HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Council for Competitive Commerce offered the following:
12
13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Section 812.012, Florida Statutes, is
18 amended to read:
19 812.012 Definitions.--As used in ss. 812.012-812.037:
20 (1) "Cargo" means partial or entire shipments,
21 containers, or cartons of property which are contained in or
22 on a trailer, motortruck, aircraft, vessel, warehouse, freight
23 station, freight consolidation facility, or air navigation
24 facility.
25 (2)(1) "Dealer in property" means any person in the
26 business of buying and selling property.
27 (3)(8) "Enterprise" means any individual, sole
28 proprietorship, partnership, corporation, business trust,
29 union chartered under the laws of this state, or other legal
30 entity, or any unchartered union, association, or group of
31 individuals associated in fact although not a legal entity.
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 (4)(2) "Obtains or uses" means any manner of:
2 (a) Taking or exercising control over property.
3 (b) Making any unauthorized use, disposition, or
4 transfer of property.
5 (c) Obtaining property by fraud, willful
6 misrepresentation of a future act, or false promise.
7 (d)1. Conduct previously known as stealing; larceny;
8 purloining; abstracting; embezzlement; misapplication;
9 misappropriation; conversion; or obtaining money or property
10 by false pretenses, fraud, or deception; or
11 2. Other conduct similar in nature.
12 (5)(3) "Property" means anything of value, and
13 includes:
14 (a) Real property, including things growing on,
15 affixed to, and found in land.
16 (b) Tangible or intangible personal property,
17 including rights, privileges, interests, and claims.
18 (c) Services.
19 (6)(4) "Property of another" means property in which a
20 person has an interest upon which another person is not
21 privileged to infringe without consent, whether or not the
22 other person also has an interest in the property.
23 (7)(5) "Services" means anything of value resulting
24 from a person's physical or mental labor or skill, or from the
25 use, possession, or presence of property, and includes:
26 (a) Repairs or improvements to property.
27 (b) Professional services.
28 (c) Private, public, or government communication,
29 transportation, power, water, or sanitation services.
30 (d) Lodging accommodations.
31 (e) Admissions to places of exhibition or
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 entertainment.
2 (8)(6) "Stolen property" means property that has been
3 the subject of any criminally wrongful taking.
4 (9)(7) "Traffic" means:
5 (a) To sell, transfer, distribute, dispense, or
6 otherwise dispose of property.
7 (b) To buy, receive, possess, obtain control of, or
8 use property with the intent to sell, transfer, distribute,
9 dispense, or otherwise dispose of such property.
10 (10)(9) "Value" means value determined according to
11 any of the following:
12 (a)1. Value means the market value of the property at
13 the time and place of the offense or, if such cannot be
14 satisfactorily ascertained, the cost of replacement of the
15 property within a reasonable time after the offense.
16 2. The value of a written instrument that does not
17 have a readily ascertainable market value, in the case of an
18 instrument such as a check, draft, or promissory note, is the
19 amount due or collectible or is, in the case of any other
20 instrument which creates, releases, discharges, or otherwise
21 affects any valuable legal right, privilege, or obligation,
22 the greatest amount of economic loss that the owner of the
23 instrument might reasonably suffer by virtue of the loss of
24 the instrument.
25 3. The value of a trade secret that does not have a
26 readily ascertainable market value is any reasonable value
27 representing the damage to the owner, suffered by reason of
28 losing an advantage over those who do not know of or use the
29 trade secret.
30 (b) If the value of property cannot be ascertained,
31 the trier of fact may find the value to be not less than a
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 certain amount; if no such minimum value can be ascertained,
2 the value is an amount less than $100.
3 (c) Amounts of value of separate properties involved
4 in thefts committed pursuant to one scheme or course of
5 conduct, whether the thefts are from the same person or from
6 several persons, may be aggregated in determining the grade of
7 the offense.
