  8         against persons 65 years of age or older;

  9         amending s. 812.0145, F.S.; providing for a

10         mandatory term of imprisonment for certain

11         thefts against persons 65 years of age or

12         older; amending s. 825.103, F.S.; providing for

13         a mandatory term of imprisonment for certain

14         acts of exploitation against an elderly person

15         or disabled adult; amending ss. 775.0877 and

16         921.0022, F.S., relating to orders for HIV

17         testing for certain offenses and the sentencing

18         guidelines; conforming cross-references;

19         providing an effective date.

20  

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

22  

23         Section 1.  This act may be cited as "The Seniors'

24  Safety Act."

25         Section 2.  Section 775.0847, Florida Statutes, is

26  created to read:

27         775.0847  Felonies committed against the elderly or

28  disabled; reclassification of offenses.--Whenever a person is

29  charged with committing a felony offense upon a person 65

30  years of age or older or an elderly person or disabled adult

31  as defined in chapter 825, regardless of whether he or she

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  knows or has reason to know the age, infirmity, or disability

 2  of the victim, the offense for which the person is charged

 3  shall be reclassified as follows:

 4         (1)  In the case of a felony of the third degree, the

 5  offense is reclassified to a felony of the second degree.

 6         (2)  In the case of a felony of the second degree, the

 7  offense is reclassified to a felony of the first degree.

 8         (3)  In the case of a felony of the first degree, the

 9  offense is reclassified to a felony of the first degree,

10  punishable by life imprisonment.

11         Section 3.  Subsection (2) of section 784.08, Florida

12  Statutes, is amended to read:

13         784.08  Assault or battery on persons 65 years of age

14  or older; reclassification of offenses; minimum sentence.--

15         (2)  Whenever a person is charged with committing an

16  assault or aggravated assault or a battery or aggravated

17  battery upon a person 65 years of age or older, regardless of

18  whether he or she knows or has reason to know the age of the

19  victim, the offense for which the person is charged shall be

20  reclassified as follows:

21         (a)  In the case of aggravated battery, from a felony

22  of the second degree to a felony of the first degree.

23         (b)  In the case of aggravated assault, from a felony

24  of the third degree to a felony of the second degree.

25         (a)(c)  In the case of battery, from a misdemeanor of

26  the first degree to a felony of the third degree.

27         (b)(d)  In the case of assault, from a misdemeanor of

28  the second degree to a misdemeanor of the first degree.

29         Section 4.  Section 812.0145, Florida Statutes, is

30  amended to read:

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1         812.0145  Theft from persons 65 years of age or older;

 2  penalties reclassification of offenses.--

 3         (1)  A person who is convicted of theft of more than

 4  $1,000 from a person 65 years of age or older shall be ordered

 5  by the sentencing judge to make restitution to the victim of

 6  such offense and to perform up to 500 hours of community

 7  service work.  Restitution and community service work shall be

 8  in addition to any fine or sentence which may be imposed and

 9  shall not be in lieu thereof.

10         (2)  Notwithstanding any other provision of law, if the

11  funds, assets, or property involved in a theft from a person

12  65 years of age or older is valued at $10,000 or more, the

13  court shall sentence the offender to a mandatory minimum

14  sentence of 3 years imprisonment.  However, the mandatory term

15  of imprisonment does not apply to the theft of one or more

16  motor vehicles, regardless of associated value. Whenever a

17  person is charged with committing theft from a person 65 years

18  of age or older, when he or she knows or has reason to believe

19  that the victim was 65 years of age or older, the offense for

20  which the person is charged shall be reclassified as follows:

21         (a)  This subsection does not prevent a court from

22  imposing a greater sentence of incarceration as authorized by

23  law. If the funds, assets, or property involved in the theft

24  from a person 65 years of age or older is valued at $50,000 or

25  more, the offender commits a felony of the first degree,

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

27  775.084.

28         (b)  If the minimum mandatory terms of imprisonment

29  imposed under this section exceed the maximum sentences

30  authorized by s. 775.082, s. 775.084, or the Criminal

31  Punishment Code under chapter 921, the mandatory minimum

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  sentence must be imposed.  If the mandatory minimum terms of

 2  imprisonment under this section are less than the sentences

 3  that could be imposed as authorized by s. 775.082, s. 775.084,

 4  or the Criminal Punishment Code under chapter 921, the

 5  sentence imposed by the court must include the mandatory

 6  minimum term of imprisonment as required in this section. If

 7  the funds, assets, or property involved in the theft from a

 8  person 65 years of age or older is valued at $10,000 or more,

 9  but less than $50,000, the offender commits a felony of the

10  second degree, punishable as provided in s. 775.082, s.

11  775.083, or s. 775.084.

12         (c)  If the funds, assets, or property involved in the

13  theft from a person 65 years of age or older is valued at $300

14  or more, but less than $10,000, the offender commits a felony

15  of the third degree, punishable as provided in s. 775.082, s.

16  775.083, or s. 775.084.

17         Section 5.  Subsections (3) and (4) are added to

18  section 825.103, Florida Statutes, to read:

19         825.103  Exploitation of an elderly person or disabled

20  adult; penalties.--

21         (3)  Notwithstanding any other provision of law, if the

22  funds, assets, or property involved in the exploitation of an

23  elderly person or a disabled adult is valued at $10,000 or

24  more, the court shall sentence the offender to a mandatory

25  minimum sentence of 3 years imprisonment.

26         (4)  This subsection does not prevent a court from

27  imposing a greater sentence of incarceration as authorized by

28  law.  If the minimum mandatory terms of imprisonment imposed

29  pursuant to subsection (3) exceed the maximum sentences

30  authorized by s. 775.082, s. 775.084, or the Criminal

31  Punishment Code under chapter 921, the mandatory minimum

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  sentence must be imposed.  If the mandatory minimum terms of

 2  imprisonment under this section are less than the sentences

 3  that could be imposed as authorized by s. 775.082, s. 775.084,

 4  or the Criminal Punishment Code under chapter 921, the

 5  sentence imposed by the court must include the mandatory

 6  minimum term of imprisonment as required in subsection (3).

