House Bill 3279c1

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    Florida House of Representatives - 1998             CS/HB 3279

        By the Committee on Crime & Punishment and Representatives
    Betancourt and Heyman





  1                      A bill to be entitled

  2         An act relating to offenses involving the

  3         obstruction of law enforcement; amending s.

  4         843.08, F.S.; prohibiting a person from falsely

  5         assuming or pretending to be, or falsely

  6         personating, an officer of the Department of

  7         Insurance; providing penalties; reclassifying

  8         or increasing the penalties for the offenses of

  9         falsely assuming or pretending to be, or

10         falsely personating, an officer of the Florida

11         Highway Patrol, Game and Fresh Water Fish

12         Commission, Department of Environmental

13         Protection, Department of Transportation, or

14         Department of Corrections, a correctional

15         probation officer, sheriff or deputy sheriff,

16         state attorney or assistant state attorney,

17         statewide prosecutor or assistant statewide

18         prosecutor, state attorney investigator,

19         coroner, police officer, lottery special agent

20         or lottery investigator, beverage enforcement

21         agent or watchman, member of the Parole

22         Commission or administrative aide or supervisor

23         employed by the commission, or any personnel or

24         representative of the Department of Law

25         Enforcement; providing that such false

26         assumption or pretense is a felony of the

27         second degree; providing that such false

28         personation during the course of the commission

29         of a felony is a felony of the first degree;

30         providing that such false personation during

31         the commission of a felony which results in the

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  1         death or personal injury of another human being

  2         is a felony of the first degree punishable by

  3         life imprisonment; providing penalties;

  4         amending s. 843.081, F.S., relating to the

  5         offense of use in or on a nongovernmentally

  6         owned vehicle or vessel of a flashing or

  7         rotating blue light by a person other than a

  8         specified law enforcement officer or special

  9         officer for a railroad or common carrier;

10         providing that such offense is a felony of the

11         third degree; providing penalties; amending s.

12         921.0022, F.S., relating to the Criminal

13         Punishment Code offense severity ranking chart;

14         removing a nonconforming reference; providing

15         for ranking of the offenses; providing an

16         effective date.

17

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

19

20         Section 1.  Section 843.08, Florida Statutes, is

21  amended to read:

22         843.08  Falsely personating officer, etc.--A person who

23  falsely assumes or pretends to be a sheriff, officer of the

24  Florida Highway Patrol, officer of the Game and Fresh Water

25  Fish Commission, officer of the Department of Environmental

26  Protection, officer of the Department of Transportation,

27  officer of the Department of Insurance, officer of the

28  Department of Corrections, correctional probation officer,

29  deputy sheriff, state attorney or assistant state attorney,

30  statewide prosecutor or assistant statewide prosecutor, state

31  attorney investigator, coroner, police officer, lottery

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    Florida House of Representatives - 1998             CS/HB 3279

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  1  special agent or lottery investigator, beverage enforcement

  2  agent, or watchman, or any member of the Parole Commission and

  3  any administrative aide or supervisor employed by the

  4  commission, or any personnel or representative of the

  5  Department of Law Enforcement, and takes upon himself or

  6  herself to act as such, or to require any other person to aid

  7  or assist him or her in a matter pertaining to the duty of any

  8  such officer, commits a felony of the second third degree,

  9  punishable as provided in s. 775.082, s. 775.083, or s.

10  775.084; however, a person who falsely personates any such

11  officer during the course of the commission of a felony

12  commits a felony of the first second degree, punishable as

13  provided in s. 775.082, s. 775.083, or s. 775.084; except that

14  if the commission of the felony results in the death or

15  personal injury of another human being, the person commits a

16  felony of the first degree, punishable by imprisonment for a

17  term of years not exceeding life, or as provided in s.

18  775.082, s. 775.083, or s. 775.084.

19         Section 2.  Subsection (5) of section 843.081, Florida

20  Statutes, is amended to read:

21         843.081  Prohibited use of certain lights; penalty.--

22         (2)  It is unlawful for a person to use in or on any

23  nongovernmentally owned vehicle or vessel any flashing or

24  rotating blue light unless such person is a law enforcement

25  officer employed by a federal, state, county, or city law

26  enforcement agency or is a person appointed by the Governor

27  pursuant to chapter 354.

