SENATE AMENDMENT
    Bill No. CS for CS for SB 1092
    Amendment No. 1   Barcode 761546
                            CHAMBER ACTION
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11  The Committee on Appropriations recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         On page 28, line 9, through
16            page 30, line 23, delete those lines
17  
18  and insert:  
19         Section 7.  Effective October 1, 2001, subsections (8)
20  and (9) of section 817.234, Florida Statutes, are amended to
21  read:
22         817.234  False and fraudulent insurance claims.--
23         (8)  It is unlawful for any person, in his or her
24  individual capacity or in his or her capacity as a public or
25  private employee, or for any firm, corporation, partnership,
26  or association, to solicit or cause to be solicited any
27  business from a person involved in a motor vehicle accident by
28  any means of communication other than advertising directed to
29  the public in or about city receiving hospitals, city and
30  county receiving hospitals, county hospitals, justice courts,
31  or municipal courts; in any public institution; in any public
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    5:56 PM   04/27/01                                 s1092.ap.01

SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 place; upon any public street or highway; in or about private 2 hospitals, sanitariums, or any private institution; or upon 3 private property of any character whatsoever for the purpose 4 of making motor vehicle tort claims or claims for personal 5 injury protection benefits required by s. 627.736. Charges 6 for any services rendered by a health care provider or 7 attorney who violates this subsection in regard to the person 8 for whom such services were rendered are noncompensable and 9 unenforceable as a matter of law. Any person who violates the 10 provisions of this subsection commits a felony of the third 11 degree, punishable as provided in s. 775.082, s. 775.083, or 12 s. 775.084. 13 (9) It is unlawful for any attorney to solicit any 14 business relating to the representation of a person involved 15 persons injured in a motor vehicle accident for the purpose of 16 filing a motor vehicle tort claim or a claim for personal 17 injury protection benefits required by s. 627.736. The 18 solicitation by advertising of any business by an attorney 19 relating to the representation of a person injured in a 20 specific motor vehicle accident is prohibited by this section. 21 Any attorney who violates the provisions of this subsection 22 commits a felony of the third degree, punishable as provided 23 in s. 775.082, s. 775.083, or s. 775.084. Whenever any circuit 24 or special grievance committee acting under the jurisdiction 25 of the Supreme Court finds probable cause to believe that an 26 attorney is guilty of a violation of this section, such 27 committee shall forward to the appropriate state attorney a 28 copy of the finding of probable cause and the report being 29 filed in the matter. This section shall not be interpreted to 30 prohibit advertising by attorneys which does not entail a 31 solicitation as described in this subsection and which is 2 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 permitted by the rules regulating The Florida Bar as 2 promulgated by the Florida Supreme Court. 3 Section 8. Effective October 1, 2001, paragraphs (c), 4 (e), and (g) of subsection (3) of section 921.0022, Florida 5 Statutes, are amended to read: 6 921.0022 Criminal Punishment Code; offense severity 7 ranking chart.-- 8 (3) OFFENSE SEVERITY RANKING CHART 9 10 Florida Felony 11 Statute Degree Description 12 13 14 (c) LEVEL 3 15 316.1935(2) 3rd Fleeing or attempting to elude 16 law enforcement officer in marked 17 patrol vehicle with siren and 18 lights activated. 