 7         Section 6.  Subsection (1) of section 775.0877, Florida

 8  Statutes, is amended to read:

 9         775.0877  Criminal transmission of HIV; procedures;

10  penalties.--

11         (1)  In any case in which a person has been convicted

12  of or has pled nolo contendere or guilty to, regardless of

13  whether adjudication is withheld, any of the following

14  offenses, or the attempt thereof, which offense or attempted

15  offense involves the transmission of body fluids from one

16  person to another:

17         (a)  Section 794.011, relating to sexual battery,

18         (b)  Section 826.04, relating to incest,

19         (c)  Section 800.04(1), (2), and (3), relating to lewd,

20  lascivious, or indecent assault or act upon any person less

21  than 16 years of age,

22         (d)  Sections 784.011, 784.07(2)(a), and 784.08(2)(b)

23  784.08(2)(d), relating to assault,

24         (e)  Sections 784.021 and, 784.07(2)(c), and

25  784.08(2)(b), relating to aggravated assault,

26         (f)  Sections 784.03, 784.07(2)(b), and 784.08(2)(a)

27  784.08(2)(c), relating to battery,

28         (g)  Sections 784.045 and, 784.07(2)(d), and

29  784.08(2)(a), relating to aggravated battery,

30         (h)  Section 827.03(1), relating to child abuse,

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1         (i)  Section 827.03(2), relating to aggravated child

 2  abuse,

 3         (j)  Section 825.102(1), relating to abuse of an

 4  elderly person or disabled adult,

 5         (k)  Section 825.102(2), relating to aggravated abuse

 6  of an elderly person or disabled adult,

 7         (l)  Section 827.071, relating to sexual performance by

 8  person less than 18 years of age,

 9         (m)  Sections 796.03, 796.07, and 796.08, relating to

10  prostitution, or

11         (n)  Section 381.0041(11)(b), relating to donation of

12  blood, plasma, organs, skin, or other human tissue,

13  

14  the court shall order the offender to undergo HIV testing, to

15  be performed under the direction of the Department of Health

16  in accordance with s. 381.004, unless the offender has

17  undergone HIV testing voluntarily or pursuant to procedures

18  established in s. 381.004(3)(h)6. or s. 951.27, or any other

19  applicable law or rule providing for HIV testing of criminal

20  offenders or inmates, subsequent to her or his arrest for an

21  offense enumerated in paragraphs (a)-(n) for which she or he

22  was convicted or to which she or he pled nolo contendere or

23  guilty.  The results of an HIV test performed on an offender

24  pursuant to this subsection are not admissible in any criminal

25  proceeding arising out of the alleged offense.

26         Section 7.  Paragraphs (b), (c), (d), (e), (f), and (g)

27  of subsection (3) of section 921.0022, Florida Statutes, are

28  amended to read:

29         921.0022  Criminal Punishment Code; offense severity

30  ranking chart.--

31         (3)  OFFENSE SEVERITY RANKING CHART

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  

 2  Florida           Felony

 3  Statute           Degree             Description

 4  

 5                     

 6                              (b)  LEVEL 2

 7  370.12(1)(e)3.     3rd      Possession of 11 or fewer marine

 8                              turtle eggs in violation of the

 9                              Marine Turtle Protection Act.

10  370.12(1)(e)4.     3rd      Possession of more than 11 marine

11                              turtle eggs in violation of the

12                              Marine Turtle Protection Act.

13  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

14                              lbs. in weight or 100 cubic feet

15                              in volume or any quantity for

16                              commercial purposes, or hazardous

17                              waste.

18  517.07             3rd      Registration of securities and

19                              furnishing of prospectus

20                              required.

21  590.28(1)          3rd      Intentional or reckless burning

22                              of lands Willful, malicious, or

23                              intentional burning.

24  784.05(3)          3rd      Storing or leaving a loaded

25                              firearm within reach of minor who

26                              uses it to inflict injury or

27                              death.

28  787.04(1)          3rd      In violation of court order,

29                              take, entice, etc., minor beyond

30                              state limits.

31  

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

 2                              or more to public communication

 3                              or any other public service.

 4  810.061(2)         3rd      Impairing or impeding telephone

 5                              or power to a dwelling;

 6                              facilitating or furthering

 7                              burglary.

 8  810.09(2)(e)       3rd      Trespassing on posted commercial

 9                              horticulture property.

10  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

11                              more but less than $5,000.

12  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

13                              more but less than $300, taken

14                              from unenclosed curtilage of

15                              dwelling.

16  812.015(7)         3rd      Possession, use, or attempted use

17                              of an antishoplifting or

18                              inventory control device

19                              countermeasure.

20  817.234(1)(a)2.    3rd      False statement in support of

21                              insurance claim.

22  817.481(3)(a)      3rd      Obtain credit or purchase with

23                              false, expired, counterfeit,

24                              etc., credit card, value over

25                              $300.

26  817.52(3)          3rd      Failure to redeliver hired

27                              vehicle.

28  817.54             3rd      With intent to defraud, obtain

29                              mortgage note, etc., by false

30                              representation.

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  817.60(5)          3rd      Dealing in credit cards of

 2                              another.

 3  817.60(6)(a)       3rd      Forgery; purchase goods, services

 4                              with false card.

 5  817.61             3rd      Fraudulent use of credit cards

 6                              over $100 or more within 6

 7                              months.

 8  826.04             3rd      Knowingly marries or has sexual

 9                              intercourse with person to whom

10                              related.

11  831.01             3rd      Forgery.

