CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
268-236X-38 Bill No. HB 1269
Amendment No. (TECHNICAL AMENDMENT)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Rules, Resolutions, & Ethics offered the
12 following:
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14 Technical Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
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17 and insert in lieu thereof:
18 Section 1. Section 782.071, Florida Statutes, is
19 amended to read:
20 782.071 Vehicular homicide.--"Vehicular homicide" is
21 the killing of a human being, or the killing of an unborn
22 quick child by any injury to the mother of such child which
23 would be vehicular homicide if it resulted in the death of
24 such mother, by the operation of a motor vehicle by another in
25 a reckless manner likely to cause the death of, or great
26 bodily harm to, another. Vehicular homicide is:
27 (1) A felony of the third degree, punishable as
28 provided in s. 775.082, s. 775.083, or s. 775.084.
29 (2) A felony of the second degree, punishable as
30 provided in s. 775.082, s. 775.083, or s. 775.084, if:
31 (a) At the time of the accident, the person knew, or
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HOUSE AMENDMENT
268-236X-38 Bill No. HB 1269
Amendment No. (TECHNICAL AMENDMENT)
1 should have known, that the accident occurred; and
2 (b) The person failed to give information and render
3 aid as required by s. 316.062.
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5 This subsection does not require that the person knew that the
6 accident resulted in injury or death.
7 Section 2. For the purpose of incorporating the
8 amendment to section 782.071, Florida Statutes, in references
9 thereto, the sections or subdivisions of Florida Statutes set
10 forth below are reenacted to read:
11 921.0022 Criminal Punishment Code; offense severity
12 ranking chart.--
13 (3) OFFENSE SEVERITY RANKING CHART
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15 Florida Felony
16 Statute Degree Description
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18 (h) LEVEL 8
19 316.193
20 (3)(c)3.a. 2nd DUI manslaughter.
21 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
22 777.03(2)(a) 1st Accessory after the fact, capital
23 felony.
24 782.04(4) 2nd Killing of human without design
25 when engaged in act or attempt of
26 any felony other than arson,
27 sexual battery, robbery,
28 burglary, kidnapping, aircraft
29 piracy, or unlawfully discharging
30 bomb.
31
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HOUSE AMENDMENT
268-236X-38 Bill No. HB 1269
Amendment No. (TECHNICAL AMENDMENT)
1 782.071(2) 2nd Committing vehicular homicide and
2 failing to render aid or give
3 information.
4 782.072(2) 2nd Committing vessel homicide and
5 failing to render aid or give
6 information.
7 790.161(3) 1st Discharging a destructive device
8 which results in bodily harm or
9 property damage.
10 794.011(5) 2nd Sexual battery, victim 12 years
11 or over, offender does not use
12 physical force likely to cause
13 serious injury.
14 806.01(1) 1st Maliciously damage dwelling or
15 structure by fire or explosive,
16 believing person in structure.
17 810.02(2)(a) 1st,PBL Burglary with assault or battery.
18 810.02(2)(b) 1st,PBL Burglary; armed with explosives
19 or dangerous weapon.
20 810.02(2)(c) 1st Burglary of a dwelling or
21 structure causing structural
22 damage or $1,000 or more property
23 damage.
24 812.13(2)(b) 1st Robbery with a weapon.
25 812.135(2) 1st Home-invasion robbery.
26 825.102(2) 2nd Aggravated abuse of an elderly
27 person or disabled adult.
28 825.103(2)(a) 1st Exploiting an elderly person or
29 disabled adult and property is
30 valued at $100,000 or more.
31 827.03(2) 2nd Aggravated child abuse.
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HOUSE AMENDMENT
268-236X-38 Bill No. HB 1269
Amendment No. (TECHNICAL AMENDMENT)
1 860.121(2)(c) 1st Shooting at or throwing any
2 object in path of railroad
3 vehicle resulting in great bodily
4 harm.
5 860.16 1st Aircraft piracy.
6 893.13(1)(b) 1st Sell or deliver in excess of 10
7 grams of any substance specified
8 in s. 893.03(1)(a) or (b).
9 893.13(2)(b) 1st Purchase in excess of 10 grams of
10 any substance specified in s.
11 893.03(1)(a) or (b).
12 893.13(6)(c) 1st Possess in excess of 10 grams of
13 any substance specified in s.
14 893.03(1)(a) or (b).
15 893.135(1)(a)2. 1st Trafficking in cannabis, more
16 than 2,000 lbs., less than 10,000
17 lbs.
