Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS/HB 1, 1st Eng.
       
       
       
       
       
       
                                Ì627558QÎ627558                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  04/12/2021           .                                
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       The Committee on Appropriations (Farmer) recommended the
       following:
       
    1         Senate Substitute for Amendment (343996) (with title
    2  amendment)
    3  
    4         Delete lines 316 - 1040
    5  and insert:
    6  a riot commits a misdemeanor of the first degree, punishable as
    7  provided in s. 775.082 or s. 775.083.
    8         Section 5. Subsection (2) of section 784.021, Florida
    9  Statutes, is amended, and subsection (3) is added to that
   10  section, to read:
   11         784.021 Aggravated assault.—
   12         (2) A person who Whoever commits an aggravated assault
   13  commits shall be guilty of a felony of the third degree,
   14  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   15         (3)For the purposes of sentencing under chapter 921, a
   16  violation of this section committed by a person acting in
   17  furtherance of a riot is ranked one level above the ranking
   18  under s. 921.0022 for the offense committed.
   19         Section 6. Section 784.03, Florida Statutes, is amended to
   20  read:
   21         784.03 Battery; felony battery.—
   22         (1)(a) The offense of battery occurs when a person:
   23         1. Actually and intentionally touches or strikes another
   24  person against the will of the other; or
   25         2. Intentionally causes bodily harm to another person.
   26         (b) Except as provided in subsection (2) or subsection (3),
   27  a person who commits battery commits a misdemeanor of the first
   28  degree, punishable as provided in s. 775.082 or s. 775.083.
   29         (2) A person who has one prior conviction for battery,
   30  aggravated battery, or felony battery and who commits any second
   31  or subsequent battery commits a felony of the third degree,
   32  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   33  For purposes of this subsection, “conviction” means a
   34  determination of guilt that is the result of a plea or a trial,
   35  regardless of whether adjudication is withheld or a plea of nolo
   36  contendere is entered.
   37         (3)A person who commits a battery in furtherance of a riot
   38  commits a felony of the third degree, punishable as provided in
   39  s. 775.082, s. 775.083, or 775.084.
   40         Section 7. Section 784.045, Florida Statutes, is amended to
   41  read:
   42         784.045 Aggravated battery.—
   43         (1)(a) A person commits aggravated battery who, in
   44  committing battery:
   45         1. Intentionally or knowingly causes great bodily harm,
   46  permanent disability, or permanent disfigurement; or
   47         2. Uses a deadly weapon.
   48         (b) A person commits aggravated battery if the person who
   49  was the victim of the battery was pregnant at the time of the
   50  offense and the offender knew or should have known that the
   51  victim was pregnant.
   52         (2) A person who violates subsection (1) commits Whoever
   53  commits aggravated battery shall be guilty of a felony of the
   54  second degree, punishable as provided in s. 775.082, s. 775.083,
   55  or s. 775.084.
   56         (3)For the purposes of sentencing under chapter 921, a
   57  violation of this section committed by a person acting in
   58  furtherance of a riot is ranked one level above the ranking
   59  under s. 921.0022 for the offense committed.
   60         Section 8. Section 784.0495, Florida Statutes, is created
   61  to read:
   62         784.0495Mob intimidation.—
   63         (1)It is unlawful for a person, assembled with two or more
   64  other persons and acting with a common intent, to use force or
   65  threaten to use imminent force, to compel or induce, or attempt
   66  to compel or induce, another person to do or refrain from doing
   67  any act or to assume, abandon, or maintain a particular
   68  viewpoint against his or her will.
   69         (2)A person who violates subsection (1) commits a
   70  misdemeanor of the first degree, punishable as provided in s.
   71  775.082 or s. 775.083.
   72         (3)A person arrested for a violation of this section shall
   73  be held in custody until brought before the court for admittance
   74  to bail in accordance with chapter 903.