28         (3)  The provisions of this section shall not apply to

29  salespersons, service representatives, or other employees of

30  businesses licensed to sell or repair law enforcement

31  equipment.

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  1         (4)  For the purposes of this section, the term

  2  "flashing or rotating blue light" includes all forms of lights

  3  which display a blue light source or which were designed with

  4  the intent of displaying a blue light source whether or not

  5  such light is actually in use.

  6         (5)  Any person who violates any of the provisions of

  7  this section commits a felony misdemeanor of the third first

  8  degree, punishable as provided in s. 775.082, or s. 775.083,

  9  or s. 775.084.

10         Section 3.  Paragraphs (a), (b), (d), (g), and (i) of

11  subsection (3) of section 921.0022, Florida Statutes, are

12  amended to read:

13         921.0022  Criminal Punishment Code; offense severity

14  ranking chart.--

15         (3)  OFFENSE SEVERITY RANKING CHART

16

17  Florida           Felony

18  Statute           Degree             Description

19

20                              (a)  LEVEL 1

21  24.118(3)(a)       3rd      Counterfeit or altered state

22                              lottery ticket.

23  212.054(2)(b)      3rd      Discretionary sales surtax;

24                              limitations, administration, and

25                              collection.

26  212.15(2)(b)       3rd      Failure to remit sales taxes,

27                              amount greater than $300 but less

28                              than $20,000.

29  319.30(5)          3rd      Sell, exchange, give away

30                              certificate of title or

31                              identification number plate.

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  1  319.35(1)(a)       3rd      Tamper, adjust, change, etc., an

  2                              odometer.

  3  320.26(1)(a)       3rd      Counterfeit, manufacture, or sell

  4                              registration license plates or

  5                              validation stickers.

  6  322.212(1)         3rd      Possession of forged, stolen,

  7                              counterfeit, or unlawfully issued

  8                              driver's license.

  9  322.212(4)         3rd      Supply or aid in supplying

10                              unauthorized driver's license.

11  322.212(5)         3rd      False application for driver's

12                              license.

13  370.13(4)(a)       3rd      Molest any stone crab trap, line,

14                              or buoy which is property of

15                              licenseholder.

16  370.135(1)         3rd      Molest any blue crab trap, line,

17                              or buoy which is property of

18                              licenseholder.

19  372.663(1)         3rd      Poach any alligator or

20                              crocodilia.

21  414.39(2)          3rd      Unauthorized use, possession,

22                              forgery, or alteration of food

23                              stamps, Medicaid ID, value

24                              greater than $200.

25  414.39(3)(a)       3rd      Fraudulent misappropriation of

26                              public assistance funds by

27                              employee/official, value more

28                              than $200.

29

30

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  1  443.071(1)         3rd      False statement or representation

  2                              to obtain or increase

  3                              unemployment compensation

  4                              benefits.

  5  458.327(1)(a)      3rd      Unlicensed practice of medicine.

  6  466.026(1)(a)      3rd      Unlicensed practice of dentistry

  7                              or dental hygiene.

  8  509.151(1)         3rd      Defraud an innkeeper, food or

  9                              lodging value greater than $300.

10  517.302(1)         3rd      Violation of the Florida

11                              Securities and Investor

12                              Protection Act.

13  562.27(1)          3rd      Possess still or still apparatus.

14  713.69             3rd      Tenant removes property upon

15                              which lien has accrued, value

16                              more than $50.

17  812.014(3)(c)      3rd      Petit theft (3rd conviction);

18                              theft of any property not

19                              specified in subsection (2).

20  812.081(2)         3rd      Unlawfully makes or causes to be

21                              made a reproduction of a trade

22                              secret.

23  815.04(4)(a)       3rd      Offense against intellectual

24                              property (i.e., computer

25                              programs, data).

26  817.52(2)          3rd      Hiring with intent to defraud,

27                              motor vehicle services.

28  826.01             3rd      Bigamy.

29  828.122(3)         3rd      Fighting or baiting animals.

30

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  1  831.04(1)          3rd      Any erasure, alteration, etc., of

  2                              any replacement deed, map, plat,

  3                              or other document listed in s.

  4                              92.28.

  5  831.31(1)(a)       3rd      Sell, deliver, or possess

  6                              counterfeit controlled

  7                              substances, all but s. 893.03(5)

  8                              drugs.

