House Bill 1727e1

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                                   CS/HB 1727, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to assault and battery upon

  3         code inspectors; creating s. 784.083, F.S.;

  4         providing enhanced penalties for assault or

  5         aggravated assault or battery or aggravated

  6         battery upon a "code inspector," as defined;

  7         amending s. 921.0022, F.S., relating to the

  8         Criminal Punishment Code offense severity

  9         ranking chart; providing for ranking of the

10         offenses of aggravated assault upon a code

11         inspector, battery upon a code inspector, and

12         aggravated battery upon a code inspector;

13         providing an effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Section 784.083, Florida Statutes, is

18  created to read:

19         784.083  Assault or battery on code

20  inspectors.--Whenever a person is charged with committing an

21  assault or aggravated assault or a battery or aggravated

22  battery upon a code inspector, as defined in s. 162.04(2),

23  while the code inspector is engaged in the lawful performance

24  of his or her duties and when the person committing the

25  offense knows or has reason to know the identity or employment

26  of the victim, the offense for which the person is charged

27  shall be reclassified as follows:

28         (1)  In the case of aggravated battery, from a felony

29  of the second degree to a felony of the first degree.

30         (2)  In the case of aggravated assault, from a felony

31  of the third degree to a felony of the second degree.


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                                   CS/HB 1727, First Engrossed/ntc



  1         (3)  In the case of battery, from a misdemeanor of the

  2  first degree to a felony of the third degree.

  3         (4)  In the case of assault, from a misdemeanor of the

  4  second degree to a misdemeanor of the first degree.

  5         Section 2.  Paragraphs (d), (f), and (g) of subsection

  6  (3) of section 921.0022, Florida Statutes, are amended to

  7  read:

  8         921.0022  Criminal Punishment Code; offense severity

  9  ranking chart.--

10         (3)  OFFENSE SEVERITY RANKING CHART

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12  Florida           Felony

13  Statute           Degree             Description

14

15

16                              (d)  LEVEL 4

17  316.1935(2)        3rd      Fleeing or attempting to elude

18                              law enforcement officer resulting

19                              in high-speed pursuit.

20  784.07(2)(b)       3rd      Battery of law enforcement

21                              officer, firefighter, intake

22                              officer, etc.

23  784.075            3rd      Battery on detention or

24                              commitment facility staff.

25  784.08(2)(c)       3rd      Battery on a person 65 years of

26                              age or older.

27  784.081(3)         3rd      Battery on specified official or

28                              employee.

29  784.082(3)         3rd      Battery by detained person on

30                              visitor or other detainee.

31  784.083(3)         3rd      Battery on code inspector.


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                                   CS/HB 1727, First Engrossed/ntc



  1  787.03(1)          3rd      Interference with custody;

  2                              wrongly takes child from

  3                              appointed guardian.

  4  787.04(2)          3rd      Take, entice, or remove child

  5                              beyond state limits with criminal

  6                              intent pending custody

  7                              proceedings.

  8  787.04(3)          3rd      Carrying child beyond state lines

  9                              with criminal intent to avoid

10                              producing child at custody

11                              hearing or delivering to

12                              designated person.

13  790.115(1)         3rd      Exhibiting firearm or weapon

14                              within 1,000 feet of a school.

15  790.115(2)(b)      3rd      Possessing electric weapon or

16                              device, destructive device, or

17                              other weapon on school property.

18  790.115(2)(c)      3rd      Possessing firearm on school

19                              property.

20  810.02(4)(a)       3rd      Burglary, or attempted burglary,

21                              of an unoccupied structure;

22                              unarmed; no assault or battery.

23  810.02(4)(b)       3rd      Burglary, or attempted burglary,

24                              of an unoccupied conveyance;

25                              unarmed; no assault or battery.

26  810.06             3rd      Burglary; possession of tools.

27  810.08(2)(c)       3rd      Trespass on property, armed with

28                              firearm or dangerous weapon.

29  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

30                              or more but less than $20,000.

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                                   CS/HB 1727, First Engrossed/ntc



  1  812.014

  2   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

  3                              firearm, motor vehicle,

  4                              livestock, etc.

  5  817.563(1)         3rd      Sell or deliver substance other

  6                              than controlled substance agreed

  7                              upon, excluding s. 893.03(5)

  8                              drugs.

  9  828.125(1)         2nd      Kill, maim, or cause great bodily

10                              harm or permanent breeding

11                              disability to any registered

12                              horse or cattle.

13  837.02(1)          3rd      Perjury in official proceedings.

14  837.021(1)         3rd      Make contradictory statements in

15                              official proceedings.

16  843.025            3rd      Deprive law enforcement,

17                              correctional, or correctional

18                              probation officer of means of

19                              protection or communication.

20  843.15(1)(a)       3rd      Failure to appear while on bail

21                              for felony (bond estreature or

22                              bond jumping).

23  874.05(1)          3rd      Encouraging or recruiting another

24                              to join a criminal street gang.

