Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS/HB 1, 1st Eng.
       
       
       
       
       
       
                                Ì343996^Î343996                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/12/2021           .                                
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       The Committee on Appropriations (Farmer) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 316 - 1040
    4  and insert:
    5  a riot or an aggravated riot commits a misdemeanor of the first
    6  degree, punishable as provided in s. 775.082 or s. 775.083.
    7         Section 5. Subsection (2) of section 784.021, Florida
    8  Statutes, is amended, and subsection (3) is added to that
    9  section, to read:
   10         784.021 Aggravated assault.—
   11         (2) A person who Whoever commits an aggravated assault
   12  commits shall be guilty of a felony of the third degree,
   13  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   14         (3)For the purposes of sentencing under chapter 921, a
   15  violation of this section committed by a person acting in
   16  furtherance of a riot or an aggravated riot is ranked one level
   17  above the ranking under s. 921.0022 for the offense committed.
   18         Section 6. Section 784.03, Florida Statutes, is amended to
   19  read:
   20         784.03 Battery; felony battery.—
   21         (1)(a) The offense of battery occurs when a person:
   22         1. Actually and intentionally touches or strikes another
   23  person against the will of the other; or
   24         2. Intentionally causes bodily harm to another person.
   25         (b) Except as provided in subsection (2) or subsection (3),
   26  a person who commits battery commits a misdemeanor of the first
   27  degree, punishable as provided in s. 775.082 or s. 775.083.
   28         (2) A person who has one prior conviction for battery,
   29  aggravated battery, or felony battery and who commits any second
   30  or subsequent battery commits a felony of the third degree,
   31  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   32  For purposes of this subsection, “conviction” means a
   33  determination of guilt that is the result of a plea or a trial,
   34  regardless of whether adjudication is withheld or a plea of nolo
   35  contendere is entered.
   36         (3)A person who commits a battery in furtherance of a riot
   37  or an aggravated riot commits a felony of the third degree,
   38  punishable as provided in s. 775.082, s. 775.083, or 775.084.
   39         Section 7. Section 784.045, Florida Statutes, is amended to
   40  read:
   41         784.045 Aggravated battery.—
   42         (1)(a) A person commits aggravated battery who, in
   43  committing battery:
   44         1. Intentionally or knowingly causes great bodily harm,
   45  permanent disability, or permanent disfigurement; or
   46         2. Uses a deadly weapon.
   47         (b) A person commits aggravated battery if the person who
   48  was the victim of the battery was pregnant at the time of the
   49  offense and the offender knew or should have known that the
   50  victim was pregnant.
   51         (2) A person who violates subsection (1) commits Whoever
   52  commits aggravated battery shall be guilty of a felony of the
   53  second degree, punishable as provided in s. 775.082, s. 775.083,
   54  or s. 775.084.
   55         (3)For the purposes of sentencing under chapter 921, a
   56  violation of this section committed by a person acting in
   57  furtherance of a riot or an aggravated riot is ranked one level
   58  above the ranking under s. 921.0022 for the offense committed.
   59         Section 8. Section 784.0495, Florida Statutes, is created
   60  to read:
   61         784.0495Mob intimidation.—
   62         (1)It is unlawful for a person, assembled with two or more
   63  other persons and acting with a common intent, to use force or
   64  threaten to use imminent force, to compel or induce, or attempt
   65  to compel or induce, another person to do or refrain from doing
   66  any act or to assume, abandon, or maintain a particular
   67  viewpoint against his or her will.
   68         (2)A person who violates subsection (1) commits a
   69  misdemeanor of the first degree, punishable as provided in s.
   70  775.082 or s. 775.083.
   71         (3)A person arrested for a violation of this section shall
   72  be held in custody until brought before the court for admittance
   73  to bail in accordance with chapter 903.