  9  832.041(1)         3rd      Stopping payment with intent to

10                              defraud $150 or more.

11  832.05

12   (2)(b)&(4)(c)     3rd      Knowing, making, issuing

13                              worthless checks $150 or more or

14                              obtaining property in return for

15                              worthless check $150 or more.

16  838.015(3)         3rd      Bribery.

17  838.016(1)         3rd      Public servant receiving unlawful

18                              compensation.

19  838.15(2)          3rd      Commercial bribe receiving.

20  838.16             3rd      Commercial bribery.

21  843.081            3rd      Prohibited use of flashing or

22                              rotating blue light.

23  843.18             3rd      Fleeing by boat to elude a law

24                              enforcement officer.

25  847.011(1)(a)      3rd      Sell, distribute, etc., obscene,

26                              lewd, etc., material (2nd

27                              conviction).

28  849.01             3rd      Keeping gambling house.

29

30

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  1  849.09(1)(a)-(d)   3rd      Lottery; set up, promote, etc.,

  2                              or assist therein, conduct or

  3                              advertise drawing for prizes, or

  4                              dispose of property or money by

  5                              means of lottery.

  6  849.23             3rd      Gambling-related machines;

  7                              "common offender" as to property

  8                              rights.

  9  849.25(2)          3rd      Engaging in bookmaking.

10  860.08             3rd      Interfere with a railroad signal.

11  860.13(1)(a)       3rd      Operate aircraft while under the

12                              influence.

13  893.13(2)(a)2.     3rd      Purchase of cannabis.

14  893.13(6)(a)       3rd      Possession of cannabis (more than

15                              20 grams).

16  893.13(7)(a)10.    3rd      Affix false or forged label to

17                              package of controlled substance.

18  934.03(1)(a)       3rd      Intercepts, or procures any other

19                              person to intercept, any wire or

20                              oral communication.

21                              (b)  LEVEL 2

22  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

23                              lbs. in weight or 100 cubic feet

24                              in volume or any quantity for

25                              commercial purposes, or hazardous

26                              waste.

27  517.07             3rd      Registration of securities and

28                              furnishing of prospectus

29                              required.

30  590.28(1)          3rd      Willful, malicious, or

31                              intentional burning.

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  1  784.05(3)          3rd      Storing or leaving a loaded

  2                              firearm within reach of minor who

  3                              uses it to inflict injury or

  4                              death.

  5  787.04(1)          3rd      In violation of court order,

  6                              take, entice, etc., minor beyond

  7                              state limits.

  8  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

  9                              or more to public communication

10                              or any other public service.

11  810.09(2)(e)       3rd      Trespassing on posted commercial

12                              commerical horticulture property.

13  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

14                              more but less than $5,000.

15  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

16                              more but less than $300, taken

17                              from unenclosed curtilage of

18                              dwelling.

19  817.234(1)(a)2.    3rd      False statement in support of

20                              insurance claim.

21  817.481(3)(a)      3rd      Obtain credit or purchase with

22                              false, expired, counterfeit,

23                              etc., credit card, value over

24                              $300.

25  817.52(3)          3rd      Failure to redeliver hired

26                              vehicle.

27  817.54             3rd      With intent to defraud, obtain

28                              mortgage note, etc., by false

29                              representation.

30  817.60(5)          3rd      Dealing in credit cards of

31                              another.

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  1  817.60(6)(a)       3rd      Forgery; purchase goods, services

  2                              with false card.

  3  817.61             3rd      Fraudulent use of credit cards

  4                              over $100 or more within 6

  5                              months.

  6  826.04             3rd      Knowingly marries or has sexual

  7                              intercourse with person to whom

  8                              related.

  9  831.01             3rd      Forgery.

10  831.02             3rd      Uttering forged instrument;

11                              utters or publishes alteration

12                              with intent to defraud.

13  831.07             3rd      Forging bank bills or promissory

14                              note.

15  831.08             3rd      Possession of 10 or more forged

16                              notes.

17  831.09             3rd      Uttering forged bills; passes as

18                              bank bill or promissory note.

19  832.05(3)(a)       3rd      Cashing or depositing item with

20                              intent to defraud.

21  843.08             3rd      Falsely impersonating an officer.

22  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

23                              (2)(c), (3), or (4) drugs other

24                              than cannabis.

