Senate Bill 0782
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 782
By Senator Gutman
34-595A-98 See HB
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.; reclassifying or increasing the
5 penalties for the offenses of falsely assuming
6 or pretending to be, or falsely personating, an
7 officer of the Florida Highway Patrol, Game and
8 Fresh Water Fish Commission, Department of
9 Environmental Protection, Department of
10 Transportation, or Department of Corrections, a
11 correctional probation officer, sheriff or
12 deputy sheriff, state attorney or assistant
13 state attorney, statewide prosecutor or
14 assistant statewide prosecutor, state attorney
15 investigator, coroner, police officer, lottery
16 special agent or lottery investigator, beverage
17 enforcement agent or watchman, member of the
18 Parole Commission or administrative aide or
19 supervisor employed by the commission, or any
20 personnel or representative of the Department
21 of Law Enforcement; providing that such false
22 assumption or pretense is a felony of the
23 second degree; providing that such false
24 personation during the course of the commission
25 of a felony is a felony of the first degree;
26 providing that such false personation during
27 the commission of a felony which results in the
28 death or personal injury of another human being
29 is a felony of the first degree punishable by
30 life imprisonment; providing penalties;
31 amending s. 921.0022, F.S., relating to the
1
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Florida Senate - 1998 SB 782
34-595A-98 See HB
1 Criminal Punishment Code offense severity
2 ranking chart; removing a nonconforming
3 reference; providing for ranking of the
4 offenses; providing an effective date.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Section 843.08, Florida Statutes, is
9 amended to read:
10 843.08 Falsely personating officer, etc.--A person who
11 falsely assumes or pretends to be a sheriff, officer of the
12 Florida Highway Patrol, officer of the Game and Fresh Water
13 Fish Commission, officer of the Department of Environmental
14 Protection, officer of the Department of Transportation,
15 officer of the Department of Corrections, correctional
16 probation officer, deputy sheriff, state attorney or assistant
17 state attorney, statewide prosecutor or assistant statewide
18 prosecutor, state attorney investigator, coroner, police
19 officer, lottery special agent or lottery investigator,
20 beverage enforcement agent, or watchman, or any member of the
21 Parole Commission and any administrative aide or supervisor
22 employed by the commission, or any personnel or representative
23 of the Department of Law Enforcement, and takes upon himself
24 or herself to act as such, or to require any other person to
25 aid or assist him or her in a matter pertaining to the duty of
26 any such officer, commits a felony of the second third degree,
27 punishable as provided in s. 775.082, s. 775.083, or s.
28 775.084; however, a person who falsely personates any such
29 officer during the course of the commission of a felony
30 commits a felony of the first second degree, punishable as
31 provided in s. 775.082, s. 775.083, or s. 775.084; except that
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Florida Senate - 1998 SB 782
34-595A-98 See HB
1 if the commission of the felony results in the death or
2 personal injury of another human being, the person commits a
3 felony of the first degree, punishable by imprisonment for a
4 term of years not exceeding life, or as provided in s.
5 775.082, s. 775.083, or s. 775.084.
6 Section 2. Paragraphs (b), (d), (g), and (i) of
7 subsection (3) of section 921.0022, Florida Statutes, are
8 amended to read:
9 921.0022 Criminal Punishment Code; offense severity
10 ranking chart.--
11 (3) OFFENSE SEVERITY RANKING CHART
12
13 Florida Felony
14 Statute Degree Description
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16 (b) LEVEL 2
17 403.413(5)(c) 3rd Dumps waste litter exceeding 500
18 lbs. in weight or 100 cubic feet
19 in volume or any quantity for
20 commercial purposes, or hazardous
21 waste.
22 517.07 3rd Registration of securities and
23 furnishing of prospectus
24 required.
25 590.28(1) 3rd Willful, malicious, or
26 intentional burning.
27 784.05(3) 3rd Storing or leaving a loaded
28 firearm within reach of minor who
29 uses it to inflict injury or
30 death.
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Florida Senate - 1998 SB 782
34-595A-98 See HB
1 787.04(1) 3rd In violation of court order,
2 take, entice, etc., minor beyond
3 state limits.
4 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
5 or more to public communication
6 or any other public service.
7 810.09(2)(e) 3rd Trespassing on posted commercial
8 commerical horticulture property.
9 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
10 more but less than $5,000.
11 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
12 more but less than $300, taken
13 from unenclosed curtilage of
14 dwelling.
15 817.234(1)(a)2. 3rd False statement in support of
16 insurance claim.
17 817.481(3)(a) 3rd Obtain credit or purchase with
18 false, expired, counterfeit,
19 etc., credit card, value over
20 $300.
21 817.52(3) 3rd Failure to redeliver hired
22 vehicle.
23 817.54 3rd With intent to defraud, obtain
24 mortgage note, etc., by false
25 representation.
26 817.60(5) 3rd Dealing in credit cards of
27 another.
28 817.60(6)(a) 3rd Forgery; purchase goods, services
29 with false card.
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Florida Senate - 1998 SB 782
34-595A-98 See HB
1 817.61 3rd Fraudulent use of credit cards
2 over $100 or more within 6
3 months.
4 826.04 3rd Knowingly marries or has sexual
5 intercourse with person to whom
6 related.
7 831.01 3rd Forgery.
8 831.02 3rd Uttering forged instrument;
9 utters or publishes alteration
10 with intent to defraud.
11 831.07 3rd Forging bank bills or promissory
12 note.
13 831.08 3rd Possession of 10 or more forged
14 notes.
