Florida Senate - 2022                              CS for SB 796
       
       
        
       By the Committee on Criminal Justice; and Senator Bradley
       
       
       
       
       
       591-02277-22                                           2022796c1
    1                        A bill to be entitled                      
    2         An act relating to tampering with or fabricating
    3         physical evidence; amending s. 918.13, F.S.; providing
    4         enhanced criminal penalties for tampering with or
    5         fabricating physical evidence in certain criminal
    6         proceedings and investigations; amending s. 921.0022,
    7         F.S.; ranking offenses on the offense severity ranking
    8         chart of the Criminal Punishment Code; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 918.13, Florida Statutes, is amended to
   14  read:
   15         918.13 Tampering with or fabricating physical evidence.—
   16         (1) It is unlawful for any No person, knowing that a
   17  criminal trial, or proceeding, or an investigation by a duly
   18  constituted prosecuting authority, law enforcement agency, grand
   19  jury or legislative committee of this state is pending or is
   20  about to be instituted, to shall:
   21         (a) Alter, destroy, conceal, or remove any record,
   22  document, or other item thing with the purpose to impair its
   23  verity or availability in such proceeding or investigation; or
   24         (b) Make, present, or use any record, document, or other
   25  item thing, knowing it to be false.
   26         (2)(a)Except as provided in paragraph (b), a Any person
   27  who violates subsection (1) commits any provision of this
   28  section shall be guilty of a felony of the third degree,
   29  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   30         (b)A person who violates subsection (1) relating to a
   31  criminal trial, proceeding, or investigation that relates to a
   32  capital felony commits a felony of the second degree, punishable
   33  as provided in s. 775.082, s. 775.083, or s. 775.084.
   34         Section 2. Paragraphs (c) and (f) of subsection (3) of
   35  section 921.0022, Florida Statutes, are amended to read:
   36         921.0022 Criminal Punishment Code; offense severity ranking
   37  chart.—
   38         (3) OFFENSE SEVERITY RANKING CHART
   39         (c) LEVEL 3
   40  
   41  
   42  FloridaStatute    FelonyDegree           Description            
   43  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
   44  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
   45  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
   46  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
   47  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
   48  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
   49  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
   50  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
   51  327.35(2)(b)         3rd   Felony BUI.                       
   52  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
   53  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
   54  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
   55  379.2431 (1)(e)5.    3rd   Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
   56  379.2431 (1)(e)6.    3rd   Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
   57  379.2431 (1)(e)7.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
   58  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
   59  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
   60  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
   61  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
   62  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
   63  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
   64  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
   65  697.08               3rd   Equity skimming.                  
   66  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
   67  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
   68  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
   69  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
   70  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
   71  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
   72  812.015(8)(b)        3rd   Retail theft with intent to sell; conspires with others.
   73  812.081(2)           3rd   Theft of a trade secret.          
   74  815.04(5)(b)         2nd   Computer offense devised to defraud or obtain property.
   75  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
   76  817.233              3rd   Burning to defraud insurer.       
   77  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
   78  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
   79  817.236              3rd   Filing a false motor vehicle insurance application.
   80  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
   81  817.413(2)           3rd   Sale of used goods of $1,000 or more as new.
   82  817.49(2)(b)1.       3rd   Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
   83  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
   84  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
   85  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
   86  843.19               2nd   Injure, disable, or kill police, fire, or SAR canine or police horse.
   87  860.15(3)            3rd   Overcharging for repairs and parts.
   88  870.01(2)            3rd   Riot.                             
   89  870.01(4)            3rd   Inciting a riot.                  
   90  893.13(1)(a)2.       3rd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
   91  893.13(1)(d)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
   92  893.13(1)(f)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
   93  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
   94  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
   95  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
   96  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
   97  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
   98  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
   99  893.13(8)(a)1.       3rd   Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  100  893.13(8)(a)2.       3rd   Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  101  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  102  893.13(8)(a)4.       3rd   Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  103  918.13(1) 918.13(1)(a)   3rd   Tampering with or fabricating physical evidence Alter, destroy, or conceal investigation evidence.
  104  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
  105  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  106  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  107  
  108         (f) LEVEL 6
  109  
  110  
  111  FloridaStatute    FelonyDegree           Description            
  112  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
  113  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
  114  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
  115  499.0051(2)          2nd   Knowing forgery of transaction history, transaction information, or transaction statement.
  116  499.0051(3)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  117  499.0051(4)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  118  775.0875(1)          3rd   Taking firearm from law enforcement officer.
  119  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
  120  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
  121  784.041              3rd   Felony battery; domestic battery by strangulation.
  122  784.048(3)           3rd   Aggravated stalking; credible threat.
  123  784.048(5)           3rd   Aggravated stalking of person under 16.
  124  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
  125  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
  126  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
  127  784.081(2)           2nd   Aggravated assault on specified official or employee.
  128  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
  129  784.083(2)           2nd   Aggravated assault on code inspector.
  130  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  131  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
  132  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  133  790.164(1)           2nd   False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
  134  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  135  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  136  794.05(1)            2nd   Unlawful sexual activity with specified minor.
  137  800.04(5)(d)         3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
  138  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  139  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
  140  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
  141  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
  142  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  143  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
  144  812.015(9)(a)        2nd   Retail theft; property stolen $750 or more; second or subsequent conviction.
  145  812.015(9)(b)        2nd   Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  146  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  147  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  148  817.49(2)(b)2.       2nd   Willful making of a false report of a crime resulting in death.
  149  817.505(4)(b)        2nd   Patient brokering; 10 or more patients.
  150  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
  151  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
  152  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  153  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  154  827.03(2)(c)         3rd   Abuse of a child.                 
  155  827.03(2)(d)         3rd   Neglect of a child.               
  156  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  157  836.05               2nd   Threats; extortion.               
  158  836.10               2nd   Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  159  843.12               3rd   Aids or assists person to escape. 
  160  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  161  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
  162  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  163  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  164  918.13(2)(b)         2nd   Tampering with or fabricating physical evidence relating to a capital felony. 
  165  944.35(3)(a)2.       3rd   Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  166  944.40               2nd   Escapes.                          
  167  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
  168  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  169  951.22(1)(i)         3rd   Firearm or weapon introduced into county detention facility.
  170         Section 3. This act shall take effect October 1, 2022.