25  893.147(2)         3rd      Manufacture or delivery of drug

26                              paraphernalia.

27                              (d)  LEVEL 4

28  316.1935(2)        3rd      Fleeing or attempting to elude

29                              law enforcement officer resulting

30                              in high-speed pursuit.

31

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  1  784.07(2)(b)       3rd      Battery of law enforcement

  2                              officer, firefighter, intake

  3                              officer, etc.

  4  784.075            3rd      Battery on detention or

  5                              commitment facility staff.

  6  784.08(2)(c)       3rd      Battery on a person 65 years of

  7                              age or older.

  8  784.081(3)         3rd      Battery on specified official or

  9                              employee.

10  784.082(3)         3rd      Battery by detained person on

11                              visitor or other detainee.

12  787.03(1)          3rd      Interference with custody;

13                              wrongly takes child from

14                              appointed guardian.

15  787.04(2)          3rd      Take, entice, or remove child

16                              beyond state limits with criminal

17                              intent pending custody

18                              proceedings.

19  787.04(3)          3rd      Carrying child beyond state lines

20                              with criminal intent to avoid

21                              producing child at custody

22                              hearing or delivering to

23                              designated person.

24  790.115(1)         3rd      Exhibiting firearm or weapon

25                              within 1,000 feet of a school.

26  790.115(2)(b)      3rd      Possessing electric weapon or

27                              device, destructive device, or

28                              other weapon on school property.

29  790.115(2)(c)      3rd      Possessing firearm on school

30                              property.

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  1  810.02(4)(a)       3rd      Burglary, or attempted burglary,

  2                              of an unoccupied structure;

  3                              unarmed; no assault or battery.

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

  5                              of an unoccupied conveyance;

  6                              unarmed; no assault or battery.

  7  810.06             3rd      Burglary; possession of tools.

  8  810.08(2)(c)       3rd      Trespass on property, armed with

  9                              firearm or dangerous weapon.

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

11                              or more but less than $20,000.

12  812.014

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

14                              firearm, motor vehicle,

15                              livestock, etc.

16  817.563(1)         3rd      Sell or deliver substance other

17                              than controlled substance agreed

18                              upon, excluding s. 893.03(5)

19                              drugs.

20  828.125(1)         2nd      Kill, maim, or cause great bodily

21                              harm or permanent breeding

22                              disability to any registered

23                              horse or cattle.

24  837.02(1)          3rd      Perjury in official proceedings.

25  837.021(1)         3rd      Make contradictory statements in

26                              official proceedings.

27  843.025            3rd      Deprive law enforcement,

28                              correctional, or correctional

29                              probation officer of means of

30                              protection or communication.

31  843.08             2nd      Falsely personating an officer.

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

  2                              for felony (bond estreature or

  3                              bond jumping).

  4  874.05(1)          3rd      Encouraging or recruiting another

  5                              to join a criminal street gang.

  6  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

  7                              893.03(1)(a), (b), or (d), or

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

  9  914.14(2)          3rd      Witnesses accepting bribes.

10  914.22(1)          3rd      Force, threaten, etc., witness,

11                              victim, or informant.

12  914.23(2)          3rd      Retaliation against a witness,

13                              victim, or informant, no bodily

14                              injury.

15  918.12             3rd      Tampering with jurors.

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  790.07(4)          1st      Specified weapons violation

28                              subsequent to previous conviction

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

30  790.16(1)          1st      Discharge of a machine gun under

31                              specified circumstances.

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  1  796.03             2nd      Procuring any person under 16

  2                              years for prostitution.

  3  800.04             2nd      Handle, fondle, or assault child

  4                              under 16 years in lewd,

  5                              lascivious, or indecent manner.

  6  806.01(2)          2nd      Maliciously damage structure by

  7                              fire or explosive.

  8  810.02(3)(a)       2nd      Burglary of occupied dwelling;

  9                              unarmed; no assault or battery.

10  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

11                              unarmed; no assault or battery.

12  810.02(3)(d)       2nd      Burglary of occupied conveyance;

13                              unarmed; no assault or battery.

14  812.014(2)(a)      1st      Property stolen, valued at

15                              $100,000 or more; property stolen

16                              while causing other property

17                              damage; 1st degree grand theft.