   75         Section 9. Subsection (2) of section 784.07, Florida
   76  Statutes, is amended, and subsection (4) is added to that
   77  section, to read:
   78         784.07 Assault or battery of law enforcement officers,
   79  firefighters, emergency medical care providers, public transit
   80  employees or agents, or other specified officers;
   81  reclassification of offenses; minimum sentences.—
   82         (2) Whenever any person is charged with knowingly
   83  committing an assault or battery upon a law enforcement officer,
   84  a firefighter, an emergency medical care provider, a railroad
   85  special officer, a traffic accident investigation officer as
   86  described in s. 316.640, a nonsworn law enforcement agency
   87  employee who is certified as an agency inspector, a blood
   88  alcohol analyst, or a breath test operator while such employee
   89  is in uniform and engaged in processing, testing, evaluating,
   90  analyzing, or transporting a person who is detained or under
   91  arrest for DUI, a law enforcement explorer, a traffic infraction
   92  enforcement officer as described in s. 316.640, a parking
   93  enforcement specialist as defined in s. 316.640, a person
   94  licensed as a security officer as defined in s. 493.6101 and
   95  wearing a uniform that bears at least one patch or emblem that
   96  is visible at all times that clearly identifies the employing
   97  agency and that clearly identifies the person as a licensed
   98  security officer, or a security officer employed by the board of
   99  trustees of a community college, while the officer, firefighter,
  100  emergency medical care provider, railroad special officer,
  101  traffic accident investigation officer, traffic infraction
  102  enforcement officer, inspector, analyst, operator, law
  103  enforcement explorer, parking enforcement specialist, public
  104  transit employee or agent, or security officer is engaged in the
  105  lawful performance of his or her duties, the offense for which
  106  the person is charged shall be reclassified as follows:
  107         (a) In the case of assault, from a misdemeanor of the
  108  second degree to a misdemeanor of the first degree.
  109         (b) In the case of battery, from a misdemeanor of the first
  110  degree to a felony of the third degree. Notwithstanding any
  111  other provision of law, a person convicted of battery upon a law
  112  enforcement officer committed in furtherance of a riot shall be
  113  sentenced to a minimum term of 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 is ranked one level above the ranking
  127  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 and the
  231  perpetration of the burglary is facilitated by conditions
  232  arising from the riot; or within a county that is subject to a
  233  state of emergency declared by the Governor under chapter 252
  234  after the declaration of emergency is made and the perpetration
  235  of the burglary is facilitated by conditions arising from the
  236  emergency, the burglary is a felony of the first degree,
  237  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  238  As used in this subsection, the term “conditions arising from
  239  the riot” means civil unrest, power outages, curfews, or a
  240  reduction in the presence of or response time for first
  241  responders or homeland security personnel and the term
  242  “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 within a county that is
  247  subject to such a state of emergency may not be released until
  248  the person appears before a committing magistrate at a first
  249  appearance hearing. For purposes of sentencing under chapter
  250  921, a felony offense that is reclassified under this subsection
  251  is ranked one level above the ranking under s. 921.0022 or s.
  252  921.0023 of the offense committed.
  253         (4) Burglary is a felony of the third degree, punishable as
  254  provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
  255  course of committing the offense, the offender does not make an
  256  assault or battery and is not and does not become armed with a
  257  dangerous weapon or explosive, and the offender enters or
  258  remains in a:
  259         (a) Structure, and there is not another person in the
  260  structure at the time the offender enters or remains; or
  261         (b) Conveyance, and there is not another person in the
  262  conveyance at the time the offender enters or remains.
  263  
  264  However, if the burglary is committed during a riot and the
  265  perpetration of the burglary is facilitated by conditions
  266  arising from the riot; or within a county that is subject to a
  267  state of emergency declared by the Governor under chapter 252
  268  after the declaration of emergency is made and the perpetration
  269  of the burglary is facilitated by conditions arising from the
  270  emergency, the burglary is a felony of the second degree,
  271  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  272  As used in this subsection, the terms “conditions arising from
  273  the riot” and term “conditions arising from the emergency” have
  274  the same meanings as provided in subsection (3) means civil
  275  unrest, power outages, curfews, voluntary or mandatory
  276  evacuations, or a reduction in the presence of or response time
  277  for first responders or homeland security personnel. A person
  278  arrested for committing a burglary during a riot or within a
  279  county that is subject to such a state of emergency may not be
  280  released until the person appears before a committing magistrate
  281  at a first appearance hearing. For purposes of sentencing under
  282  chapter 921, a felony offense that is reclassified under this
  283  subsection is ranked one level above the ranking under s.