12  831.02             3rd      Uttering forged instrument;

13                              utters or publishes alteration

14                              with intent to defraud.

15  831.07             3rd      Forging bank bills, checks,

16                              drafts, or promissory notes.

17  831.08             3rd      Possessing 10 or more forged

18                              notes, bills, checks, or drafts.

19  831.09             3rd      Uttering forged notes, bills,

20                              checks, drafts, or promissory

21                              notes.

22  831.11             3rd      Bringing into the state forged

23                              bank bills, checks, drafts, or

24                              notes.

25  832.05(3)(a)       3rd      Cashing or depositing item with

26                              intent to defraud.

27  843.08             3rd      Falsely impersonating an officer.

28  

29  

30  

31  

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

 2                              (2)(c)1., (2)(c)2., (2)(c)3.,

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

 4                              (2)(c)8., (2)(c)9., (3), or (4)

 5                              drugs other than cannabis.

 6  893.147(2)         3rd      Manufacture or delivery of drug

 7                              paraphernalia.

 8                              (c)  LEVEL 3

 9  119.10(3)          3rd      Unlawful use of confidential

10                              information from police reports.

11  316.066(3)

12   (d)-(f)           3rd      Unlawfully obtaining or using

13                              confidential crash reports.

14  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

15  316.1935(2)        3rd      Fleeing or attempting to elude

16                              law enforcement officer in marked

17                              patrol vehicle with siren and

18                              lights activated.

19  319.30(4)          3rd      Possession by junkyard of motor

20                              vehicle with identification

21                              number plate removed.

22  319.33(1)(a)       3rd      Alter or forge any certificate of

23                              title to a motor vehicle or

24                              mobile home.

25  319.33(1)(c)       3rd      Procure or pass title on stolen

26                              vehicle.

27  319.33(4)          3rd      With intent to defraud, possess,

28                              sell, etc., a blank, forged, or

29                              unlawfully obtained title or

30                              registration.

31  327.35(2)(b)       3rd      Felony BUI.

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  328.05(2)          3rd      Possess, sell, or counterfeit

 2                              fictitious, stolen, or fraudulent

 3                              titles or bills of sale of

 4                              vessels.

 5  328.07(4)          3rd      Manufacture, exchange, or possess

 6                              vessel with counterfeit or wrong

 7                              ID number.

 8  370.12(1)(e)5.     3rd      Taking, disturbing, mutilating,

 9                              destroying, causing to be

10                              destroyed, transferring, selling,

11                              offering to sell, molesting, or

12                              harassing marine turtles, marine

13                              turtle eggs, or marine turtle

14                              nests in violation of the Marine

15                              Turtle Protection Act.

16  370.12(1)(e)6.     3rd      Soliciting to commit or

17                              conspiring to commit a violation

18                              of the Marine Turtle Protection

19                              Act.

20  376.302(5)         3rd      Fraud related to reimbursement

21                              for cleanup expenses under the

22                              Inland Protection Trust Fund.

23  400.903(3)         3rd      Operating a clinic without a

24                              license or filing false license

25                              application or other required

26                              information.

27  440.105(3)(b)      3rd      Receipt of fee or consideration

28                              without approval by judge of

29                              compensation claims.

30  

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  440.1051(3)        3rd      False report of workers'

 2                              compensation fraud or retaliation

 3                              for making such a report.

 4  501.001(2)(b)      2nd      Tampers with a consumer product

 5                              or the container using materially

 6                              false/misleading information.

 7  624.401(4)(a)      3rd      Transacting insurance without a

 8                              certificate of authority.

 9  624.401(4)(b)1.    3rd      Transacting insurance without a

10                              certificate of authority; premium

11                              collected less than $20,000.

12  626.902(1)

13   (a) & (b)         3rd      Representing an unauthorized

14                              insurer.

15  697.08             3rd      Equity skimming.

16  790.15(3)          3rd      Person directs another to

17                              discharge firearm from a vehicle.

18  796.05(1)          3rd      Live on earnings of a prostitute.

19  806.10(1)          3rd      Maliciously injure, destroy, or

20                              interfere with vehicles or

21                              equipment used in firefighting.

22  806.10(2)          3rd      Interferes with or assaults

23                              firefighter in performance of

24                              duty.

25  810.09(2)(c)       3rd      Trespass on property other than

26                              structure or conveyance armed

27                              with firearm or dangerous weapon.

28  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

29                              less than $10,000.

30  

31  

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  812.0145(2)(c)     3rd      Theft from person 65 years of age

 2                              or older; $300 or more but less

 3                              than $10,000.

 4  815.04(4)(b)       2nd      Computer offense devised to

 5                              defraud or obtain property.

 6  817.034(4)(a)3.    3rd      Engages in scheme to defraud

 7                              (Florida Communications Fraud

 8                              Act), property valued at less

 9                              than $20,000.

10  817.233            3rd      Burning to defraud insurer.

11  817.234(8)

12   (b)-(c)           3rd      Unlawful solicitation of persons

13                              involved in motor vehicle

14                              accidents.

15  817.234(11)(a)     3rd      Insurance fraud; property value

16                              less than $20,000.

17  817.236            3rd      Filing a false motor vehicle

18                              insurance application.

19  817.2361           3rd      Creating, marketing, or

20                              presenting a false or fraudulent

21                              motor vehicle insurance card.

22  817.413(2)         3rd      Sale of used goods as new.

23  817.505(4)         3rd      Patient brokering.

24  828.12(2)          3rd      Tortures any animal with intent

25                              to inflict intense pain, serious

26                              physical injury, or death.

27  831.28(2)(a)       3rd      Counterfeiting a payment

28                              instrument with intent to defraud

29                              or possessing a counterfeit

30                              payment instrument.

31  

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  831.29             2nd      Possession of instruments for

 2                              counterfeiting drivers' licenses

 3                              or identification cards.

