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
2
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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.
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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.
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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.
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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.
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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.
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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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