19 319.30(4) 3rd Possession by junkyard of motor 20 vehicle with identification 21 number plate removed. 22 319.33(1)(a) 3rd Alter or forge any certificate of 23 title to a motor vehicle or 24 mobile home. 25 319.33(1)(c) 3rd Procure or pass title on stolen 26 vehicle. 27 319.33(4) 3rd With intent to defraud, possess, 28 sell, etc., a blank, forged, or 29 unlawfully obtained title or 30 registration. 31 3 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 328.05(2) 3rd Possess, sell, or counterfeit 2 fictitious, stolen, or fraudulent 3 titles or bills of sale of 4 vessels. 5 328.07(4) 3rd Manufacture, exchange, or possess 6 vessel with counterfeit or wrong 7 ID number. 8 376.302(5) 3rd Fraud related to reimbursement 9 for cleanup expenses under the 10 Inland Protection Trust Fund. 11 501.001(2)(b) 2nd Tampers with a consumer product 12 or the container using materially 13 false/misleading information. 14 697.08 3rd Equity skimming. 15 790.15(3) 3rd Person directs another to 16 discharge firearm from a vehicle. 17 796.05(1) 3rd Live on earnings of a prostitute. 18 806.10(1) 3rd Maliciously injure, destroy, or 19 interfere with vehicles or 20 equipment used in firefighting. 21 806.10(2) 3rd Interferes with or assaults 22 firefighter in performance of 23 duty. 24 810.09(2)(c) 3rd Trespass on property other than 25 structure or conveyance armed 26 with firearm or dangerous weapon. 27 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but 28 less than $10,000. 29 815.04(4)(b) 2nd Computer offense devised to 30 defraud or obtain property. 31 4 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 817.034(4)(a)3. 3rd Engages in scheme to defraud 2 (Florida Communications Fraud 3 Act), property valued at less 4 than $20,000. 5 817.233 3rd Burning to defraud insurer. 6 817.234(8) & (9) 3rd Unlawful solicitation of persons 7 involved in motor vehicle 8 accidents. 9 817.234(11)(a) 3rd Insurance fraud; property value 10 less than $20,000. 11 817.505(4) 3rd Patient brokering. 12 828.12(2) 3rd Tortures any animal with intent 13 to inflict intense pain, serious 14 physical injury, or death. 15 831.29 2nd Possession of instruments for 16 counterfeiting drivers' licenses 17 or identification cards. 18 838.021(3)(b) 3rd Threatens unlawful harm to public 19 servant. 20 843.19 3rd Injure, disable, or kill police 21 dog or horse. 22 870.01(2) 3rd Riot; inciting or encouraging. 23 893.13(1)(a)2. 3rd Sell, manufacture, or deliver 24 cannabis (or other s. 25 893.03(1)(c), (2)(c)1., (2)(c)2., 26 (2)(c)3., (2)(c)5., (2)(c)6., 27 (2)(c)7., (2)(c)8., (2)(c)9., 28 (3), or (4) drugs). 29 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 30 893.03(1)(c), (2)(c)1., (2)(c)2., 31 (2)(c)3., (2)(c)5., (2)(c)6., 5 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 (2)(c)7., (2)(c)8., (2)(c)9., 2 (3), or (4) drugs within 200 feet 3 of university or public park. 4 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 5 893.03(1)(c), (2)(c)1., (2)(c)2., 6 (2)(c)3., (2)(c)5., (2)(c)6., 7 (2)(c)7., (2)(c)8., (2)(c)9., 8 (3), or (4) drugs within 200 feet 9 of public housing facility. 10 893.13(6)(a) 3rd Possession of any controlled 11 substance other than felony 12 possession of cannabis. 13 893.13(7)(a)9. 3rd Obtain or attempt to obtain 14 controlled substance by fraud, 15 forgery, misrepresentation, etc. 16 893.13(7)(a)11. 3rd Furnish false or fraudulent 17 material information on any 18 document or record required by 19 chapter 893. 20 918.13(1)(a) 3rd Alter, destroy, or conceal 21 investigation evidence. 22 944.47 23 (1)(a)1.-2. 3rd Introduce contraband to 24 correctional facility. 25 944.47(1)(c) 2nd Possess contraband while upon the 26 grounds of a correctional 27 institution. 28 985.3141 3rd Escapes from a juvenile facility 29 (secure detention or residential 30 commitment facility). 