 4  838.021(3)(b)      3rd      Threatens unlawful harm to public

 5                              servant.

 6  843.19             3rd      Injure, disable, or kill police

 7                              dog or horse.

 8  860.15(3)          3rd      Overcharging for repairs and

 9                              parts.

10  870.01(2)          3rd      Riot; inciting or encouraging.

11  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

12                              cannabis (or other s.

13                              893.03(1)(c), (2)(c)1., (2)(c)2.,

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

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

16                              (3), or (4) drugs).

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

18                              893.03(1)(c), (2)(c)1., (2)(c)2.,

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

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

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

22                              feet of university.

23  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

24                              893.03(1)(c), (2)(c)1., (2)(c)2.,

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

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

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

28                              feet of public housing facility.

29  893.13(6)(a)       3rd      Possession of any controlled

30                              substance other than felony

31                              possession of cannabis.

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  893.13(7)(a)8.     3rd      Withhold information from

 2                              practitioner regarding previous

 3                              receipt of or prescription for a

 4                              controlled substance.

 5  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

 6                              controlled substance by fraud,

 7                              forgery, misrepresentation, etc.

 8  893.13(7)(a)10.    3rd      Affix false or forged label to

 9                              package of controlled substance.

10  893.13(7)(a)11.    3rd      Furnish false or fraudulent

11                              material information on any

12                              document or record required by

13                              chapter 893.

14  893.13(8)(a)1.     3rd      Knowingly assist a patient, other

15                              person, or owner of an animal in

16                              obtaining a controlled substance

17                              through deceptive, untrue, or

18                              fraudulent representations in or

19                              related to the practitioner's

20                              practice.

21  893.13(8)(a)2.     3rd      Employ a trick or scheme in the

22                              practitioner's practice to assist

23                              a patient, other person, or owner

24                              of an animal in obtaining a

25                              controlled substance.

26  893.13(8)(a)3.     3rd      Knowingly write a prescription

27                              for a controlled substance for a

28                              fictitious person.

29  

30  

31  

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  893.13(8)(a)4.     3rd      Write a prescription for a

 2                              controlled substance for a

 3                              patient, other person, or an

 4                              animal if the sole purpose of

 5                              writing the prescription is a

 6                              monetary benefit for the

 7                              practitioner.

 8  918.13(1)(a)       3rd      Alter, destroy, or conceal

 9                              investigation evidence.

10  944.47

11   (1)(a)1.-2.       3rd      Introduce contraband to

12                              correctional facility.

13  944.47(1)(c)       2nd      Possess contraband while upon the

14                              grounds of a correctional

15                              institution.

16  985.3141           3rd      Escapes from a juvenile facility

17                              (secure detention or residential

18                              commitment facility).

19                              (d)  LEVEL 4

20  316.1935(3)        2nd      Driving at high speed or with

21                              wanton disregard for safety while

22                              fleeing or attempting to elude

23                              law enforcement officer who is in

24                              a marked patrol vehicle with

25                              siren and lights activated.

26  499.0051(1)        3rd      Failure to maintain or deliver

27                              pedigree papers.

28  499.0051(2)        3rd      Failure to authenticate pedigree

29                              papers.

30  

31  

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  499.0051(6)        2nd      Sale or delivery, or possession

 2                              with intent to sell, contraband

 3                              legend drugs.

 4  784.07(2)(b)       3rd      Battery of law enforcement

 5                              officer, firefighter, intake

 6                              officer, etc.

 7  784.074(1)(c)      3rd      Battery of sexually violent

 8                              predators facility staff.

 9  784.075            3rd      Battery on detention or

10                              commitment facility staff.

11  784.078            3rd      Battery of facility employee by

12                              throwing, tossing, or expelling

13                              certain fluids or materials.

14  784.08(2)(a)(c)    3rd      Battery on a person 65 years of

15                              age or older.

16  784.081(3)         3rd      Battery on specified official or

17                              employee.

18  784.082(3)         3rd      Battery by detained person on

19                              visitor or other detainee.

20  784.083(3)         3rd      Battery on code inspector.

21  784.085            3rd      Battery of child by throwing,

22                              tossing, projecting, or expelling

23                              certain fluids or materials.

24  787.03(1)          3rd      Interference with custody;

25                              wrongly takes child from

26                              appointed guardian.

27  787.04(2)          3rd      Take, entice, or remove child

28                              beyond state limits with criminal

29                              intent pending custody

30                              proceedings.

31  

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  787.04(3)          3rd      Carrying child beyond state lines

 2                              with criminal intent to avoid

 3                              producing child at custody

 4                              hearing or delivering to

 5                              designated person.

 6  790.115(1)         3rd      Exhibiting firearm or weapon

 7                              within 1,000 feet of a school.

 8  790.115(2)(b)      3rd      Possessing electric weapon or

 9                              device, destructive device, or

10                              other weapon on school property.

11  790.115(2)(c)      3rd      Possessing firearm on school

12                              property.

13  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

14                              offender less than 18 years.

15  810.02(4)(a)       3rd      Burglary, or attempted burglary,

16                              of an unoccupied structure;

17                              unarmed; no assault or battery.

18  810.02(4)(b)       3rd      Burglary, or attempted burglary,

19                              of an unoccupied conveyance;

20                              unarmed; no assault or battery.

21  810.06             3rd      Burglary; possession of tools.

22  810.08(2)(c)       3rd      Trespass on property, armed with

23                              firearm or dangerous weapon.

24  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

25                              or more but less than $20,000.

26  812.014

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

28                              firearm, motor vehicle,

29                              livestock, etc.

30  

31  

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  812.0195(2)        3rd      Dealing in stolen property by use

 2                              of the Internet; property stolen

 3                              $300 or more.

 4  817.563(1)         3rd      Sell or deliver substance other

 5                              than controlled substance agreed

 6                              upon, excluding s. 893.03(5)

 7                              drugs.

