House Bill hb1349
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Florida House of Representatives - 2001 HB 1349
By Representative Mealor
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.
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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
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29 Florida Felony
30 Statute Degree Description
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Florida House of Representatives - 2001 HB 1349
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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 House of Representatives - 2001 HB 1349
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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.
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Florida House of Representatives - 2001 HB 1349
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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 House of Representatives - 2001 HB 1349
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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.
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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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