   74         Section 9. Subsection (2) of section 784.07, Florida
   75  Statutes, is amended and subsection (4) is added to that
   76  section, to read:
   77         784.07 Assault or battery of law enforcement officers,
   78  firefighters, emergency medical care providers, public transit
   79  employees or agents, or other specified officers;
   80  reclassification of offenses; minimum sentences.—
   81         (2) Whenever any person is charged with knowingly
   82  committing an assault or battery upon a law enforcement officer,
   83  a firefighter, an emergency medical care provider, a railroad
   84  special officer, a traffic accident investigation officer as
   85  described in s. 316.640, a nonsworn law enforcement agency
   86  employee who is certified as an agency inspector, a blood
   87  alcohol analyst, or a breath test operator while such employee
   88  is in uniform and engaged in processing, testing, evaluating,
   89  analyzing, or transporting a person who is detained or under
   90  arrest for DUI, a law enforcement explorer, a traffic infraction
   91  enforcement officer as described in s. 316.640, a parking
   92  enforcement specialist as defined in s. 316.640, a person
   93  licensed as a security officer as defined in s. 493.6101 and
   94  wearing a uniform that bears at least one patch or emblem that
   95  is visible at all times that clearly identifies the employing
   96  agency and that clearly identifies the person as a licensed
   97  security officer, or a security officer employed by the board of
   98  trustees of a community college, while the officer, firefighter,
   99  emergency medical care provider, railroad special officer,
  100  traffic accident investigation officer, traffic infraction
  101  enforcement officer, inspector, analyst, operator, law
  102  enforcement explorer, parking enforcement specialist, public
  103  transit employee or agent, or security officer is engaged in the
  104  lawful performance of his or her duties, the offense for which
  105  the person is charged shall be reclassified as follows:
  106         (a) In the case of assault, from a misdemeanor of the
  107  second degree to a misdemeanor of the first degree.
  108         (b) In the case of battery, from a misdemeanor of the first
  109  degree to a felony of the third degree. Notwithstanding any
  110  other provision of law, a person convicted of battery upon a law
  111  enforcement officer committed in furtherance of a riot or an
  112  aggravated riot shall be sentenced to a minimum term of
  113  imprisonment of 6 months.
  114         (c) In the case of aggravated assault, from a felony of the
  115  third degree to a felony of the second degree. Notwithstanding
  116  any other provision of law, any person convicted of aggravated
  117  assault upon a law enforcement officer shall be sentenced to a
  118  minimum term of imprisonment of 3 years.
  119         (d) In the case of aggravated battery, from a felony of the
  120  second degree to a felony of the first degree. Notwithstanding
  121  any other provision of law, any person convicted of aggravated
  122  battery of a law enforcement officer shall be sentenced to a
  123  minimum term of imprisonment of 5 years.
  124         (4)For purposes of sentencing under chapter 921, a felony
  125  violation of this section committed by a person acting in
  126  furtherance of a riot or an aggravated riot is ranked one level
  127  above the ranking under s. 921.0022 for the offense committed.
  128         Section 10. Subsections (3) through (9) of section 806.13,
  129  Florida Statutes, are renumbered as subsections (4) through
  130  (10), respectively, a new subsection (3) is added to that
  131  section, and present subsection (8) of that section is amended,
  132  to read:
  133         806.13 Criminal mischief; penalties; penalty for minor.—
  134         (3)Any person who, without the consent of the owner
  135  thereof, willfully and maliciously defaces, injures, or
  136  otherwise damages by any means a memorial or historic property,
  137  as defined in s. 806.135(1), and the value of the damage to the
  138  memorial or historic property is greater than $200, commits a
  139  felony of the third degree, punishable as provided in s.
  140  775.082, s. 775.083, or s. 775.084. A court shall order any
  141  person convicted of violating this subsection to pay
  142  restitution, which shall include the full cost of repair or
  143  replacement of such memorial or historic property.