 8  817.568(2)(a)      3rd      Fraudulent use of personal

 9                              identification information.

10  817.625(2)(a)      3rd      Fraudulent use of scanning device

11                              or reencoder.

12  828.125(1)         2nd      Kill, maim, or cause great bodily

13                              harm or permanent breeding

14                              disability to any registered

15                              horse or cattle.

16  837.02(1)          3rd      Perjury in official proceedings.

17  837.021(1)         3rd      Make contradictory statements in

18                              official proceedings.

19  838.022            3rd      Official misconduct.

20  839.13(2)(a)       3rd      Falsifying records of an

21                              individual in the care and

22                              custody of a state agency.

23  839.13(2)(c)       3rd      Falsifying records of the

24                              Department of Children and Family

25                              Services.

26  843.021            3rd      Possession of a concealed

27                              handcuff key by a person in

28                              custody.

29  

30  

31  

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  843.025            3rd      Deprive law enforcement,

 2                              correctional, or correctional

 3                              probation officer of means of

 4                              protection or communication.

 5  843.15(1)(a)       3rd      Failure to appear while on bail

 6                              for felony (bond estreature or

 7                              bond jumping).

 8  874.05(1)          3rd      Encouraging or recruiting another

 9                              to join a criminal street gang.

10  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

11                              893.03(1)(a), (b), or (d),

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

13                              drugs).

14  914.14(2)          3rd      Witnesses accepting bribes.

15  914.22(1)          3rd      Force, threaten, etc., witness,

16                              victim, or informant.

17  914.23(2)          3rd      Retaliation against a witness,

18                              victim, or informant, no bodily

19                              injury.

20  918.12             3rd      Tampering with jurors.

21  934.215            3rd      Use of two-way communications

22                              device to facilitate commission

23                              of a crime.

24                              (e)  LEVEL 5

25  316.027(1)(a)      3rd      Accidents involving personal

26                              injuries, failure to stop;

27                              leaving scene.

28  316.1935(4)        2nd      Aggravated fleeing or eluding.

29  

30  

31  

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  322.34(6)          3rd      Careless operation of motor

 2                              vehicle with suspended license,

 3                              resulting in death or serious

 4                              bodily injury.

 5  327.30(5)          3rd      Vessel accidents involving

 6                              personal injury; leaving scene.

 7  381.0041

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

 9                              knowing HIV positive.

10  440.10(1)(g)       2nd      Failure to obtain workers'

11                              compensation coverage.

12  440.105(5)         2nd      Unlawful solicitation for the

13                              purpose of making workers'

14                              compensation claims.

15  440.381(2)         2nd      Submission of false, misleading,

16                              or incomplete information with

17                              the purpose of avoiding or

18                              reducing workers' compensation

19                              premiums.

20  624.401(4)(b)2.    2nd      Transacting insurance without a

21                              certificate or authority; premium

22                              collected $20,000 or more but

23                              less than $100,000.

24  626.902(1)(c)      2nd      Representing an unauthorized

25                              insurer; repeat offender.

26  790.01(2)          3rd      Carrying a concealed firearm.

27  790.162            2nd      Threat to throw or discharge

28                              destructive device.

29  790.163(1)         2nd      False report of deadly explosive

30                              or weapon of mass destruction.

31  

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




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

 2                              shotgun or machine gun.

 3  790.23             2nd      Felons in possession of firearms

 4                              or electronic weapons or devices.

 5  800.04(6)(c)       3rd      Lewd or lascivious conduct;

 6                              offender less than 18 years.

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

 8                              offender 18 years or older.

 9  806.111(1)         3rd      Possess, manufacture, or dispense

10                              fire bomb with intent to damage

11                              any structure or property.

12  812.0145(2)(b)     2nd      Theft from person 65 years of age

13                              or older; $10,000 or more but

14                              less than $50,000.

15  812.015(8)         3rd      Retail theft; property stolen is

16                              valued at $300 or more and one or

17                              more specified acts.

18  812.019(1)         2nd      Stolen property; dealing in or

19                              trafficking in.

20  812.131(2)(b)      3rd      Robbery by sudden snatching.

21  812.16(2)          3rd      Owning, operating, or conducting

22                              a chop shop.

23  817.034(4)(a)2.    2nd      Communications fraud, value

24                              $20,000 to $50,000.

25  817.234(11)(b)     2nd      Insurance fraud; property value

26                              $20,000 or more but less than

27                              $100,000.

28  

29  

30  

31  

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  817.2341(1),

 2   (2)(a)&(3)(a)     3rd      Filing false financial

 3                              statements, making false entries

 4                              of material fact or false

 5                              statements regarding property

 6                              values relating to the solvency

 7                              of an insuring entity.

 8  817.568(2)(b)      2nd      Fraudulent use of personal

 9                              identification information; value

10                              of benefit, services received,

11                              payment avoided, or amount of

12                              injury or fraud, $5,000 or more

13                              or use of personal identification

14                              information of 10 or more

15                              individuals.

16  817.625(2)(b)      2nd      Second or subsequent fraudulent

17                              use of scanning device or

18                              reencoder.

19  825.1025(4)        3rd      Lewd or lascivious exhibition in

20                              the presence of an elderly person

21                              or disabled adult.

22  827.071(4)         2nd      Possess with intent to promote

23                              any photographic material, motion

24                              picture, etc., which includes

25                              sexual conduct by a child.

26  839.13(2)(b)       2nd      Falsifying records of an

27                              individual in the care and

28                              custody of a state agency

29                              involving great bodily harm or

30                              death.

31  

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  843.01             3rd      Resist officer with violence to

 2                              person; resist arrest with

 3                              violence.

 4  874.05(2)          2nd      Encouraging or recruiting another

 5                              to join a criminal street gang;

 6                              second or subsequent offense.

