SENATE AMENDMENT
Bill No. CS for CS for SB 1092
Amendment No. 1 Barcode 761546
CHAMBER ACTION
Senate House
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11 The Committee on Appropriations recommended the following
12 amendment:
13
14 Senate Amendment (with title amendment)
15 On page 28, line 9, through
16 page 30, line 23, delete those lines
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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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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
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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
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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
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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.,
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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
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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.
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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.,
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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
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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
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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
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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
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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
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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
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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,
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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
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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.;
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