18  812.019(2)         1st      Stolen property; initiates,

19                              organizes, plans, etc., the theft

20                              of property and traffics in

21                              stolen property.

22  812.133(2)(b)      1st      Carjacking; no firearm, deadly

23                              weapon, or other weapon.

24  825.102(3)(b)      2nd      Neglecting an elderly person or

25                              disabled adult causing great

26                              bodily harm, disability, or

27                              disfigurement.

28  825.1025(2)        2nd      Lewd or lascivious battery upon

29                              an elderly person or disabled

30                              adult.

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  1  825.103(2)(b)      2nd      Exploiting an elderly person or

  2                              disabled adult and property is

  3                              valued at $20,000 or more, but

  4                              less than $100,000.

  5  827.03(3)(b)       2nd      Neglect of a child causing great

  6                              bodily harm, disability, or

  7                              disfigurement.

  8  827.04(4)          3rd      Impregnation of a child under 16

  9                              years of age by person 21 years

10                              of age or older.

11  843.08             1st      Falsely personating an officer

12                              during the course of committing a

13                              felony.

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.

29

30

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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                              (i)  LEVEL 9

16  316.193

17   (3)(c)3.b.        1st      DUI manslaughter; failing to

18                              render aid or give information.

19  782.04(1)          1st      Attempt, conspire, or solicit to

20                              commit premeditated murder.

21  782.04(3)          1st,PBL   Accomplice to murder in

22                              connection with arson, sexual

23                              battery, robbery, burglary, and

24                              other specified felonies.

25  782.07(2)          1st      Aggravated manslaughter of an

26                              elderly person or disabled adult.

27  782.07(3)          1st      Aggravated manslaughter of a

28                              child.

29  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

30                              reward or as a shield or hostage.

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  1  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

  2                              or facilitate commission of any

  3                              felony.

  4  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

  5                              interfere with performance of any

  6                              governmental or political

  7                              function.

  8  787.02(3)(a)       1st      False imprisonment; child under

  9                              age 13; perpetrator also commits

10                              child abuse, sexual battery,

11                              lewd, or lascivious act, etc.

12  790.161            1st      Attempted capital destructive

13                              device offense.

14  794.011(2)         1st      Attempted sexual battery; victim

15                              less than 12 years of age.

16  794.011(2)         Life     Sexual battery; offender younger

17                              than 18 years and commits sexual

18                              battery on a person less than 12

19                              years.

20  794.011(4)         1st      Sexual battery; victim 12 years

21                              or older, certain circumstances.

22  794.011(8)(b)      1st      Sexual battery; engage in sexual

23                              conduct with minor 12 to 18 years

24                              by person in familial or

25                              custodial authority.

26  812.13(2)(a)       1st,PBL  Robbery with firearm or other

27                              deadly weapon.

28  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

29                              deadly weapon.

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  1  843.08             1st,PBL  Falsely personating an officer

  2                              during the course of committing a

  3                              felony resulting in another's

  4                              death or injury.

  5  847.0145(1)        1st      Selling, or otherwise

  6                              transferring custody or control,

  7                              of a minor.

  8  847.0145(2)        1st      Purchasing, or otherwise

  9                              obtaining custody or control, of

10                              a minor.

11  859.01             1st      Poisoning food, drink, medicine,

12                              or water with intent to kill or

13                              injure another person.

14  893.135            1st      Attempted capital trafficking

15                              offense.

16  893.135(1)(a)3.    1st      Trafficking in cannabis, more

17                              than 10,000 lbs.

18  893.135

19   (1)(b)1.c.        1st      Trafficking in cocaine, more than

20                              400 grams, less than 150

21                              kilograms.

22  893.135

23   (1)(c)1.c.        1st      Trafficking in illegal drugs,

24                              more than 28 grams, less than 30

25                              kilograms.

26  893.135

27   (1)(d)1.c.        1st      Trafficking in phencyclidine,

28                              more than 400 grams.

29  893.135

30   (1)(e)1.c.        1st      Trafficking in methaqualone, more

31                              than 25 kilograms.

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  1  893.135

  2   (1)(f)1.c.        1st      Trafficking in amphetamine, more

  3                              than 200 grams.

  4         Section 4.  This act shall take effect October 1 of the

  5  year in which enacted and shall apply to offenses committed on

  6  or after that date.

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