 7  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

 8                              cocaine (or other s.

 9                              893.03(1)(a), (1)(b), (1)(d),

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

11                              drugs).

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

13                              cannabis (or other s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

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

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

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

18                              feet of a child care facility,

19                              school, or state, county, or

20                              municipal park or publicly owned

21                              recreational facility or

22                              community center.

23  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

24                              cocaine (or other s.

25                              893.03(1)(a), (1)(b), (1)(d),

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

27                              drugs) within 1,000 feet of

28                              university.

29  

30  

31  

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




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

 2                              cannabis or other drug prohibited

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

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

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

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

 7                              1,000 feet of property used for

 8                              religious services or a specified

 9                              business site.

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

11                              cocaine (or other s.

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

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

14                              drugs) within 1,000 feet of

15                              public housing facility.

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

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

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

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

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

21                              (f)  LEVEL 6

22  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

23                              conviction.

24  499.0051(3)        2nd      Forgery of pedigree papers.

25  499.0051(4)        2nd      Purchase or receipt of legend

26                              drug from unauthorized person.

27  499.0051(5)        2nd      Sale of legend drug to

28                              unauthorized person.

29  775.0875(1)        3rd      Taking firearm from law

30                              enforcement officer.

31  

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  775.21(10)         3rd      Sexual predators; failure to

 2                              register; failure to renew

 3                              driver's license or

 4                              identification card.

 5  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

 6                              without intent to kill.

 7  784.021(1)(b)      3rd      Aggravated assault; intent to

 8                              commit felony.

 9  784.041            3rd      Felony battery.

10  784.048(3)         3rd      Aggravated stalking; credible

11                              threat.

12  784.048(5)         3rd      Aggravated stalking of person

13                              under 16.

14  784.07(2)(c)       2nd      Aggravated assault on law

15                              enforcement officer.

16  784.074(1)(b)      2nd      Aggravated assault on sexually

17                              violent predators facility staff.

18  784.08(2)(b)       2nd      Aggravated assault on a person 65

19                              years of age or older.

20  784.081(2)         2nd      Aggravated assault on specified

21                              official or employee.

22  784.082(2)         2nd      Aggravated assault by detained

23                              person on visitor or other

24                              detainee.

25  784.083(2)         2nd      Aggravated assault on code

26                              inspector.

27  787.02(2)          3rd      False imprisonment; restraining

28                              with purpose other than those in

29                              s. 787.01.

30  790.115(2)(d)      2nd      Discharging firearm or weapon on

31                              school property.

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  790.161(2)         2nd      Make, possess, or throw

 2                              destructive device with intent to

 3                              do bodily harm or damage

 4                              property.

 5  790.164(1)         2nd      False report of deadly explosive,

 6                              weapon of mass destruction, or

 7                              act of arson or violence to state

 8                              property.

 9  790.19             2nd      Shooting or throwing deadly

10                              missiles into dwellings, vessels,

11                              or vehicles.

12  794.011(8)(a)      3rd      Solicitation of minor to

13                              participate in sexual activity by

14                              custodial adult.

15  794.05(1)          2nd      Unlawful sexual activity with

16                              specified minor.

17  800.04(5)(d)       3rd      Lewd or lascivious molestation;

18                              victim 12 years of age or older

19                              but less than 16 years; offender

20                              less than 18 years.

21  800.04(6)(b)       2nd      Lewd or lascivious conduct;

22                              offender 18 years of age or

23                              older.

24  806.031(2)         2nd      Arson resulting in great bodily

25                              harm to firefighter or any other

26                              person.

27  810.02(3)(c)       2nd      Burglary of occupied structure;

28                              unarmed; no assault or battery.

29  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

30                              but less than $100,000, grand

31                              theft in 2nd degree.

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  812.014(2)(b)2.    2nd      Property stolen; cargo valued at

 2                              less than $50,000, grand theft in

 3                              2nd degree.

 4  812.015(9)         2nd      Retail theft; property stolen

 5                              $300 or more; second or

 6                              subsequent conviction.

 7  812.13(2)(c)       2nd      Robbery, no firearm or other

 8                              weapon (strong-arm robbery).

 9  817.034(4)(a)1.    1st      Communications fraud, value

10                              greater than $50,000.

11  817.4821(5)        2nd      Possess cloning paraphernalia

12                              with intent to create cloned

13                              cellular telephones.

14  825.102(1)         3rd      Abuse of an elderly person or

15                              disabled adult.

16  825.102(3)(c)      3rd      Neglect of an elderly person or

17                              disabled adult.

18  825.1025(3)        3rd      Lewd or lascivious molestation of

19                              an elderly person or disabled

20                              adult.

21  825.103(2)(c)      3rd      Exploiting an elderly person or

22                              disabled adult and property is

23                              valued at less than $20,000.

24  827.03(1)          3rd      Abuse of a child.

25  827.03(3)(c)       3rd      Neglect of a child.

26  827.071(2)&(3)     2nd      Use or induce a child in a sexual

27                              performance, or promote or direct

28                              such performance.

29  836.05             2nd      Threats; extortion.

30  836.10             2nd      Written threats to kill or do

31                              bodily injury.

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  843.12             3rd      Aids or assists person to escape.

 2  847.0135(3)        3rd      Solicitation of a child, via a

 3                              computer service, to commit an

 4                              unlawful sex act.

 5  914.23             2nd      Retaliation against a witness,

 6                              victim, or informant, with bodily

 7                              injury.

 8  943.0435(9)        3rd      Sex offenders; failure to comply

 9                              with reporting requirements.

10  944.35(3)(a)2.     3rd      Committing malicious battery upon

11                              or inflicting cruel or inhuman

12                              treatment on an inmate or

13                              offender on community

14                              supervision, resulting in great

15                              bodily harm.

16  944.40             2nd      Escapes.