25  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

26                              893.03(1)(a), (b), or (d), or

27                              (2)(a) or (b) drugs).

28  914.14(2)          3rd      Witnesses accepting bribes.

29  914.22(1)          3rd      Force, threaten, etc., witness,

30                              victim, or informant.

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                                   CS/HB 1727, First Engrossed/ntc



  1  914.23(2)          3rd      Retaliation against a witness,

  2                              victim, or informant, no bodily

  3                              injury.

  4  918.12             3rd      Tampering with jurors.

  5                              (f)  LEVEL 6

  6  316.027(1)(b)      2nd      Accident involving death, failure

  7                              to stop; leaving scene.

  8  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

  9                              conviction.

10  775.0875(1)        3rd      Taking firearm from law

11                              enforcement officer.

12  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

13                              without intent to kill.

14  784.021(1)(b)      3rd      Aggravated assault; intent to

15                              commit felony.

16  784.048(3)         3rd      Aggravated stalking; credible

17                              threat.

18  784.07(2)(c)       2nd      Aggravated assault on law

19                              enforcement officer.

20  784.08(2)(b)       2nd      Aggravated assault on a person 65

21                              years of age or older.

22  784.081(2)         2nd      Aggravated assault on specified

23                              official or employee.

24  784.082(2)         2nd      Aggravated assault by detained

25                              person on visitor or other

26                              detainee.

27  784.083(2)         2nd      Aggravated assault on code

28                              inspector.

29  787.02(2)          3rd      False imprisonment; restraining

30                              with purpose other than those in

31                              s. 787.01.


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                                   CS/HB 1727, First Engrossed/ntc



  1  790.115(2)(d)      2nd      Discharging firearm or weapon on

  2                              school property.

  3  790.161(2)         2nd      Make, possess, or throw

  4                              destructive device with intent to

  5                              do bodily harm or damage

  6                              property.

  7  790.164(1)         2nd      False report of deadly explosive

  8                              or act of arson or violence to

  9                              state property.

10  790.19             2nd      Shooting or throwing deadly

11                              missiles into dwellings, vessels,

12                              or vehicles.

13  794.011(8)(a)      3rd      Solicitation of minor to

14                              participate in sexual activity by

15                              custodial adult.

16  794.05(1)          2nd      Unlawful sexual activity with

17                              specified minor.

18  806.031(2)         2nd      Arson resulting in great bodily

19                              harm to firefighter or any other

20                              person.

21  810.02(3)(c)       2nd      Burglary of occupied structure;

22                              unarmed; no assault or battery.

23  812.014(2)(b)      2nd      Property stolen $20,000 or more,

24                              but less than $100,000, grand

25                              theft in 2nd degree.

26  812.13(2)(c)       2nd      Robbery, no firearm or other

27                              weapon (strong-arm robbery).

28  817.034(4)(a)1.    1st      Communications fraud, value

29                              greater than $50,000.

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                                   CS/HB 1727, First Engrossed/ntc



  1  817.4821(5)        2nd      Possess cloning paraphernalia

  2                              with intent to create cloned

  3                              cellular telephones.

  4  825.102(1)         3rd      Abuse of an elderly person or

  5                              disabled adult.

  6  825.102(3)(c)      3rd      Neglect of an elderly person or

  7                              disabled adult.

  8  825.1025(3)        3rd      Lewd or lascivious molestation of

  9                              an elderly person or disabled

10                              adult.

11  825.103(2)(c)      3rd      Exploiting an elderly person or

12                              disabled adult and property is

13                              valued at $100 or more, but less

14                              than $20,000.

15  827.03(1)          3rd      Abuse of a child.

16  827.03(3)(c)       3rd      Neglect of a child.

17  827.071(2)&(3)     2nd      Use or induce a child in a sexual

18                              performance, or promote or direct

19                              such performance.

20  836.05             2nd      Threats; extortion.

21  836.10             2nd      Written threats to kill or do

22                              bodily injury.

23  843.12             3rd      Aids or assists person to escape.

24  914.23             2nd      Retaliation against a witness,

25                              victim, or informant, with bodily

26                              injury.

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                                   CS/HB 1727, First Engrossed/ntc



  1  944.35(3)(a)2.     3rd      Committing malicious battery upon

  2                              or inflicting cruel or inhuman

  3                              treatment on an inmate or

  4                              offender on community

  5                              supervision, resulting in great

  6                              bodily harm.

  7  944.40             2nd      Escapes.

  8  944.46             3rd      Harboring, concealing, aiding

  9                              escaped prisoners.

10  944.47(1)(a)5.     2nd      Introduction of contraband

11                              (firearm, weapon, or explosive)

12                              into correctional facility.

13  951.22(1)          3rd      Intoxicating drug, firearm, or

14                              weapon introduced into county

15                              facility.

16                              (g)  LEVEL 7

17  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

18                              injury.

19  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

20                              bodily injury.

21  409.920(2)         3rd      Medicaid provider fraud.

