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                                                   HOUSE AMENDMENT

    268-236X-38                                   Bill No. HB 1269

    Amendment No.     (TECHNICAL AMENDMENT)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Rules, Resolutions, & Ethics offered the

12  following:

13

14         Technical Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

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.

 4

 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

14

15  Florida           Felony

16  Statute           Degree             Description

17

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

                                  2

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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.

                                  3

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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

                                  4

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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

20

21  Florida           Felony

22  Statute           Degree             Description

23

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.

19

20

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

25

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

 4         offense

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