  284  921.0022 or s. 921.0023 of the offense committed.
  285         Section 13. Paragraphs (b) and (c) of subsection (2) of
  286  section 812.014, Florida Statutes, are amended to read:
  287         812.014 Theft.—
  288         (2) 
  289         (b)1. If the property stolen is valued at $20,000 or more,
  290  but less than $100,000;
  291         2. The property stolen is cargo valued at less than $50,000
  292  that has entered the stream of interstate or intrastate commerce
  293  from the shipper’s loading platform to the consignee’s receiving
  294  dock;
  295         3. The property stolen is emergency medical equipment,
  296  valued at $300 or more, that is taken from a facility licensed
  297  under chapter 395 or from an aircraft or vehicle permitted under
  298  chapter 401; or
  299         4. The property stolen is law enforcement equipment, valued
  300  at $300 or more, that is taken from an authorized emergency
  301  vehicle, as defined in s. 316.003,
  302  
  303  the offender commits grand theft in the second degree,
  304  punishable as a felony of the second degree, as provided in s.
  305  775.082, s. 775.083, or s. 775.084. Emergency medical equipment
  306  means mechanical or electronic apparatus used to provide
  307  emergency services and care as defined in s. 395.002(9) or to
  308  treat medical emergencies. Law enforcement equipment means any
  309  property, device, or apparatus used by any law enforcement
  310  officer as defined in s. 943.10 in the officer’s official
  311  business. However, if the property is stolen during a riot and
  312  the perpetration of the theft is facilitated by conditions
  313  arising from the riot; or within a county that is subject to a
  314  state of emergency declared by the Governor under chapter 252,
  315  the theft is committed after the declaration of emergency is
  316  made, and the perpetration of the theft is facilitated by
  317  conditions arising from the emergency, the theft is a felony of
  318  the first degree, punishable as provided in s. 775.082, s.
  319  775.083, or s. 775.084. As used in this paragraph, the term
  320  “conditions arising from the riot” means civil unrest, power
  321  outages, curfews, or a reduction in the presence of or response
  322  time for first responders or homeland security personnel and the
  323  term “conditions arising from the emergency” means civil unrest,
  324  power outages, curfews, voluntary or mandatory evacuations, or a
  325  reduction in the presence of or response time for first
  326  responders or homeland security personnel. A person arrested for
  327  committing a theft during a riot or within a county that is
  328  subject to a state of emergency may not be released until the
  329  person appears before a committing magistrate at a first
  330  appearance hearing. For purposes of sentencing under chapter
  331  921, a felony offense that is reclassified under this paragraph
  332  is ranked one level above the ranking under s. 921.0022 or s.
  333  921.0023 of the offense committed.
  334         (c) It is grand theft of the third degree and a felony of
  335  the third degree, punishable as provided in s. 775.082, s.
  336  775.083, or s. 775.084, if the property stolen is:
  337         1. Valued at $750 or more, but less than $5,000.
  338         2. Valued at $5,000 or more, but less than $10,000.
  339         3. Valued at $10,000 or more, but less than $20,000.
  340         4. A will, codicil, or other testamentary instrument.
  341         5. A firearm.
  342         6. A motor vehicle, except as provided in paragraph (a).
  343         7. Any commercially farmed animal, including any animal of
  344  the equine, avian, bovine, or swine class or other grazing
  345  animal; a bee colony of a registered beekeeper; and aquaculture
  346  species raised at a certified aquaculture facility. If the
  347  property stolen is a commercially farmed animal, including an
  348  animal of the equine, avian, bovine, or swine class or other
  349  grazing animal; a bee colony of a registered beekeeper; or an
  350  aquaculture species raised at a certified aquaculture facility,
  351  a $10,000 fine shall be imposed.
  352         8. Any fire extinguisher that, at the time of the taking,
  353  was installed in any building for the purpose of fire prevention
  354  and control. This subparagraph does not apply to a fire
  355  extinguisher taken from the inventory at a point-of-sale
  356  business.
  357         9. Any amount of citrus fruit consisting of 2,000 or more
  358  individual pieces of fruit.