22  494.0018(2)        1st      Conviction of any violation of

23                              ss. 494.001-494.0077 in which the

24                              total money and property

25                              unlawfully obtained exceeded

26                              $50,000 and there were five or

27                              more victims.

28  782.07(1)          2nd      Killing of a human being by the

29                              act, procurement, or culpable

30                              negligence of another

31                              (manslaughter).


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                                   CS/HB 1727, First Engrossed/ntc



  1  782.071            3rd      Killing of human being by the

  2                              operation of a motor vehicle in a

  3                              reckless manner (vehicular

  4                              homicide).

  5  782.072            3rd      Killing of a human being by the

  6                              operation of a vessel in a

  7                              reckless manner (vessel

  8                              homicide).

  9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

10                              causing great bodily harm or

11                              disfigurement.

12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

13                              weapon.

14  784.045(1)(b)      2nd      Aggravated battery; perpetrator

15                              aware victim pregnant.

16  784.048(4)         3rd      Aggravated stalking; violation of

17                              injunction or court order.

18  784.07(2)(d)       1st      Aggravated battery on law

19                              enforcement officer.

20  784.08(2)(a)       1st      Aggravated battery on a person 65

21                              years of age or older.

22  784.081(1)         1st      Aggravated battery on specified

23                              official or employee.

24  784.082(1)         1st      Aggravated battery by detained

25                              person on visitor or other

26                              detainee.

27  784.083(1)         1st      Aggravated battery on code

28                              inspector.

29  790.07(4)          1st      Specified weapons violation

30                              subsequent to previous conviction

31                              of s. 790.07(1) or (2).


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                                   CS/HB 1727, First Engrossed/ntc



  1  790.16(1)          1st      Discharge of a machine gun under

  2                              specified circumstances.

  3  796.03             2nd      Procuring any person under 16

  4                              years for prostitution.

  5  800.04             2nd      Handle, fondle, or assault child

  6                              under 16 years in lewd,

  7                              lascivious, or indecent manner.

  8  806.01(2)          2nd      Maliciously damage structure by

  9                              fire or explosive.

10  810.02(3)(a)       2nd      Burglary of occupied dwelling;

11                              unarmed; no assault or battery.

12  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

13                              unarmed; no assault or battery.

14  810.02(3)(d)       2nd      Burglary of occupied conveyance;

15                              unarmed; no assault or battery.

16  812.014(2)(a)      1st      Property stolen, valued at

17                              $100,000 or more; property stolen

18                              while causing other property

19                              damage; 1st degree grand theft.

20  812.019(2)         1st      Stolen property; initiates,

21                              organizes, plans, etc., the theft

22                              of property and traffics in

23                              stolen property.

24  812.133(2)(b)      1st      Carjacking; no firearm, deadly

25                              weapon, or other weapon.

26  825.102(3)(b)      2nd      Neglecting an elderly person or

27                              disabled adult causing great

28                              bodily harm, disability, or

29                              disfigurement.

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                                   CS/HB 1727, First Engrossed/ntc



  1  825.1025(2)        2nd      Lewd or lascivious battery upon

  2                              an elderly person or disabled

  3                              adult.

  4  825.103(2)(b)      2nd      Exploiting an elderly person or

  5                              disabled adult and property is

  6                              valued at $20,000 or more, but

  7                              less than $100,000.

  8  827.03(3)(b)       2nd      Neglect of a child causing great

  9                              bodily harm, disability, or

10                              disfigurement.

11  827.04(4)          3rd      Impregnation of a child under 16

12                              years of age by person 21 years

13                              of age or older.

14  872.06             2nd      Abuse of a dead human body.

15  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

16                              cocaine (or other s.

17                              893.03(1)(a), (1)(b), (1)(d),

18                              (2)(a), or (2)(b) drugs) within

19                              1,000 feet of a school.

20  893.13(4)(a)       1st      Deliver to minor cocaine (or

21                              other s. 893.03(1)(a), (1)(b),

22                              (1)(d), (2)(a), or (2)(b) drugs).

23  893.135(1)(a)1.    1st      Trafficking in cannabis, more

24                              than 50 lbs., less than 2,000

25                              lbs.

26  893.135

27   (1)(b)1.a.        1st      Trafficking in cocaine, more than

28                              28 grams, less than 200 grams.

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                                   CS/HB 1727, First Engrossed/ntc



  1  893.135

  2   (1)(c)1.a.        1st      Trafficking in illegal drugs,

  3                              more than 4 grams, less than 14

  4                              grams.

  5  893.135

  6   (1)(d)1.          1st      Trafficking in phencyclidine,

  7                              more than 28 grams, less than 200

  8                              grams.

  9  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

10                              than 200 grams, less than 5

11                              kilograms.

12  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

13                              than 14 grams, less than 28

14                              grams.

15         Section 3.  This act shall take effect October 1 of the

16  year in which enacted, and shall apply to offenses committed

17  on or after that date.

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