Senate Bill sb1198e1

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    SB 1198                                        First Engrossed



  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 any felony offense is

  6         a felony of the third degree; amending s.

  7         921.0022, F.S., relating to the Criminal

  8         Punishment Code; ranking the offense of

  9         unlawfully using a two-way communications

10         device on the offense severity ranking chart;

11         providing an effective 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 felony offense commits a felony of the third degree,

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

23  775.084.

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

25  921.0022, Florida Statutes, is amended to read:

26         921.0022  Criminal Punishment Code; offense severity

27  ranking chart.--

28         (3)  OFFENSE SEVERITY RANKING CHART

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    SB 1198                                        First Engrossed



  1  Florida           Felony

  2  Statute           Degree             Description

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  5                              (d)  LEVEL 4

  6  316.1935(3)        2nd      Driving at high speed or with

  7                              wanton disregard for safety while

  8                              fleeing or attempting to elude

  9                              law enforcement officer who is in

10                              a marked patrol vehicle with

11                              siren and lights activated.

12  784.07(2)(b)       3rd      Battery of law enforcement

13                              officer, firefighter, intake

14                              officer, etc.

15  784.075            3rd      Battery on detention or

16                              commitment facility staff.

17  784.08(2)(c)       3rd      Battery on a person 65 years of

18                              age or older.

19  784.081(3)         3rd      Battery on specified official or

20                              employee.

21  784.082(3)         3rd      Battery by detained person on

22                              visitor or other detainee.

23  784.083(3)         3rd      Battery on code inspector.

24  784.085            3rd      Battery of child by throwing,

25                              tossing, projecting, or expelling

26                              certain fluids or materials.

27  787.03(1)          3rd      Interference with custody;

28                              wrongly takes child from

29                              appointed guardian.

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    SB 1198                                        First Engrossed



  1  787.04(2)          3rd      Take, entice, or remove child

  2                              beyond state limits with criminal

  3                              intent pending custody

  4                              proceedings.

  5  787.04(3)          3rd      Carrying child beyond state lines

  6                              with criminal intent to avoid

  7                              producing child at custody

  8                              hearing or delivering to

  9                              designated person.

10  790.115(1)         3rd      Exhibiting firearm or weapon

11                              within 1,000 feet of a school.

12  790.115(2)(b)      3rd      Possessing electric weapon or

13                              device, destructive device, or

14                              other weapon on school property.

15  790.115(2)(c)      3rd      Possessing firearm on school

16                              property.

17  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

18                              offender less than 18 years.

19  810.02(4)(a)       3rd      Burglary, or attempted burglary,

20                              of an unoccupied structure;

21                              unarmed; no assault or battery.

22  810.02(4)(b)       3rd      Burglary, or attempted burglary,

23                              of an unoccupied conveyance;

24                              unarmed; no assault or battery.

25  810.06             3rd      Burglary; possession of tools.

26  810.08(2)(c)       3rd      Trespass on property, armed with

27                              firearm or dangerous weapon.

28  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

29                              or more but less than $20,000.

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    SB 1198                                        First Engrossed



  1  812.014

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

  3                              firearm, motor vehicle,

  4                              livestock, etc.

  5  817.563(1)         3rd      Sell or deliver substance other

  6                              than controlled substance agreed

  7                              upon, excluding s. 893.03(5)

  8                              drugs.

  9  828.125(1)         2nd      Kill, maim, or cause great bodily

10                              harm or permanent breeding

11                              disability to any registered

12                              horse or cattle.

13  837.02(1)          3rd      Perjury in official proceedings.

14  837.021(1)         3rd      Make contradictory statements in

15                              official proceedings.

16  843.021            3rd      Possession of a concealed

17                              handcuff key by a person in

18                              custody.

19  843.025            3rd      Deprive law enforcement,

20                              correctional, or correctional

21                              probation officer of means of

22                              protection or communication.

23  843.15(1)(a)       3rd      Failure to appear while on bail

24                              for felony (bond estreature or

25                              bond jumping).

26  874.05(1)          3rd      Encouraging or recruiting another

27                              to join a criminal street gang.

28  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

29                              893.03(1)(a), (b), or (d),

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

31                              drugs).


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    SB 1198                                        First Engrossed



  1  914.14(2)          3rd      Witnesses accepting bribes.

  2  914.22(1)          3rd      Force, threaten, etc., witness,

  3                              victim, or informant.

  4  914.23(2)          3rd      Retaliation against a witness,

  5                              victim, or informant, no bodily

  6                              injury.

  7  918.12             3rd      Tampering with jurors.

  8  934.215            3rd      Use of two-way communications

  9                              device to facilitate commission

10                              of a crime.

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

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