  359         10. Taken from a designated construction site identified by
  360  the posting of a sign as provided for in s. 810.09(2)(d).
  361         11. Any stop sign.
  362         12. Anhydrous ammonia.
  363         13. Any amount of a controlled substance as defined in s.
  364  893.02. Notwithstanding any other law, separate judgments and
  365  sentences for theft of a controlled substance under this
  366  subparagraph and for any applicable possession of controlled
  367  substance offense under s. 893.13 or trafficking in controlled
  368  substance offense under s. 893.135 may be imposed when all such
  369  offenses involve the same amount or amounts of a controlled
  370  substance.
  371  
  372  However, if the property is stolen during a riot and the
  373  perpetration of the theft is facilitated by conditions arising
  374  from the riot; or within a county that is subject to a state of
  375  emergency declared by the Governor under chapter 252, the
  376  property is stolen after the declaration of emergency is made,
  377  and the perpetration of the theft is facilitated by conditions
  378  arising from the emergency, the offender commits a felony of the
  379  second degree, punishable as provided in s. 775.082, s. 775.083,
  380  or s. 775.084, if the property is valued at $5,000 or more, but
  381  less than $10,000, as provided under subparagraph 2., or if the
  382  property is valued at $10,000 or more, but less than $20,000, as
  383  provided under subparagraph 3. As used in this paragraph, the
  384  terms “conditions arising from a riot” and term “conditions
  385  arising from the emergency” have the same meanings as provided
  386  in paragraph (b). A person arrested for committing a theft
  387  during a riot or within a county that is subject to a state of
  388  emergency may not be released until the person appears before a
  389  committing magistrate at a first appearance hearing means civil
  390  unrest, power outages, curfews, voluntary or mandatory
  391  evacuations, or a reduction in the presence of or the response
  392  time for first responders or homeland security personnel. For
  393  purposes of sentencing under chapter 921, a felony offense that
  394  is reclassified under this paragraph is ranked one level above
  395  the ranking under s. 921.0022 or s. 921.0023 of the offense
  396  committed.
  397         Section 14. Section 836.115, Florida Statutes, is created
  398  to read:
  399         836.115Cyberintimidation by publication.—
  400         (1)As used in this section, the term:
  401         (a)“Electronically publish” means to disseminate, post, or
  402  otherwise disclose information to an Internet site or forum.
  403         (b)“Harass” has the same meaning as provided in s.
  404  817.568(1)(c).
  405         (c)“Personal identification information” has the same
  406  meaning as provided in s. 817.568(1)(f).
  407         (2)It is unlawful for a person to electronically publish
  408  another person’s personal identification information with the
  409  intent to, or with the intent that a third party will use the
  410  information to:
  411         (a)Incite violence or commit a crime against the person;
  412  or
  413         (b)Threaten or harass the person, placing such person in
  414  reasonable fear of bodily harm.
  415  
  416  A person who violates this subsection commits a misdemeanor of a
  417  first degree, punishable as provided in s. 775.082 or s.
  418  775.083.
  419         Section 15. Section 870.02, Florida Statutes, is amended to
  420  read:
  421         870.02 Unlawful assemblies.—
  422         (1) If three or more persons meet together to commit a
  423  breach of the peace, or to do any other unlawful act, each of
  424  them commits shall be guilty of a misdemeanor of the second
  425  degree, punishable as provided in s. 775.082 or s. 775.083.
  426         (2)A person arrested for a violation of this section shall
  427  be held in custody until brought before the court for admittance
  428  to bail in accordance with chapter 903.
  429         Section 16. Section 870.03, Florida Statutes, is repealed.
  430         Section 17. Section 870.07, Florida Statutes, is created to
  431  read:
  432         870.07Affirmative defense in civil action; party convicted
  433  of riot.—
  434         (1)In a civil action for damages for personal injury,
  435  wrongful death, or property damage, it is an affirmative defense
  436  that such action arose from an injury or damage sustained by a
  437  participant acting in furtherance of a riot. The affirmative
  438  defense authorized by this section shall be established by
  439  evidence that the participant has been convicted of rioting, or
  440  by proof of the commission of such crime by a preponderance of
  441  the evidence.
