House Bill 1727er
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1998 Legislature CS/HB 1727, First Engrossed
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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.
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15 Be It Enacted by the Legislature of the State of Florida:
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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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1998 Legislature CS/HB 1727, First Engrossed
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
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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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1998 Legislature CS/HB 1727, First Engrossed
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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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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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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1998 Legislature CS/HB 1727, First Engrossed
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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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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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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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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1998 Legislature CS/HB 1727, First Engrossed
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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1998 Legislature CS/HB 1727, First Engrossed
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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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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