15 831.09 3rd Uttering forged bills; passes as
16 bank bill or promissory note.
17 832.05(3)(a) 3rd Cashing or depositing item with
18 intent to defraud.
19 843.08 3rd Falsely impersonating an officer.
20 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
21 (2)(c), (3), or (4) drugs other
22 than cannabis.
23 893.147(2) 3rd Manufacture or delivery of drug
24 paraphernalia.
25 (d) LEVEL 4
26 316.1935(2) 3rd Fleeing or attempting to elude
27 law enforcement officer resulting
28 in high-speed pursuit.
29 784.07(2)(b) 3rd Battery of law enforcement
30 officer, firefighter, intake
31 officer, etc.
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Florida Senate - 1998 SB 782
34-595A-98 See HB
1 784.075 3rd Battery on detention or
2 commitment facility staff.
3 784.08(2)(c) 3rd Battery on a person 65 years of
4 age or older.
5 784.081(3) 3rd Battery on specified official or
6 employee.
7 784.082(3) 3rd Battery by detained person on
8 visitor or other detainee.
9 787.03(1) 3rd Interference with custody;
10 wrongly takes child from
11 appointed guardian.
12 787.04(2) 3rd Take, entice, or remove child
13 beyond state limits with criminal
14 intent pending custody
15 proceedings.
16 787.04(3) 3rd Carrying child beyond state lines
17 with criminal intent to avoid
18 producing child at custody
19 hearing or delivering to
20 designated person.
21 790.115(1) 3rd Exhibiting firearm or weapon
22 within 1,000 feet of a school.
23 790.115(2)(b) 3rd Possessing electric weapon or
24 device, destructive device, or
25 other weapon on school property.
26 790.115(2)(c) 3rd Possessing firearm on school
27 property.
28 810.02(4)(a) 3rd Burglary, or attempted burglary,
29 of an unoccupied structure;
30 unarmed; no assault or battery.
31
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Florida Senate - 1998 SB 782
34-595A-98 See HB
1 810.02(4)(b) 3rd Burglary, or attempted burglary,
2 of an unoccupied conveyance;
3 unarmed; no assault or battery.
4 810.06 3rd Burglary; possession of tools.
5 810.08(2)(c) 3rd Trespass on property, armed with
6 firearm or dangerous weapon.
7 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
8 or more but less than $20,000.
9 812.014
10 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
11 firearm, motor vehicle,
12 livestock, etc.
13 817.563(1) 3rd Sell or deliver substance other
14 than controlled substance agreed
15 upon, excluding s. 893.03(5)
16 drugs.
17 828.125(1) 2nd Kill, maim, or cause great bodily
18 harm or permanent breeding
19 disability to any registered
20 horse or cattle.
21 837.02(1) 3rd Perjury in official proceedings.
22 837.021(1) 3rd Make contradictory statements in
23 official proceedings.
24 843.025 3rd Deprive law enforcement,
25 correctional, or correctional
26 probation officer of means of
27 protection or communication.
28 843.08 2nd Falsely personating an officer.
29 843.15(1)(a) 3rd Failure to appear while on bail
30 for felony (bond estreature or
31 bond jumping).
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Florida Senate - 1998 SB 782
34-595A-98 See HB
1 874.05(1) 3rd Encouraging or recruiting another
2 to join a criminal street gang.
3 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
4 893.03(1)(a), (b), or (d), or
5 (2)(a) or (b) drugs).
6 914.14(2) 3rd Witnesses accepting bribes.
7 914.22(1) 3rd Force, threaten, etc., witness,
8 victim, or informant.
9 914.23(2) 3rd Retaliation against a witness,
10 victim, or informant, no bodily
11 injury.
12 918.12 3rd Tampering with jurors.
13 (g) LEVEL 7
14 316.193(3)(c)2. 3rd DUI resulting in serious bodily
15 injury.
16 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
17 bodily injury.
18 409.920(2) 3rd Medicaid provider fraud.
19 494.0018(2) 1st Conviction of any violation of
20 ss. 494.001-494.0077 in which the
21 total money and property
22 unlawfully obtained exceeded
23 $50,000 and there were five or
24 more victims.
25 782.07(1) 2nd Killing of a human being by the
26 act, procurement, or culpable
27 negligence of another
28 (manslaughter).
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Florida Senate - 1998 SB 782
34-595A-98 See HB
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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Florida Senate - 1998 SB 782
34-595A-98 See HB
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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Florida Senate - 1998 SB 782
34-595A-98 See HB
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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Florida Senate - 1998 SB 782
34-595A-98 See HB
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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Florida Senate - 1998 SB 782
34-595A-98 See HB
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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Florida Senate - 1998 SB 782
34-595A-98 See HB
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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Florida Senate - 1998 SB 782
34-595A-98 See HB
1 893.135
2 (1)(f)1.c. 1st Trafficking in amphetamine, more
3 than 200 grams.
4 Section 3. 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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8 *****************************************
9 LEGISLATIVE SUMMARY
10 Reclassifies or increases the penalties for the offenses
of falsely assuming or pretending to be, or falsely
11 personating, an officer or specified personnel. Provides
that such false assumption or pretense is a felony of the
12 second degree. Provides that such false personation
during the course of the commission of a felony is a
13 felony of the first degree. Provides that such false
personation during the commission of a felony which
14 results in the death or personal injury of another human
being is a felony of the first degree punishable by life.
15 Provides penalties. Provides for ranking of the offenses
in the Criminal Punishment Code offense severity ranking
16 chart.
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