  442         (2)In a civil action in which a defendant raises an
  443  affirmative defense under this section, the court must, on
  444  motion by the defendant, stay the action during the pendency of
  445  a criminal action that forms the basis for the defense, unless
  446  the court finds that a conviction in the criminal action would
  447  not form a valid defense under this section.
  448         Section 18. Subsections (3) through (6) of section 872.02,
  449  Florida Statutes, are renumbered as subsections (4) through (7),
  450  respectively, a new subsection (3) is added to that section,
  451  subsections (1) and (2) of that section are republished, and
  452  present subsection (6) of that section is amended, to read:
  453         872.02 Injuring or removing tomb or monument; disturbing
  454  contents of grave or tomb; penalties.—
  455         (1) A person commits a felony of the third degree,
  456  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  457  if he or she:
  458         (a) Willfully and knowingly destroys, mutilates, defaces,
  459  injures, or removes any tomb, monument, gravestone, burial
  460  mound, earthen or shell monument containing human skeletal
  461  remains or associated burial artifacts, or other structure or
  462  thing placed or designed for a memorial of the dead, or any
  463  fence, railing, curb, or other thing intended for the protection
  464  or ornamentation of any tomb, monument, gravestone, burial
  465  mound, earthen or shell monument containing human skeletal
  466  remains or associated burial artifacts, or other structure
  467  before mentioned, or for any enclosure for the burial of the
  468  dead; or
  469         (b) Willfully destroys, mutilates, removes, cuts, breaks,
  470  or injures any tree, shrub, or plant placed or being within any
  471  such enclosure, except for a person performing routine
  472  maintenance and upkeep.
  473         (2) A person who willfully and knowingly excavates,
  474  exposes, moves, removes, or otherwise disturbs the contents of a
  475  grave or tomb commits a felony of the second degree, punishable
  476  as provided in s. 775.082, s. 775.083, or s. 775.084.
  477         (3)For purposes of sentencing under chapter 921, a
  478  violation of this section, committed by a person in furtherance
  479  of a riot is ranked one level above the ranking under s.
  480  921.0022 or s. 921.0023 for the offense committed.
  481         (7)(6) If a legally authorized person refuses to sign a
  482  written authorization, as provided in paragraph (6)(a)(5)(a), or
  483  if a legally authorized person objects, as provided in paragraph
  484  (6)(b) (5)(b), a public hearing shall be held before the county
  485  commission of the county where the cemetery is located, or the
  486  city council, if the cemetery is located in a municipality, and
  487  the county commission or the city council shall have the
  488  authority to grant a request for relocation of the contents of
  489  such graves or tombs.
  490         Section 19. Paragraphs (b), (c), and (d) of subsection (3)
  491  of section 921.0022, Florida Statutes, are amended to read:
  492         921.0022 Criminal Punishment Code; offense severity ranking
  493  chart.—
  494         (3) OFFENSE SEVERITY RANKING CHART
  495         (b) LEVEL 2
  496  
  497  FloridaStatute    FelonyDegree           Description            
  498  379.2431 (1)(e)3.    3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  499  379.2431 (1)(e)4.    3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  500  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.
  501  517.07(2)            3rd   Failure to furnish a prospectus meeting requirements.
  502  590.28(1)            3rd   Intentional burning of lands.     
  503  784.03(3)            3rd   Battery during a riot.            
  504  784.05(3)            3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  505  787.04(1)            3rd   In violation of court order, take, entice, etc., minor beyond state limits.
  506  806.13(1)(b)3.       3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
  507  806.13(3)            3rd   Criminal mischief; damage of $200 or more to a memorial or historic property.
  508  810.061(2)           3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  509  810.09(2)(e)         3rd   Trespassing on posted commercial horticulture property.
  510  812.014(2)(c)1.      3rd   Grand theft, 3rd degree; $750 or more but less than $5,000.
  511  812.014(2)(d)        3rd   Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
  512  812.015(7)           3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  513  817.234(1)(a)2.      3rd   False statement in support of insurance claim.
  514  817.481(3)(a)        3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  515  817.52(3)            3rd   Failure to redeliver hired vehicle.