18 893.135
19 (1)(b)1.b. 1st Trafficking in cocaine, more than
20 200 grams, less than 400 grams.
21 893.135
22 (1)(c)1.b. 1st Trafficking in illegal drugs,
23 more than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(d)1.b. 1st Trafficking in phencyclidine,
27 more than 200 grams, less than
28 400 grams.
29 893.135
30 (1)(e)1.b. 1st Trafficking in methaqualone, more
31 than 5 kilograms, less than 25
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HOUSE AMENDMENT
268-236X-38 Bill No. HB 1269
Amendment No. (TECHNICAL AMENDMENT)
1 kilograms.
2 893.135
3 (1)(f)1.b. 1st Trafficking in amphetamine, more
4 than 28 grams, less than 200
5 grams.
6 895.03(1) 1st Use or invest proceeds derived
7 from pattern of racketeering
8 activity.
9 895.03(2) 1st Acquire or maintain through
10 racketeering activity any
11 interest in or control of any
12 enterprise or real property.
13 895.03(3) 1st Conduct or participate in any
14 enterprise through pattern of
15 racketeering activity.
16 960.03 Definitions.--As used in ss. 960.01-960.28,
17 unless the context otherwise requires, the term:
18 (3) "Crime" means:
19 (a) A felony or misdemeanor offense committed by
20 either an adult or a juvenile which results in physical injury
21 or death. The term also includes any such criminal act which
22 is committed within this state but which falls exclusively
23 within federal jurisdiction.
24 (b) A violation of s. 316.193, s. 316.027(1), or s.
25 782.071(2), which results in physical injury or death;
26 however, no other act involving the operation of a motor
27 vehicle, boat, or aircraft which results in injury or death
28 shall constitute a crime for the purpose of this chapter
29 unless the injury or death was intentionally inflicted through
30 the use of such vehicle, boat, or aircraft or unless such
31 vehicle, boat, or aircraft is an implement of a crime to which
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HOUSE AMENDMENT
268-236X-38 Bill No. HB 1269
Amendment No. (TECHNICAL AMENDMENT)
1 this act applies.
2 (c) A criminal act committed outside of this state
3 against a resident of this state that would have been
4 compensable if it had occurred in this state and that occurred
5 in a state that does not have an eligible crime victim
6 compensation program as the term is defined in the federal
7 Victims of Crime Act of 1984.
8 (d) An act of mass violence or an act of international
9 terrorism, as defined in 18 U.S.C. s. 2331, that is committed
10 outside of the territorial boundaries of the United States
11 upon a resident of this state, when such act results in
12 physical injury or death and the person is not eligible for
13 compensation under Title VIII of the Omnibus Diplomatic
14 Security and Antiterrorism Act of 1986.
15 Section 3. Paragraph (g) of subsection (3) of section
16 921.0022, Florida Statutes, is amended to read:
17 921.0022 Criminal Punishment Code; offense severity
18 ranking chart.--
19 (3) OFFENSE SEVERITY RANKING CHART
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21 Florida Felony
22 Statute Degree Description
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24 (g) LEVEL 7
25 316.193(3)(c)2. 3rd DUI resulting in serious bodily
26 injury.
27 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
28 bodily injury.
29 409.920(2) 3rd Medicaid provider fraud.
30 494.0018(2) 1st Conviction of any violation of
31 ss. 494.001-494.0077 in which the
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HOUSE AMENDMENT
268-236X-38 Bill No. HB 1269
Amendment No. (TECHNICAL AMENDMENT)
1 total money and property
2 unlawfully obtained exceeded
3 $50,000 and there were five or
4 more victims.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071 3rd Killing of human being or unborn
10 child by the operation of a motor
11 vehicle in a reckless manner
12 (vehicular homicide).
13 782.072 3rd Killing of a human being by the
14 operation of a vessel in a
15 reckless manner (vessel
16 homicide).
17 784.045(1)(a)1. 2nd Aggravated battery; intentionally
18 causing great bodily harm or
19 disfigurement.
20 784.045(1)(a)2. 2nd Aggravated battery; using deadly
21 weapon.
22 784.045(1)(b) 2nd Aggravated battery; perpetrator
23 aware victim pregnant.
24 784.048(4) 3rd Aggravated stalking; violation of
25 injunction or court order.
26 784.07(2)(d) 1st Aggravated battery on law
27 enforcement officer.
28 784.08(2)(a) 1st Aggravated battery on a person 65
29 years of age or older.