17  944.46             3rd      Harboring, concealing, aiding

18                              escaped prisoners.

19  944.47(1)(a)5.     2nd      Introduction of contraband

20                              (firearm, weapon, or explosive)

21                              into correctional facility.

22  951.22(1)          3rd      Intoxicating drug, firearm, or

23                              weapon introduced into county

24                              facility.

25                              (g)  LEVEL 7

26  316.027(1)(b)      2nd      Accident involving death, failure

27                              to stop; leaving scene.

28  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

29                              injury.

30  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

31                              bodily injury.

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  402.319(2)         2nd      Misrepresentation and negligence

 2                              or intentional act resulting in

 3                              great bodily harm, permanent

 4                              disfiguration, permanent

 5                              disability, or death.

 6  409.920(2)         3rd      Medicaid provider fraud.

 7  456.065(2)         3rd      Practicing a health care

 8                              profession without a license.

 9  456.065(2)         2nd      Practicing a health care

10                              profession without a license

11                              which results in serious bodily

12                              injury.

13  458.327(1)         3rd      Practicing medicine without a

14                              license.

15  459.013(1)         3rd      Practicing osteopathic medicine

16                              without a license.

17  460.411(1)         3rd      Practicing chiropractic medicine

18                              without a license.

19  461.012(1)         3rd      Practicing podiatric medicine

20                              without a license.

21  462.17             3rd      Practicing naturopathy without a

22                              license.

23  463.015(1)         3rd      Practicing optometry without a

24                              license.

25  464.016(1)         3rd      Practicing nursing without a

26                              license.

27  465.015(2)         3rd      Practicing pharmacy without a

28                              license.

29  466.026(1)         3rd      Practicing dentistry or dental

30                              hygiene without a license.

31  

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  467.201            3rd      Practicing midwifery without a

 2                              license.

 3  468.366            3rd      Delivering respiratory care

 4                              services without a license.

 5  483.828(1)         3rd      Practicing as clinical laboratory

 6                              personnel without a license.

 7  483.901(9)         3rd      Practicing medical physics

 8                              without a license.

 9  484.013(1)(c)      3rd      Preparing or dispensing optical

10                              devices without a prescription.

11  484.053            3rd      Dispensing hearing aids without a

12                              license.

13  494.0018(2)        1st      Conviction of any violation of

14                              ss. 494.001-494.0077 in which the

15                              total money and property

16                              unlawfully obtained exceeded

17                              $50,000 and there were five or

18                              more victims.

19  560.123(8)(b)1.    3rd      Failure to report currency or

20                              payment instruments exceeding

21                              $300 but less than $20,000 by

22                              money transmitter.

23  560.125(5)(a)      3rd      Money transmitter business by

24                              unauthorized person, currency or

25                              payment instruments exceeding

26                              $300 but less than $20,000.

27  655.50(10)(b)1.    3rd      Failure to report financial

28                              transactions exceeding $300 but

29                              less than $20,000 by financial

30                              institution.

31  

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  782.051(3)         2nd      Attempted felony murder of a

 2                              person by a person other than the

 3                              perpetrator or the perpetrator of

 4                              an attempted felony.

 5  782.07(1)          2nd      Killing of a human being by the

 6                              act, procurement, or culpable

 7                              negligence of another

 8                              (manslaughter).

 9  782.071            2nd      Killing of human being or viable

10                              fetus by the operation of a motor

11                              vehicle in a reckless manner

12                              (vehicular homicide).

13  782.072            2nd      Killing of a human being by the

14                              operation of a vessel in a

15                              reckless manner (vessel

16                              homicide).

17  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

18                              causing great bodily harm or

19                              disfigurement.

20  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

21                              weapon.

22  784.045(1)(b)      2nd      Aggravated battery; perpetrator

23                              aware victim pregnant.

24  784.048(4)         3rd      Aggravated stalking; violation of

25                              injunction or court order.

26  784.07(2)(d)       1st      Aggravated battery on law

27                              enforcement officer.

28  784.074(1)(a)      1st      Aggravated battery on sexually

29                              violent predators facility staff.

30  784.08(2)(a)       1st      Aggravated battery on a person 65

31                              years of age or older.

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  784.081(1)         1st      Aggravated battery on specified

 2                              official or employee.

 3  784.082(1)         1st      Aggravated battery by detained

 4                              person on visitor or other

 5                              detainee.

 6  784.083(1)         1st      Aggravated battery on code

 7                              inspector.

 8  790.07(4)          1st      Specified weapons violation

 9                              subsequent to previous conviction

10                              of s. 790.07(1) or (2).

11  790.16(1)          1st      Discharge of a machine gun under

12                              specified circumstances.

13  790.165(2)         2nd      Manufacture, sell, possess, or

14                              deliver hoax bomb.

15  790.165(3)         2nd      Possessing, displaying, or

16                              threatening to use any hoax bomb

17                              while committing or attempting to

18                              commit a felony.

19  790.166(3)         2nd      Possessing, selling, using, or

20                              attempting to use a hoax weapon

21                              of mass destruction.

22  790.166(4)         2nd      Possessing, displaying, or

23                              threatening to use a hoax weapon

24                              of mass destruction while

25                              committing or attempting to

26                              commit a felony.

27  796.03             2nd      Procuring any person under 16

28                              years for prostitution.

29  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

30                              victim less than 12 years of age;

31                              offender less than 18 years.

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

 2                              victim 12 years of age or older

 3                              but less than 16 years; offender

 4                              18 years or older.

 5  806.01(2)          2nd      Maliciously damage structure by

 6                              fire or explosive.

 7  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 8                              unarmed; no assault or battery.

 9  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

10                              unarmed; no assault or battery.

11  810.02(3)(d)       2nd      Burglary of occupied conveyance;

12                              unarmed; no assault or battery.