  144         (9)(8) A minor whose driver license or driving privilege is
  145  revoked, suspended, or withheld under subsection (8)(7) may
  146  elect to reduce the period of revocation, suspension, or
  147  withholding by performing community service at the rate of 1 day
  148  for each hour of community service performed. In addition, if
  149  the court determines that due to a family hardship, the minor’s
  150  driver license or driving privilege is necessary for employment
  151  or medical purposes of the minor or a member of the minor’s
  152  family, the court shall order the minor to perform community
  153  service and reduce the period of revocation, suspension, or
  154  withholding at the rate of 1 day for each hour of community
  155  service performed. As used in this subsection, the term
  156  “community service” means cleaning graffiti from public
  157  property.
  158         Section 11. Section 806.135, Florida Statutes, is created
  159  to read:
  160         806.135Destroying or demolishing a memorial or historic
  161  property.—
  162         (1)As used in this section, the term:
  163         (a)“Historic property” means any building, structure,
  164  site, or object that has been officially designated as a
  165  historic building, historic structure, historic site, or
  166  historic object through a federal, state, or local designation
  167  program.
  168         (b)“Memorial” means a plaque, statue, marker, flag,
  169  banner, cenotaph, religious symbol, painting, seal, tombstone,
  170  structure name, or display that is constructed and located with
  171  the intent of being permanently displayed or perpetually
  172  maintained; is dedicated to a historical person, an entity, an
  173  event, or a series of events; and honors or recounts the
  174  military service of any past or present United States Armed
  175  Forces military personnel, or the past or present public service
  176  of a resident of the geographical area comprising the state or
  177  the United States. The term includes, but is not limited to, the
  178  following memorials established under chapter 265:
  179         1.Florida Women’s Hall of Fame.
  180         2.Florida Medal of Honor Wall.
  181         3.Florida Veterans’ Hall of Fame.
  182         4.POW-MIA Chair of Honor Memorial.
  183         5.Florida Veterans’ Walk of Honor and Florida Veterans’
  184  Memorial Garden.
  185         6.Florida Law Enforcement Officers’ Hall of Fame.
  186         7.Florida Holocaust Memorial.
  187         8.Florida Slavery Memorial.
  188         9.Any other memorial located within the Capitol Complex,
  189  including, but not limited to, Waller Park.
  190         (2)It is unlawful for any person to willfully and
  191  maliciously destroy or demolish any memorial or historic
  192  property, or willfully and maliciously pull down a memorial or
  193  historic property, unless authorized by the owner of the
  194  memorial or historic property. A person who violates this
  195  section commits a felony of the second degree, punishable as
  196  provided in s. 775.082, s. 775.083, or s. 775.084.
  197         (3)A court shall order any person convicted of violating
  198  this section to pay restitution, which shall include the full
  199  cost of repair or replacement of such memorial or historic
  200  property.
  201         Section 12. Subsections (3) and (4) of section 810.02,
  202  Florida Statutes, are amended to read:
  203         810.02 Burglary.—
  204         (3) Burglary is a felony of the second degree, punishable
  205  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
  206  course of committing the offense, the offender does not make an
  207  assault or battery and is not and does not become armed with a
  208  dangerous weapon or explosive, and the offender enters or
  209  remains in a:
  210         (a) Dwelling, and there is another person in the dwelling
  211  at the time the offender enters or remains;
  212         (b) Dwelling, and there is not another person in the
  213  dwelling at the time the offender enters or remains;
  214         (c) Structure, and there is another person in the structure
  215  at the time the offender enters or remains;
  216         (d) Conveyance, and there is another person in the
  217  conveyance at the time the offender enters or remains;
  218         (e) Authorized emergency vehicle, as defined in s. 316.003;
  219  or
  220         (f) Structure or conveyance when the offense intended to be
  221  committed therein is theft of a controlled substance as defined
  222  in s. 893.02. Notwithstanding any other law, separate judgments
  223  and sentences for burglary with the intent to commit theft of a
  224  controlled substance under this paragraph and for any applicable
  225  possession of controlled substance offense under s. 893.13 or
  226  trafficking in controlled substance offense under s. 893.135 may
  227  be imposed when all such offenses involve the same amount or
  228  amounts of a controlled substance.
