Senate Bill sb1198

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    Florida Senate - 2001                                  SB 1198

    By Senator Webster





    12-1065-01

  1                      A bill to be entitled

  2         An act relating to criminal offenses; creating

  3         s. 934.215, F.S.; providing that the use of a

  4         two-way communications device to facilitate or

  5         further the commission of a crime is a felony

  6         of the third degree; amending s. 921.0022,

  7         F.S., relating to the Criminal Punishment Code;

  8         ranking the offense of unlawfully using a

  9         two-way communications device on the offense

10         severity ranking chart; providing an effective

11         date.

12

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

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15         Section 1.  Section 934.215, Florida Statutes, is

16  created to read:

17         934.215  Unlawful use of a two-way communications

18  device.--Any person who uses a two-way communications device,

19  including, but not limited to, a portable two-way wireless

20  communications device, to facilitate or further the commission

21  of any crime commits a felony of the third degree, punishable

22  as provided in s. 775.082, s. 775.083, or s. 775.084.

23         Section 2.  Paragraph (d) of subsection (3) of section

24  921.0022, Florida Statutes, is amended to read:

25         921.0022  Criminal Punishment Code; offense severity

26  ranking chart.--

27         (3)  OFFENSE SEVERITY RANKING CHART

28

29  Florida           Felony

30  Statute           Degree             Description

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    Florida Senate - 2001                                  SB 1198
    12-1065-01




  1

  2                              (d)  LEVEL 4

  3  316.1935(3)        2nd      Driving at high speed or with

  4                              wanton disregard for safety while

  5                              fleeing or attempting to elude

  6                              law enforcement officer who is in

  7                              a marked patrol vehicle with

  8                              siren and lights activated.

  9  784.07(2)(b)       3rd      Battery of law enforcement

10                              officer, firefighter, intake

11                              officer, etc.

12  784.075            3rd      Battery on detention or

13                              commitment facility staff.

14  784.08(2)(c)       3rd      Battery on a person 65 years of

15                              age or older.

16  784.081(3)         3rd      Battery on specified official or

17                              employee.

18  784.082(3)         3rd      Battery by detained person on

19                              visitor or other detainee.

20  784.083(3)         3rd      Battery on code inspector.

21  784.085            3rd      Battery of child by throwing,

22                              tossing, projecting, or expelling

23                              certain fluids or materials.

24  787.03(1)          3rd      Interference with custody;

25                              wrongly takes child from

26                              appointed guardian.

27  787.04(2)          3rd      Take, entice, or remove child

28                              beyond state limits with criminal

29                              intent pending custody

30                              proceedings.

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    Florida Senate - 2001                                  SB 1198
    12-1065-01




  1  787.04(3)          3rd      Carrying child beyond state lines

  2                              with criminal intent to avoid

  3                              producing child at custody

  4                              hearing or delivering to

  5                              designated person.

  6  790.115(1)         3rd      Exhibiting firearm or weapon

  7                              within 1,000 feet of a school.

  8  790.115(2)(b)      3rd      Possessing electric weapon or

  9                              device, destructive device, or

10                              other weapon on school property.

11  790.115(2)(c)      3rd      Possessing firearm on school

12                              property.

13  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

14                              offender less than 18 years.

15  810.02(4)(a)       3rd      Burglary, or attempted burglary,

16                              of an unoccupied structure;

17                              unarmed; no assault or battery.

18  810.02(4)(b)       3rd      Burglary, or attempted burglary,

19                              of an unoccupied conveyance;

20                              unarmed; no assault or battery.

21  810.06             3rd      Burglary; possession of tools.

22  810.08(2)(c)       3rd      Trespass on property, armed with

23                              firearm or dangerous weapon.

24  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

25                              or more but less than $20,000.

26  812.014

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

28                              firearm, motor vehicle,

29                              livestock, etc.

30

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    Florida Senate - 2001                                  SB 1198
    12-1065-01




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

  2                              than controlled substance agreed

  3                              upon, excluding s. 893.03(5)

  4                              drugs.

  5  828.125(1)         2nd      Kill, maim, or cause great bodily

  6                              harm or permanent breeding

  7                              disability to any registered

  8                              horse or cattle.

  9  837.02(1)          3rd      Perjury in official proceedings.

10  837.021(1)         3rd      Make contradictory statements in

11                              official proceedings.

12  843.021            3rd      Possession of a concealed

13                              handcuff key by a person in

14                              custody.

15  843.025            3rd      Deprive law enforcement,

16                              correctional, or correctional

17                              probation officer of means of

18                              protection or communication.

19  843.15(1)(a)       3rd      Failure to appear while on bail

20                              for felony (bond estreature or

21                              bond jumping).

22  874.05(1)          3rd      Encouraging or recruiting another

23                              to join a criminal street gang.

24  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

25                              893.03(1)(a), (b), or (d),

26                              (2)(a), (2)(b), or (2)(c)4.

27                              drugs).

28  914.14(2)          3rd      Witnesses accepting bribes.

29  914.22(1)          3rd      Force, threaten, etc., witness,

30                              victim, or informant.

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    Florida Senate - 2001                                  SB 1198
    12-1065-01




  1  914.23(2)          3rd      Retaliation against a witness,

  2                              victim, or informant, no bodily

  3                              injury.

  4  918.12             3rd      Tampering with jurors.

  5  934.215            3rd      Use of two-way communications

  6                              device to facilitate commission

  7                              of a crime.

  8         Section 3.  This act shall take effect July 1, 2001.

  9

10            *****************************************

11                          SENATE SUMMARY

12    Provides that it is a third-degree felony to use a
      two-way communications device, including a portable
13    two-way wireless device, to facilitate or further the
      commission of a crime.
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