31 (e) LEVEL 5 6 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 316.027(1)(a) 3rd Accidents involving personal 2 injuries, failure to stop; 3 leaving scene. 4 316.1935(4) 2nd Aggravated fleeing or eluding. 5 322.34(6) 3rd Careless operation of motor 6 vehicle with suspended license, 7 resulting in death or serious 8 bodily injury. 9 327.30(5) 3rd Vessel accidents involving 10 personal injury; leaving scene. 11 381.0041(11)(b) 3rd Donate blood, plasma, or organs 12 knowing HIV positive. 13 790.01(2) 3rd Carrying a concealed firearm. 14 790.162 2nd Threat to throw or discharge 15 destructive device. 16 790.163 2nd False report of deadly explosive. 17 790.165(2) 3rd Manufacture, sell, possess, or 18 deliver hoax bomb. 19 790.221(1) 2nd Possession of short-barreled 20 shotgun or machine gun. 21 790.23 2nd Felons in possession of firearms 22 or electronic weapons or devices. 23 800.04(6)(c) 3rd Lewd or lascivious conduct; 24 offender less than 18 years. 25 800.04(7)(c) 2nd Lewd or lascivious exhibition; 26 offender 18 years or older. 27 806.111(1) 3rd Possess, manufacture, or dispense 28 fire bomb with intent to damage 29 any structure or property. 30 812.019(1) 2nd Stolen property; dealing in or 31 trafficking in. 7 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 812.131(2)(b) 3rd Robbery by sudden snatching. 2 812.16(2) 3rd Owning, operating, or conducting 3 a chop shop. 4 817.034(4)(a)2. 2nd Communications fraud, value 5 $20,000 to $50,000. 6 817.234(11)(b) 2nd Insurance fraud; property value 7 $20,000 or more but less than 8 $100,000. 9 825.1025(4) 3rd Lewd or lascivious exhibition in 10 the presence of an elderly person 11 or disabled adult. 12 827.071(4) 2nd Possess with intent to promote 13 any photographic material, motion 14 picture, etc., which includes 15 sexual conduct by a child. 16 843.01 3rd Resist officer with violence to 17 person; resist arrest with 18 violence. 19 874.05(2) 2nd Encouraging or recruiting another 20 to join a criminal street gang; 21 second or subsequent offense. 22 893.13(1)(a)1. 2nd Sell, manufacture, or deliver 23 cocaine (or other s. 24 893.03(1)(a), (1)(b), (1)(d), 25 (2)(a), (2)(b), or (2)(c)4. 26 drugs). 27 893.13(1)(c)2. 2nd Sell, manufacture, or deliver 28 cannabis (or other s. 29 893.03(1)(c), (2)(c)1., (2)(c)2., 30 (2)(c)3., (2)(c)5., (2)(c)6., 31 (2)(c)7., (2)(c)8., (2)(c)9., 8 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 (3), or (4) drugs) within 1,000 2 feet of a child care facility or 3 school. 4 893.13(1)(d)1. 1st Sell, manufacture, or deliver 5 cocaine (or other s. 6 893.03(1)(a), (1)(b), (1)(d), 7 (2)(a), (2)(b), or (2)(c)4. 8 drugs) within 200 feet of 9 university or public park. 10 893.13(1)(e)2. 2nd Sell, manufacture, or deliver 11 cannabis or other drug prohibited 12 under s. 893.03(1)(c), (2)(c)1., 13 (2)(c)2., (2)(c)3., (2)(c)5., 14 (2)(c)6., (2)(c)7., (2)(c)8., 15 (2)(c)9., (3), or (4) within 16 1,000 feet of property used for 17 religious services or a specified 18 business site. 19 893.13(1)(f)1. 1st Sell, manufacture, or deliver 20 cocaine (or other s. 21 893.03(1)(a), (1)(b), (1)(d), or 22 (2)(a), (2)(b), or (2)(c)4. 23 drugs) within 200 feet of public 24 housing facility. 25 893.13(4)(b) 2nd Deliver to minor cannabis (or 26 other s. 893.03(1)(c), (2)(c)1., 27 (2)(c)2., (2)(c)3., (2)(c)5., 28 (2)(c)6., (2)(c)7., (2)(c)8., 29 (2)(c)9., (3), or (4) drugs). 30 (g) LEVEL 7 31 9 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 316.193(3)(c)2. 3rd DUI resulting in serious bodily 2 injury. 3 327.35(3)(c)2. 3rd Vessel BUI resulting in serious 4 bodily injury. 5 402.319(2) 2nd Misrepresentation and negligence 6 or intentional act resulting in 7 great bodily harm, permanent 8 disfiguration, permanent 9 disability, or death. 10 409.920(2) 3rd Medicaid provider fraud. 11 456.065(2) 3rd Practicing a health care 12 profession without a license. 