  229  
  230  However, if the burglary is committed during a riot or an
  231  aggravated riot and the perpetration of the burglary is
  232  facilitated by conditions arising from the riot; or within a
  233  county that is subject to a state of emergency declared by the
  234  Governor under chapter 252 after the declaration of emergency is
  235  made and the perpetration of the burglary is facilitated by
  236  conditions arising from the emergency, the burglary is a felony
  237  of the first degree, punishable as provided in s. 775.082, s.
  238  775.083, or s. 775.084. As used in this subsection, the term
  239  “conditions arising from the riot” means civil unrest, power
  240  outages, curfews, or a reduction in the presence of or response
  241  time for first responders or homeland security personnel and the
  242  term “conditions arising from the emergency” means civil unrest,
  243  power outages, curfews, voluntary or mandatory evacuations, or a
  244  reduction in the presence of or response time for first
  245  responders or homeland security personnel. A person arrested for
  246  committing a burglary during a riot or an aggravated riot or
  247  within a county that is subject to such a state of emergency may
  248  not be released until the person appears before a committing
  249  magistrate at a first appearance hearing. For purposes of
  250  sentencing under chapter 921, a felony offense that is
  251  reclassified under this subsection is ranked one level above the
  252  ranking under s. 921.0022 or s. 921.0023 of the offense
  253  committed.
  254         (4) Burglary is a felony of the third degree, punishable as
  255  provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
  256  course of committing the offense, the offender does not make an
  257  assault or battery and is not and does not become armed with a
  258  dangerous weapon or explosive, and the offender enters or
  259  remains in a:
  260         (a) Structure, and there is not another person in the
  261  structure at the time the offender enters or remains; or
  262         (b) Conveyance, and there is not another person in the
  263  conveyance at the time the offender enters or remains.
  264  
  265  However, if the burglary is committed during a riot or an
  266  aggravated riot and the perpetration of the burglary is
  267  facilitated by conditions arising from the riot; or within a
  268  county that is subject to a state of emergency declared by the
  269  Governor under chapter 252 after the declaration of emergency is
  270  made and the perpetration of the burglary is facilitated by
  271  conditions arising from the emergency, the burglary is a felony
  272  of the second degree, punishable as provided in s. 775.082, s.
  273  775.083, or s. 775.084. As used in this subsection, the terms
  274  “conditions arising from the riot” and term “conditions arising
  275  from the emergency” have the same meanings as provided in
  276  subsection (3) means civil unrest, power outages, curfews,
  277  voluntary or mandatory evacuations, or a reduction in the
  278  presence of or response time for first responders or homeland
  279  security personnel. A person arrested for committing a burglary
  280  during a riot or an aggravated riot or within a county that is
  281  subject to such a state of emergency may not be released until
  282  the person appears before a committing magistrate at a first
  283  appearance hearing. For purposes of sentencing under chapter
  284  921, a felony offense that is reclassified under this subsection
  285  is ranked one level above the ranking under s. 921.0022 or s.
  286  921.0023 of the offense committed.
  287         Section 13. Paragraphs (b) and (c) of subsection (2) of
  288  section 812.014, Florida Statutes, are amended to read:
  289         812.014 Theft.—
  290         (2) 
  291         (b)1. If the property stolen is valued at $20,000 or more,
  292  but less than $100,000;
  293         2. The property stolen is cargo valued at less than $50,000
  294  that has entered the stream of interstate or intrastate commerce
  295  from the shipper’s loading platform to the consignee’s receiving
  296  dock;
  297         3. The property stolen is emergency medical equipment,
  298  valued at $300 or more, that is taken from a facility licensed
  299  under chapter 395 or from an aircraft or vehicle permitted under
  300  chapter 401; or
  301         4. The property stolen is law enforcement equipment, valued
  302  at $300 or more, that is taken from an authorized emergency
  303  vehicle, as defined in s. 316.003,
  304  
  305  the offender commits grand theft in the second degree,
  306  punishable as a felony of the second degree, as provided in s.