8 Section 2. Paragraphs (a) and (b) of subsection (2) of
9 section 812.014, Florida Statutes, are amended, and paragraph
10 (f) is added to said subsection, to read:
11 812.014 Theft.--
12 (2)(a)1. If the property stolen is valued at $100,000
13 or more or
14 2. The property stolen is cargo valued at $50,000 or
15 more that has entered the stream of interstate or intrastate
16 commerce from the shipper's loading platform to the
17 consignee's receiving dock; or
18 3. 2. If the offender commits any grand theft and:
19 a. In the course of committing the offense the
20 offender uses a motor vehicle as an instrumentality, other
21 than merely as a getaway vehicle, to assist in committing the
22 offense and thereby damages the real property of another; or
23 b. In the course of committing the offense the
24 offender causes damage to the real or personal property of
25 another in excess of $1,000,
26
27 the offender commits grand theft in the first degree,
28 punishable as a felony of the first degree, as provided in s.
29 775.082, s. 775.083, or s. 775.084.
30 (b)1. If the property stolen is valued at $20,000 or
31 more, but less than $100,000, or
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 2. The property stolen is cargo valued at less than
2 $50,000 that has entered the stream of interstate or
3 intrastate commerce from the shipper's loading platform to the
4 consignee's receiving dock, or
5 3. The property stolen is emergency medical equipment,
6 valued at $300 or more, that is taken from a facility licensed
7 under chapter 395 or from an aircraft or vehicle permitted
8 under chapter 401,
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10 the offender commits grand theft in the second degree,
11 punishable as a felony of the second degree, as provided in s.
12 775.082, s. 775.083, or s. 775.084. Emergency medical
13 equipment means mechanical or electronic apparatus used to
14 provide emergency services and care as defined in s.
15 395.002(10) or to treat medical emergencies.
16 (f) Upon a second or subsequent conviction for
17 stealing cargo pursuant to subparagraph (a)2. or subparagraph
18 (b)2., the offender shall be sentenced to a minimum mandatory
19 term of no less than 3 years' imprisonment.
20 Section 3. Paragraphs (d) and (h) of subsection (1)
21 and subsections (5) and (7) of section 812.015, Florida
22 Statutes, are amended, and subsections (8) and (9) are added
23 to said section, to read:
24 812.015 Retail and farm theft; transit fare evasion;
25 mandatory fine; alternative punishment; detention and arrest;
26 exemption from liability for false arrest; resisting arrest;
27 penalties.--
28 (1) As used in this section:
29 (d) "Retail theft" means the taking possession of or
30 carrying away of merchandise, property, money, or negotiable
31 documents; altering or removing a label, universal product
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 code, or price tag; transferring merchandise from one
2 container to another; or removing a shopping cart, with intent
3 to deprive the merchant of possession, use, benefit, or full
4 retail value.
5 (h) "Antishoplifting or inventory control device"
6 means a mechanism or other device designed and operated for
7 the purpose of detecting the removal from a mercantile
8 establishment or similar enclosure, or from a protected area
9 within such an enclosure, of specially marked or tagged
10 merchandise. The term includes any electronic or digital
11 imaging or any video recording or other film used for security
12 purposes and the cash register tape or other record made of
13 the register receipt.
14 (5)(a) A merchant, merchant's employee, farmer, or a
15 transit agency's employee or agent who takes a person into
16 custody, as provided in subsection (3), or who causes an
17 arrest, as provided in subsection (4), of a person for retail
18 theft, farm theft, transit fare evasion, or trespass shall not
19 be criminally or civilly liable for false arrest or false
20 imprisonment when the merchant, merchant's employee, farmer,
21 or a transit agency's employee or agent has probable cause to
22 believe that the person committed retail theft, farm theft,
23 transit fare evasion, or trespass.
24 (b) If a merchant or merchant's employee takes a
25 person into custody as provided in this section, or acts as a
26 witness with respect to any person taken into custody as
27 provided in this section, the merchant or merchant's employee
28 may provide his or her business address rather than home
29 address to any investigating law enforcement officer.
30 (7) It is unlawful to possess, or use or attempt to
31 use, any antishoplifting or inventory control device
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 countermeasure within any premises used for the retail
2 purchase or sale of any merchandise. Any person who possesses
3 any antishoplifting or inventory control device countermeasure
4 within any premises used for the retail purchase or sale of
5 any merchandise commits a felony misdemeanor of the third
6 first degree, punishable as provided in s. 775.082, or s.
7 775.083, or s. 775.084. Any person who uses or attempts to
8 use any antishoplifting or inventory control device
9 countermeasure within any premises used for the retail
10 purchase or sale of any merchandise commits a felony of the
11 third degree, punishable as provided in s. 775.082, s.