13 456.065(2) 2nd Practicing a health care 14 profession without a license 15 which results in serious bodily 16 injury. 17 458.327(1) 3rd Practicing medicine without a 18 license. 19 459.013(1) 3rd Practicing osteopathic medicine 20 without a license. 21 460.411(1) 3rd Practicing chiropractic medicine 22 without a license. 23 461.012(1) 3rd Practicing podiatric medicine 24 without a license. 25 462.17 3rd Practicing naturopathy without a 26 license. 27 463.015(1) 3rd Practicing optometry without a 28 license. 29 464.016(1) 3rd Practicing nursing without a 30 license. 31 10 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 465.015(2) 3rd Practicing pharmacy without a 2 license. 3 466.026(1) 3rd Practicing dentistry or dental 4 hygiene without a license. 5 467.201 3rd Practicing midwifery without a 6 license. 7 468.366 3rd Delivering respiratory care 8 services without a license. 9 483.828(1) 3rd Practicing as clinical laboratory 10 personnel without a license. 11 483.901(9) 3rd Practicing medical physics 12 without a license. 13 484.053 3rd Dispensing hearing aids without a 14 license. 15 494.0018(2) 1st Conviction of any violation of 16 ss. 494.001-494.0077 in which the 17 total money and property 18 unlawfully obtained exceeded 19 $50,000 and there were five or 20 more victims. 21 560.123(8)(b)1. 3rd Failure to report currency or 22 payment instruments exceeding 23 $300 but less than $20,000 by 24 money transmitter. 25 560.125(5)(a) 3rd Money transmitter business by 26 unauthorized person, currency or 27 payment instruments exceeding 28 $300 but less than $20,000. 29 655.50(10)(b)1. 3rd Failure to report financial 30 transactions exceeding $300 but 31 less than $20,000 by financial 11 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 institution. 2 782.051(3) 2nd Attempted felony murder of a 3 person by a person other than the 4 perpetrator or the perpetrator of 5 an attempted felony. 6 782.07(1) 2nd Killing of a human being by the 7 act, procurement, or culpable 8 negligence of another 9 (manslaughter). 10 782.071 2nd Killing of human being or viable 11 fetus by the operation of a motor 12 vehicle in a reckless manner 13 (vehicular homicide). 14 782.072 2nd Killing of a human being by the 15 operation of a vessel in a 16 reckless manner (vessel 17 homicide). 18 784.045(1)(a)1. 2nd Aggravated battery; intentionally 19 causing great bodily harm or 20 disfigurement. 21 784.045(1)(a)2. 2nd Aggravated battery; using deadly 22 weapon. 23 784.045(1)(b) 2nd Aggravated battery; perpetrator 24 aware victim pregnant. 25 784.048(4) 3rd Aggravated stalking; violation of 26 injunction or court order. 27 784.07(2)(d) 1st Aggravated battery on law 28 enforcement officer. 29 784.08(2)(a) 1st Aggravated battery on a person 65 30 years of age or older. 31 12 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 784.081(1) 1st Aggravated battery on specified 2 official or employee. 3 784.082(1) 1st Aggravated battery by detained 4 person on visitor or other 5 detainee. 6 784.083(1) 1st Aggravated battery on code 7 inspector. 8 790.07(4) 1st Specified weapons violation 9 subsequent to previous conviction 10 of s. 790.07(1) or (2). 11 790.16(1) 1st Discharge of a machine gun under 12 specified circumstances. 13 790.166(3) 2nd Possessing, selling, using, or 14 attempting to use a hoax weapon 15 of mass destruction. 16 796.03 2nd Procuring any person under 16 17 years for prostitution. 18 800.04(5)(c)1. 2nd Lewd or lascivious molestation; 19 victim less than 12 years of age; 20 offender less than 18 years. 21 800.04(5)(c)2. 2nd Lewd or lascivious molestation; 22 victim 12 years of age or older 23 but less than 16 years; offender 24 18 years or older. 25 806.01(2) 2nd Maliciously damage structure by 26 fire or explosive. 27 810.02(3)(a) 2nd Burglary of occupied dwelling; 28 unarmed; no assault or battery. 