  307  775.082, s. 775.083, or s. 775.084. Emergency medical equipment
  308  means mechanical or electronic apparatus used to provide
  309  emergency services and care as defined in s. 395.002(9) or to
  310  treat medical emergencies. Law enforcement equipment means any
  311  property, device, or apparatus used by any law enforcement
  312  officer as defined in s. 943.10 in the officer’s official
  313  business. However, if the property is stolen during a riot or an
  314  aggravated riot and the perpetration of the theft is facilitated
  315  by conditions arising from the riot; or within a county that is
  316  subject to a state of emergency declared by the Governor under
  317  chapter 252, the theft is committed after the declaration of
  318  emergency is made, and the perpetration of the theft is
  319  facilitated by conditions arising from the emergency, the theft
  320  is a felony of the first degree, punishable as provided in s.
  321  775.082, s. 775.083, or s. 775.084. As used in this paragraph,
  322  the term “conditions arising from the riot” means civil unrest,
  323  power outages, curfews, or a reduction in the presence of or
  324  response time for first responders or homeland security
  325  personnel and the term “conditions arising from the emergency”
  326  means civil unrest, power outages, curfews, voluntary or
  327  mandatory evacuations, or a reduction in the presence of or
  328  response time for first responders or homeland security
  329  personnel. A person arrested for committing a theft during a
  330  riot or an aggravated riot or within a county that is subject to
  331  a state of emergency may not be released until the person
  332  appears before a committing magistrate at a first appearance
  333  hearing. For purposes of sentencing under chapter 921, a felony
  334  offense that is reclassified under this paragraph is ranked one
  335  level above the ranking under s. 921.0022 or s. 921.0023 of the
  336  offense committed.
  337         (c) It is grand theft of the third degree and a felony of
  338  the third degree, punishable as provided in s. 775.082, s.
  339  775.083, or s. 775.084, if the property stolen is:
  340         1. Valued at $750 or more, but less than $5,000.
  341         2. Valued at $5,000 or more, but less than $10,000.
  342         3. Valued at $10,000 or more, but less than $20,000.
  343         4. A will, codicil, or other testamentary instrument.
  344         5. A firearm.
  345         6. A motor vehicle, except as provided in paragraph (a).
  346         7. Any commercially farmed animal, including any animal of
  347  the equine, avian, bovine, or swine class or other grazing
  348  animal; a bee colony of a registered beekeeper; and aquaculture
  349  species raised at a certified aquaculture facility. If the
  350  property stolen is a commercially farmed animal, including an
  351  animal of the equine, avian, bovine, or swine class or other
  352  grazing animal; a bee colony of a registered beekeeper; or an
  353  aquaculture species raised at a certified aquaculture facility,
  354  a $10,000 fine shall be imposed.
  355         8. Any fire extinguisher that, at the time of the taking,
  356  was installed in any building for the purpose of fire prevention
  357  and control. This subparagraph does not apply to a fire
  358  extinguisher taken from the inventory at a point-of-sale
  359  business.
  360         9. Any amount of citrus fruit consisting of 2,000 or more
  361  individual pieces of fruit.
  362         10. Taken from a designated construction site identified by
  363  the posting of a sign as provided for in s. 810.09(2)(d).
  364         11. Any stop sign.
  365         12. Anhydrous ammonia.
  366         13. Any amount of a controlled substance as defined in s.
  367  893.02. Notwithstanding any other law, separate judgments and
  368  sentences for theft of a controlled substance under this
  369  subparagraph and for any applicable possession of controlled
  370  substance offense under s. 893.13 or trafficking in controlled
  371  substance offense under s. 893.135 may be imposed when all such
  372  offenses involve the same amount or amounts of a controlled
  373  substance.