  516  817.54               3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  517  817.60(5)            3rd   Dealing in credit cards of another.
  518  817.60(6)(a)         3rd   Forgery; purchase goods, services with false card.
  519  817.61               3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  520  826.04               3rd   Knowingly marries or has sexual intercourse with person to whom related.
  521  831.01               3rd   Forgery.                          
  522  831.02               3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  523  831.07               3rd   Forging bank bills, checks, drafts, or promissory notes.
  524  831.08               3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  525  831.09               3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  526  831.11               3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  527  832.05(3)(a)         3rd   Cashing or depositing item with intent to defraud.
  528  843.08               3rd   False personation.                
  529  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.
  530  893.147(2)           3rd   Manufacture or delivery of drug paraphernalia.
  531  
  532         (c) LEVEL 3
  533  
  534  FloridaStatute    FelonyDegree           Description            
  535  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
  536  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
  537  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
  538  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  539  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  540  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  541  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
  542  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  543  327.35(2)(b)         3rd   Felony BUI.                       
  544  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  545  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  546  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  547  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.
  548  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.
  549  379.2431 (1)(e)7.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  550  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
  551  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
  552  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  553  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
  554  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
  555  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  556  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
  557  697.08               3rd   Equity skimming.                  
  558  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
  559  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  560  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
  561  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  562  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
  563  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  564  812.015(8)(b)        3rd   Retail theft with intent to sell; conspires with others.
  565  815.04(5)(b)         2nd   Computer offense devised to defraud or obtain property.
  566  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  567  817.233              3rd   Burning to defraud insurer.       
  568  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  569  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
  570  817.236              3rd   Filing a false motor vehicle insurance application.
  571  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  572  817.413(2)           3rd   Sale of used goods of $1,000 or more as new.
  573  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
  574  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
  575  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
  576  843.19               2nd   Injure, disable, or kill police, fire, or SAR canine or police horse.
  577  860.15(3)            3rd   Overcharging for repairs and parts.
  578  870.01(2)            3rd   Riot; inciting or encouraging.    
  579  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).
  580  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.
  581  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.
  582  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
  583  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
  584  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  585  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  586  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
  587  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  588  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.
  589  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.
  590  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  591  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.
  592  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
  593  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
  594  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  595  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  596  
  597         (d) LEVEL 4
  598  
  599  FloridaStatute    FelonyDegree           Description            
  600  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.
  601  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  602  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  603  517.07(1)            3rd   Failure to register securities.   
  604  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
  605  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  606  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  607  784.075              3rd   Battery on detention or commitment facility staff.
  608  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  609  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  610  784.081(3)           3rd   Battery on specified official or employee.
  611  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  612  784.083(3)           3rd   Battery on code inspector.        
  613  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  614  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  615  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  616  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  617  787.07               3rd   Human smuggling.                  
  618  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  619  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  620  790.115(2)(c)        3rd   Possessing firearm on school property.
  621  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  622  806.135              2nd   Destroying or demolishing a memorial or historic property.
  623  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  624  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  625  810.06               3rd   Burglary; possession of tools.    
  626  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  627  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  628  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree; specified items.
  629  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  630  817.505(4)(a)        3rd   Patient brokering.                
  631  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  632  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  633  817.625(2)(a)        3rd   Fraudulent use of scanning device, skimming device, or reencoder.
  634  817.625(2)(c)        3rd   Possess, sell, or deliver skimming device.
  635  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  636  837.02(1)            3rd   Perjury in official proceedings.  
  637  837.021(1)           3rd   Make contradictory statements in official proceedings.
  638  838.022              3rd   Official misconduct.              
  639  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  640  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
  641  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  642  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  643  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  644  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  645  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  646  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).
  647  914.14(2)            3rd   Witnesses accepting bribes.       
  648  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  649  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  650  916.1085 (2)(c)1.    3rd   Introduction of specified contraband into certain DCF facilities.
  651  918.12               3rd   Tampering with jurors.            
  652  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  653  944.47(1)(a)6.       3rd   Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  654  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.
  655  
  656  ================= T I T L E  A M E N D M E N T ================
  657  And the title is amended as follows:
  658         Delete lines 74 - 84.