29 810.02(3)(b) 2nd Burglary of unoccupied dwelling; 30 unarmed; no assault or battery. 31 13 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 810.02(3)(d) 2nd Burglary of occupied conveyance; 2 unarmed; no assault or battery. 3 812.014(2)(a) 1st Property stolen, valued at 4 $100,000 or more; property stolen 5 while causing other property 6 damage; 1st degree grand theft. 7 812.019(2) 1st Stolen property; initiates, 8 organizes, plans, etc., the theft 9 of property and traffics in 10 stolen property. 11 812.131(2)(a) 2nd Robbery by sudden snatching. 12 812.133(2)(b) 1st Carjacking; no firearm, deadly 13 weapon, or other weapon. 14 817.234(11)(c) 1st Insurance fraud; property value 15 $100,000 or more. 16 825.102(3)(b) 2nd Neglecting an elderly person or 17 disabled adult causing great 18 bodily harm, disability, or 19 disfigurement. 20 825.1025(2) 2nd Lewd or lascivious battery upon 21 an elderly person or disabled 22 adult. 23 825.103(2)(b) 2nd Exploiting an elderly person or 24 disabled adult and property is 25 valued at $20,000 or more, but 26 less than $100,000. 27 827.03(3)(b) 2nd Neglect of a child causing great 28 bodily harm, disability, or 29 disfigurement. 30 827.04(3) 3rd Impregnation of a child under 16 31 years of age by person 21 years 14 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 of age or older. 2 837.05(2) 3rd Giving false information about 3 alleged capital felony to a law 4 enforcement officer. 5 872.06 2nd Abuse of a dead human body. 6 893.13(1)(c)1. 1st Sell, manufacture, or deliver 7 cocaine (or other drug prohibited 8 under s. 893.03(1)(a), (1)(b), 9 (1)(d), (2)(a), (2)(b), or 10 (2)(c)4.) within 1,000 feet of a 11 child care facility or school. 12 893.13(1)(e)1. 1st Sell, manufacture, or deliver 13 cocaine or other drug prohibited 14 under s. 893.03(1)(a), (1)(b), 15 (1)(d), (2)(a), (2)(b), or 16 (2)(c)4., within 1,000 feet of 17 property used for religious 18 services or a specified business 19 site. 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), (2)(b), or 23 (2)(c)4. drugs). 24 893.135(1)(a)1. 1st Trafficking in cannabis, more 25 than 50 lbs., less than 2,000 26 lbs. 27 893.135 28 (1)(b)1.a. 1st Trafficking in cocaine, more than 29 28 grams, less than 200 grams. 30 893.135 31 (1)(c)1.a. 1st Trafficking in illegal drugs, 15 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 more than 4 grams, less than 14 2 grams. 3 893.135 4 (1)(d)1. 1st Trafficking in phencyclidine, 5 more than 28 grams, less than 200 6 grams. 7 893.135(1)(e)1. 1st Trafficking in methaqualone, more 8 than 200 grams, less than 5 9 kilograms. 10 893.135(1)(f)1. 1st Trafficking in amphetamine, more 11 than 14 grams, less than 28 12 grams. 13 893.135 14 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 15 grams or more, less than 14 16 grams. 17 893.135 18 (1)(h)1.a. 1st Trafficking in 19 gamma-hydroxybutyric acid (GHB), 20 1 kilogram or more, less than 5 21 kilograms. 22 893.135 23 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1 24 kilogram or more, less then 5 25 kilograms. 26 893.135 27 (1)(j)2.a. 1st Trafficking in Phenethylamines, 28 10 grams or more, less than 200 29 grams. 30 896.101(5)(a) 3rd Money laundering, financial 31 transactions exceeding $300 but 16 5:56 PM 04/27/01 s1092.ap.01
SENATE AMENDMENT Bill No. CS for CS for SB 1092 Amendment No. 1 Barcode 761546 1 less than $20,000. 2 896.104(4)(a)1. 3rd Structuring transactions to evade 3 reporting or registration 4 requirements, financial 5 transactions exceeding $300 but 6 less than $20,000. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 1, line 24, delete providing penalties; 12 13 and insert: 14 ranking certain criminal offenses specified in 15 s. 921.0022, F.S.; 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 17 5:56 PM 04/27/01 s1092.ap.01