  374  
  375  However, if the property is stolen during a riot or an
  376  aggravated riot and the perpetration of the theft is facilitated
  377  by conditions arising from the riot; or within a county that is
  378  subject to a state of emergency declared by the Governor under
  379  chapter 252, the property is stolen after the declaration of
  380  emergency is made, and the perpetration of the theft is
  381  facilitated by conditions arising from the emergency, the
  382  offender commits a felony of the second degree, punishable as
  383  provided in s. 775.082, s. 775.083, or s. 775.084, if the
  384  property is valued at $5,000 or more, but less than $10,000, as
  385  provided under subparagraph 2., or if the property is valued at
  386  $10,000 or more, but less than $20,000, as provided under
  387  subparagraph 3. As used in this paragraph, the terms “conditions
  388  arising from a riot” and term “conditions arising from the
  389  emergency” have the same meanings as provided in paragraph (b).
  390  A person arrested for committing a theft during a riot or an
  391  aggravated riot or within a county that is subject to a state of
  392  emergency may not be released until the person appears before a
  393  committing magistrate at a first appearance hearing means civil
  394  unrest, power outages, curfews, voluntary or mandatory
  395  evacuations, or a reduction in the presence of or the response
  396  time for first responders or homeland security personnel. For
  397  purposes of sentencing under chapter 921, a felony offense that
  398  is reclassified under this paragraph is ranked one level above
  399  the ranking under s. 921.0022 or s. 921.0023 of the offense
  400  committed.
  401         Section 14. Section 836.115, Florida Statutes, is created
  402  to read:
  403         836.115Cyberintimidation by publication.—
  404         (1)As used in this section, the term:
  405         (a)“Electronically publish” means to disseminate, post, or
  406  otherwise disclose information to an Internet site or forum.
  407         (b)“Harass” has the same meaning as provided in s.
  408  817.568(1)(c).
  409         (c)“Personal identification information” has the same
  410  meaning as provided in s. 817.568(1)(f).
  411         (2)It is unlawful for a person to electronically publish
  412  another person’s personal identification information with the
  413  intent to, or with the intent that a third party will use the
  414  information to:
  415         (a)Incite violence or commit a crime against the person;
  416  or
  417         (b)Threaten or harass the person, placing such person in
  418  reasonable fear of bodily harm.
  419  
  420  A person who violates this subsection commits a misdemeanor of a
  421  first degree, punishable as provided in s. 775.082 or s.
  422  775.083.
  423         Section 15. Section 870.02, Florida Statutes, is amended to
  424  read:
  425         870.02 Unlawful assemblies.—
  426         (1) If three or more persons meet together to commit a
  427  breach of the peace, or to do any other unlawful act, each of
  428  them commits shall be guilty of a misdemeanor of the second
  429  degree, punishable as provided in s. 775.082 or s. 775.083.
  430         (2)A person arrested for a violation of this section shall
  431  be held in custody until brought before the court for admittance
  432  to bail in accordance with chapter 903.
  433         Section 16. Section 870.03, Florida Statutes, is repealed.
  434         Section 17. Section 870.07, Florida Statutes, is created to
  435  read:
  436         870.07Affirmative defense in civil action; party convicted
  437  of riot.—
  438         (1)In a civil action for damages for personal injury,
  439  wrongful death, or property damage, it is an affirmative defense
  440  that such action arose from an injury or damage sustained by a
  441  participant acting in furtherance of a riot. The affirmative
  442  defense authorized by this section shall be established by
  443  evidence that the participant has been convicted of a riot or an
  444  aggravated riot, or by proof of the commission of such crime by
  445  a preponderance of the evidence.
  446         (2)In a civil action in which a defendant raises an
  447  affirmative defense under this section, the court must, on
  448  motion by the defendant, stay the action during the pendency of
  449  a criminal action that forms the basis for the defense, unless
  450  the court finds that a conviction in the criminal action would
  451  not form a valid defense under this section.