30 784.081(1) 1st Aggravated battery on specified
31 official or employee.
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HOUSE AMENDMENT
268-236X-38 Bill No. HB 1269
Amendment No. (TECHNICAL AMENDMENT)
1 784.082(1) 1st Aggravated battery by detained
2 person on visitor or other
3 detainee.
4 790.07(4) 1st Specified weapons violation
5 subsequent to previous conviction
6 of s. 790.07(1) or (2).
7 790.16(1) 1st Discharge of a machine gun under
8 specified circumstances.
9 796.03 2nd Procuring any person under 16
10 years for prostitution.
11 800.04 2nd Handle, fondle, or assault child
12 under 16 years in lewd,
13 lascivious, or indecent manner.
14 806.01(2) 2nd Maliciously damage structure by
15 fire or explosive.
16 810.02(3)(a) 2nd Burglary of occupied dwelling;
17 unarmed; no assault or battery.
18 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
19 unarmed; no assault or battery.
20 810.02(3)(d) 2nd Burglary of occupied conveyance;
21 unarmed; no assault or battery.
22 812.014(2)(a) 1st Property stolen, valued at
23 $100,000 or more; property stolen
24 while causing other property
25 damage; 1st degree grand theft.
26 812.019(2) 1st Stolen property; initiates,
27 organizes, plans, etc., the theft
28 of property and traffics in
29 stolen property.
30 812.133(2)(b) 1st Carjacking; no firearm, deadly
31 weapon, or other weapon.
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HOUSE AMENDMENT
268-236X-38 Bill No. HB 1269
Amendment No. (TECHNICAL AMENDMENT)
1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.1025(2) 2nd Lewd or lascivious battery upon
6 an elderly person or disabled
7 adult.
8 825.103(2)(b) 2nd Exploiting an elderly person or
9 disabled adult and property is
10 valued at $20,000 or more, but
11 less than $100,000.
12 827.03(3)(b) 2nd Neglect of a child causing great
13 bodily harm, disability, or
14 disfigurement.
15 827.04(4) 3rd Impregnation of a child under 16
16 years of age by person 21 years
17 of age or older.
18 872.06 2nd Abuse of a dead human body.
19 893.13(1)(c)1. 1st Sell, manufacture, or deliver
20 cocaine (or other s.
21 893.03(1)(a), (1)(b), (1)(d),
22 (2)(a), or (2)(b) drugs) within
23 1,000 feet of a school.
24 893.13(4)(a) 1st Deliver to minor cocaine (or
25 other s. 893.03(1)(a), (1)(b),
26 (1)(d), (2)(a), or (2)(b) drugs).
27 893.135(1)(a)1. 1st Trafficking in cannabis, more
28 than 50 lbs., less than 2,000
29 lbs.
30 893.135
31 (1)(b)1.a. 1st Trafficking in cocaine, more than
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HOUSE AMENDMENT
268-236X-38 Bill No. HB 1269
Amendment No. (TECHNICAL AMENDMENT)
1 28 grams, less than 200 grams.
2 893.135
3 (1)(c)1.a. 1st Trafficking in illegal drugs,
4 more than 4 grams, less than 14
5 grams.
6 893.135
7 (1)(d)1. 1st Trafficking in phencyclidine,
8 more than 28 grams, less than 200
9 grams.
10 893.135(1)(e)1. 1st Trafficking in methaqualone, more
11 than 200 grams, less than 5
12 kilograms.
13 893.135(1)(f)1. 1st Trafficking in amphetamine, more
14 than 14 grams, less than 28
15 grams.
16 Section 4. This act shall take effect October 1 of the
17 year in which enacted, and shall apply to offenses committed
18 on or after that date.
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21 ================ T I T L E A M E N D M E N T ===============
22 And the title is amended as follows:
23 On page 1, lines 8-14,
24 remove from the title of the bill: all of said lines
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26 and insert in lieu thereof:
27 penalties; reenacting ss. 921.0022(3)(h) and
28 960.03(3), F.S., relating to the Criminal
29 Punishment Code offense severity ranking chart
30 and the definition of "crime" with respect to
31 the Florida Crimes Compensation Act,
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HOUSE AMENDMENT
268-236X-38 Bill No. HB 1269
Amendment No. (TECHNICAL AMENDMENT)
1 respectively, to incorporate said amendment in
2 references; amending s. 921.0022, F.S.,
3 relating to the Criminal Punishment Code
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