13  812.014(2)(a)      1st      Property stolen, valued at

14                              $100,000 or more; cargo stolen

15                              valued at $50,000 or more;

16                              property stolen while causing

17                              other property damage; 1st degree

18                              grand theft.

19  812.014(2)(b)3.    2nd      Property stolen, emergency

20                              medical equipment; 2nd degree

21                              grand theft.

22  812.0145(2)(a)     1st      Theft from person 65 years of age

23                              or older; $50,000 or more.

24  812.019(2)         1st      Stolen property; initiates,

25                              organizes, plans, etc., the theft

26                              of property and traffics in

27                              stolen property.

28  812.131(2)(a)      2nd      Robbery by sudden snatching.

29  812.133(2)(b)      1st      Carjacking; no firearm, deadly

30                              weapon, or other weapon.

31  

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  817.234(8)(a)      2nd      Solicitation of motor vehicle

 2                              accident victims with intent to

 3                              defraud.

 4  817.234(9)         2nd      Organizing, planning, or

 5                              participating in an intentional

 6                              motor vehicle collision.

 7  817.234(11)(c)     1st      Insurance fraud; property value

 8                              $100,000 or more.

 9  817.2341(2)(b)&

10   (3)(b)            1st      Making false entries of material

11                              fact or false statements

12                              regarding property values

13                              relating to the solvency of an

14                              insuring entity which are a

15                              significant cause of the

16                              insolvency of that entity.

17  825.102(3)(b)      2nd      Neglecting an elderly person or

18                              disabled adult causing great

19                              bodily harm, disability, or

20                              disfigurement.

21  825.103(2)(b)      2nd      Exploiting an elderly person or

22                              disabled adult and property is

23                              valued at $20,000 or more, but

24                              less than $100,000.

25  827.03(3)(b)       2nd      Neglect of a child causing great

26                              bodily harm, disability, or

27                              disfigurement.

28  827.04(3)          3rd      Impregnation of a child under 16

29                              years of age by person 21 years

30                              of age or older.

31  

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  837.05(2)          3rd      Giving false information about

 2                              alleged capital felony to a law

 3                              enforcement officer.

 4  838.015            2nd      Bribery.

 5  838.016            2nd      Unlawful compensation or reward

 6                              for official behavior.

 7  838.021(3)(a)      2nd      Unlawful harm to a public

 8                              servant.

 9  838.22             2nd      Bid tampering.

10  872.06             2nd      Abuse of a dead human body.

11  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

12                              cocaine (or other drug prohibited

13                              under s. 893.03(1)(a), (1)(b),

14                              (1)(d), (2)(a), (2)(b), or

15                              (2)(c)4.) within 1,000 feet of a

16                              child care facility, school, or

17                              state, county, or municipal park

18                              or publicly owned recreational

19                              facility or community center.

20  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

21                              cocaine or other drug prohibited

22                              under s. 893.03(1)(a), (1)(b),

23                              (1)(d), (2)(a), (2)(b), or

24                              (2)(c)4., within 1,000 feet of

25                              property used for religious

26                              services or a specified business

27                              site.

28  893.13(4)(a)       1st      Deliver to minor cocaine (or

29                              other s. 893.03(1)(a), (1)(b),

30                              (1)(d), (2)(a), (2)(b), or

31                              (2)(c)4. drugs).

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  893.135(1)(a)1.    1st      Trafficking in cannabis, more

 2                              than 25 lbs., less than 2,000

 3                              lbs.

 4  893.135

 5   (1)(b)1.a.        1st      Trafficking in cocaine, more than

 6                              28 grams, less than 200 grams.

 7  893.135

 8   (1)(c)1.a.        1st      Trafficking in illegal drugs,

 9                              more than 4 grams, less than 14

10                              grams.

11  893.135

12   (1)(d)1.          1st      Trafficking in phencyclidine,

13                              more than 28 grams, less than 200

14                              grams.

15  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

16                              than 200 grams, less than 5

17                              kilograms.

18  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

19                              than 14 grams, less than 28

20                              grams.

21  893.135

22   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

23                              grams or more, less than 14

24                              grams.

25  893.135

26   (1)(h)1.a.        1st      Trafficking in

27                              gamma-hydroxybutyric acid (GHB),

28                              1 kilogram or more, less than 5

29                              kilograms.

30  

31  

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1  893.135

 2   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

 3                              kilogram or more, less than 5

 4                              kilograms.

 5  893.135

 6   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

 7                              10 grams or more, less than 200

 8                              grams.

 9  896.101(5)(a)      3rd      Money laundering, financial

10                              transactions exceeding $300 but

11                              less than $20,000.

12  896.104(4)(a)1.    3rd      Structuring transactions to evade

13                              reporting or registration

14                              requirements, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17         Section 8.  This act shall take effect July 1, 2004.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 576
    308-1971-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 576

 3                                 

 4  -    Changes the catch line to s. 812.0145, F.S., to reflect
         that this section now deals with penalties for felony
 5       theft offenses against the elderly in lieu of
         reclassification of such offenses.
 6  
    -    Conforms s. 775.0877, F.S., relating to orders for HIV
 7       testing in certain assault and battery cases, and s.
         921.0022, F.S., relating to sentencing guidelines, to
 8       correct cross-references to ss. 784.08, 812.0145, and
         825.103, F.S., as amended by the bill which eliminated
 9       some reclassified felony offenses now subsumed by the new
         general felony reclassification statute, and resulted in
10       the renumbering of remaining paragraphs or subsections of
         those three statutes.
11  
    -    Makes a statutory cleanup to s. 921.0022, F.S., in which
12       the contents of history note 1 to cross-referenced s.
         590.28(1), F.S., are incorporated into the text of the
13       statute to reflect a change in the catch line of an
         offense. This change does not affect the offense severity
14       ranking level for this offense in any way.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  39

CODING: Words stricken are deletions; words underlined are additions.