  452         Section 18. Subsections (3) through (6) of section 872.02,
  453  Florida Statutes, are renumbered as subsections (4) through (7),
  454  respectively, a new subsection (3) is added to that section,
  455  subsections (1) and (2) of that section are republished, and
  456  present subsection (6) of that section is amended, to read:
  457         872.02 Injuring or removing tomb or monument; disturbing
  458  contents of grave or tomb; penalties.—
  459         (1) A person commits a felony of the third degree,
  460  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  461  if he or she:
  462         (a) Willfully and knowingly destroys, mutilates, defaces,
  463  injures, or removes any tomb, monument, gravestone, burial
  464  mound, earthen or shell monument containing human skeletal
  465  remains or associated burial artifacts, or other structure or
  466  thing placed or designed for a memorial of the dead, or any
  467  fence, railing, curb, or other thing intended for the protection
  468  or ornamentation of any tomb, monument, gravestone, burial
  469  mound, earthen or shell monument containing human skeletal
  470  remains or associated burial artifacts, or other structure
  471  before mentioned, or for any enclosure for the burial of the
  472  dead; or
  473         (b) Willfully destroys, mutilates, removes, cuts, breaks,
  474  or injures any tree, shrub, or plant placed or being within any
  475  such enclosure, except for a person performing routine
  476  maintenance and upkeep.
  477         (2) A person who willfully and knowingly excavates,
  478  exposes, moves, removes, or otherwise disturbs the contents of a
  479  grave or tomb commits a felony of the second degree, punishable
  480  as provided in s. 775.082, s. 775.083, or s. 775.084.
  481         (3)For purposes of sentencing under chapter 921, a
  482  violation of this section, committed by a person in furtherance
  483  of a riot or an aggravated riot is ranked one level above the
  484  ranking under s. 921.0022 or s. 921.0023 for the offense
  485  committed.
  486         (7)(6) If a legally authorized person refuses to sign a
  487  written authorization, as provided in paragraph (6)(a)(5)(a), or
  488  if a legally authorized person objects, as provided in paragraph
  489  (6)(b) (5)(b), a public hearing shall be held before the county
  490  commission of the county where the cemetery is located, or the
  491  city council, if the cemetery is located in a municipality, and
  492  the county commission or the city council shall have the
  493  authority to grant a request for relocation of the contents of
  494  such graves or tombs.
  495         Section 19. Paragraphs (b), (c), and (d) of subsection (3)
  496  of section 921.0022, Florida Statutes, are amended to read:
  497         921.0022 Criminal Punishment Code; offense severity ranking
  498  chart.—
  499         (3) OFFENSE SEVERITY RANKING CHART
  500         (b) LEVEL 2
  501  
  502  
  503  FloridaStatute    FelonyDegree           Description            
  504  379.2431 (1)(e)3.    3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  505  379.2431 (1)(e)4.    3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  506  403.413(6)(c)        3rd   Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
  507  517.07(2)            3rd   Failure to furnish a prospectus meeting requirements.
  508  590.28(1)            3rd   Intentional burning of lands.     
  509  784.03(3)            3rd   Battery during a riot or an aggravated riot.
  510  784.05(3)            3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  511  787.04(1)            3rd   In violation of court order, take, entice, etc., minor beyond state limits.
  512  806.13(1)(b)3.       3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
  513  
  514  
  515  
  516  806.13(3)            3rd   Criminal mischief; damage of $200 or more to a memorial or historic property.
  517  810.061(2)           3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  518  810.09(2)(e)         3rd   Trespassing on posted commercial horticulture property.
  519  812.014(2)(c)1.      3rd   Grand theft, 3rd degree; $750 or more but less than $5,000.
  520  812.014(2)(d)        3rd   Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
  521  812.015(7)           3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  522  817.234(1)(a)2.      3rd   False statement in support of insurance claim.
  523  817.481(3)(a)        3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  524  817.52(3)            3rd   Failure to redeliver hired vehicle.
  525  817.54               3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  526  817.60(5)            3rd   Dealing in credit cards of another.
  527  817.60(6)(a)         3rd   Forgery; purchase goods, services with false card.
  528  817.61               3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  529  826.04               3rd   Knowingly marries or has sexual intercourse with person to whom related.
  530  831.01               3rd   Forgery.                          
  531  831.02               3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  532  831.07               3rd   Forging bank bills, checks, drafts, or promissory notes.
  533  831.08               3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  534  831.09               3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  535  831.11               3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  536  832.05(3)(a)         3rd   Cashing or depositing item with intent to defraud.
  537  843.08               3rd   False personation.                
  538  893.13(2)(a)2.       3rd   Purchase of any 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 other than cannabis.
  539  893.147(2)           3rd   Manufacture or delivery of drug paraphernalia.
  540  
  541  
  542         (c) LEVEL 3
  543  
  544  
  545  FloridaStatute    FelonyDegree           Description            
  546  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
  547  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
  548  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
  549  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  550  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  551  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  552  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
  553  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  554  327.35(2)(b)         3rd   Felony BUI.                       
  555  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  556  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  557  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  558  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.
  559  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.
  560  379.2431 (1)(e)7.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  561  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
  562  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
  563  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  564  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
  565  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
  566  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  567  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
  568  697.08               3rd   Equity skimming.                  
  569  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
  570  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  571  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
  572  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  573  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
  574  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  575  812.015(8)(b)        3rd   Retail theft with intent to sell; conspires with others.
  576  815.04(5)(b)         2nd   Computer offense devised to defraud or obtain property.
  577  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  578  817.233              3rd   Burning to defraud insurer.       
  579  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  580  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
  581  817.236              3rd   Filing a false motor vehicle insurance application.
  582  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  583  817.413(2)           3rd   Sale of used goods of $1,000 or more as new.
  584  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
  585  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
  586  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
  587  843.19               2nd   Injure, disable, or kill police, fire, or SAR canine or police horse.
  588  860.15(3)            3rd   Overcharging for repairs and parts.
  589  870.01(2)            3rd   Riot; inciting or encouraging.    
  590  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).
  591  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.
  592  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.
  593  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
  594  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
  595  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  596  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  597  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
  598  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  599  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.
  600  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.
  601  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  602  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.
  603  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
  604  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
  605  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  606  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  607  
  608         (d) LEVEL 4
  609  
  610  
  611  FloridaStatute    FelonyDegree           Description            
  612  316.1935(3)(a)       2nd   Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  613  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  614  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  615  517.07(1)            3rd   Failure to register securities.   
  616  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
  617  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  618  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  619  784.075              3rd   Battery on detention or commitment facility staff.
  620  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  621  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  622  784.081(3)           3rd   Battery on specified official or employee.
  623  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  624  784.083(3)           3rd   Battery on code inspector.        
  625  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  626  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  627  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  628  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  629  787.07               3rd   Human smuggling.                  
  630  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  631  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  632  790.115(2)(c)        3rd   Possessing firearm on school property.
  633  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  634  806.135              2nd   Destroying or demolishing a memorial or historic property.
  635  
  636  
  637  
  638  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  639  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  640  810.06               3rd   Burglary; possession of tools.    
  641  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  642  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  643  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree; specified items.
  644  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  645  817.505(4)(a)        3rd   Patient brokering.                
  646  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  647  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  648  817.625(2)(a)        3rd   Fraudulent use of scanning device, skimming device, or reencoder.
  649  817.625(2)(c)        3rd   Possess, sell, or deliver skimming device.
  650  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  651  837.02(1)            3rd   Perjury in official proceedings.  
  652  837.021(1)           3rd   Make contradictory statements in official proceedings.
  653  838.022              3rd   Official misconduct.              
  654  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  655  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
  656  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  657  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  658  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  659  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  660  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  661  893.13(2)(a)1.       2nd   Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
  662  914.14(2)            3rd   Witnesses accepting bribes.       
  663  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  664  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  665  916.1085 (2)(c)1.    3rd   Introduction of specified contraband into certain DCF facilities.
  666  918.12               3rd   Tampering with jurors.            
  667  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  668  944.47(1)(a)6.       3rd   Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  669  951.22(1)(h), (j) & (k)   3rd   Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
  670  
  671  
  672  ================= T I T L E  A M E N D M E N T ================
  673  And the title is amended as follows:
  674         Delete lines 74 - 84.