12 775.083, or s. 775.084.
13 (8) If a person commits retail theft, it is a felony
14 of the third degree, punishable as provided in s. 775.082, s.
15 775.083, or s. 775.084, if the property stolen is valued at
16 $300 or more and the person:
17 (a) Individually, or in concert with one or more other
18 persons, coordinates the activities of one or more individuals
19 in committing the offense, in which case the amount of each
20 individual theft shall be aggregated to determine the value of
21 the property stolen;
22 (b) Commits theft from more than one location within a
23 48-hour period, in which case the amount of each individual
24 theft shall be aggregated to determine the value of the
25 property stolen;
26 (c) Acts in concert with one or more other individuals
27 within one or more establishments to distract the merchant,
28 merchant's employee, or law enforcement officer in order to
29 carry out the offense or acts in other ways to coordinate
30 efforts to carry out the offense; or
31 (d) Commits the offense through the purchase of
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 merchandise in a package or box that contains merchandise
2 other than, or in addition to, the merchandise purported to be
3 contained in the package or box.
4 (9) Any person who violates subsection (8), and who
5 has previously been convicted of a violation of subsection
6 (8), commits a felony of the second degree, punishable as
7 provided in s. 775.082, s. 775.083, or s. 775.084.
8 Section 4. Section 812.0155, Florida Statutes, is
9 created to read:
10 812.0155 Suspension of driver's license following an
11 adjudication of guilt for retail theft.--
12 (1) Except as provided in subsections (2) and (3), the
13 court may order the suspension of the driver's license of each
14 person adjudicated guilty of any misdemeanor violation of s.
15 812.014 or s. 812.015, regardless of the value of the property
16 stolen. The court shall order the suspension of the driver's
17 license of each person adjudicated guilty of any misdemeanor
18 violation of s. 812.014 or s. 812.015 who has previously been
19 convicted of such an offense. Upon ordering the suspension of
20 the driver's license of the person adjudicated guilty, the
21 court shall forward the driver's license of the person
22 adjudicated guilty to the Department of Highway Safety and
23 Motor Vehicles in accordance with s. 322.25.
24 (a) The first suspension of a driver's license under
25 this subsection shall be for a period of up to 6 months.
26 (b) A second or subsequent suspension of a driver's
27 license under this subsection shall be for 1 year.
28 (2) The court may revoke, suspend, or withhold
29 issuance of a driver's license of a person less than 18 years
30 of age who violates s. 812.014 or s. 812.015 as an alternative
31 to sentencing the person to:
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 (a) Probation as defined in s. 985.03 or commitment to
2 the Department of Juvenile Justice, if the person is
3 adjudicated delinquent for such violation and has not
4 previously been convicted of or adjudicated delinquent for any
5 criminal offense, regardless of whether adjudication was
6 withheld.
7 (b) Probation as defined in s. 985.03, commitment to
8 the Department of Juvenile Justice, probation as defined in s.
9 948.01, community control, or incarceration, if the person is
10 convicted as an adult of such violation and has not previously
11 been convicted of or adjudicated delinquent for any criminal
12 offense, regardless of whether adjudication was withheld.
13 (3) As used in this subsection, the term "department"
14 means the Department of Highway Safety and Motor Vehicles. A
15 court that revokes, suspends, or withholds issuance of a
16 driver's license under subsection (2) shall:
17 (a) If the person is eligible by reason of age for a
18 driver's license or driving privilege, direct the department
19 to revoke or withhold issuance of the person's driver's
20 license or driving privilege for not less than 6 months and
21 not more than 1 year;
22 (b) If the person's driver's license is under
23 suspension or revocation for any reason, direct the department
24 to extend the period of suspension or revocation by not less
25 than 6 months and not more than 1 year; or
26 (c) If the person is ineligible by reason of age for a
27 driver's license or driving privilege, direct the department
28 to withhold issuance of the person's driver's license or
29 driving privilege for not less than 6 months and not more than
30 1 year after the date on which the person would otherwise
31 become eligible.
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 (4) Subsections (2) and (3) do not preclude the court
2 from imposing any sanction specified or not specified in
3 subsection (2) or subsection (3).
4 Section 5. Section 812.017, Florida Statutes, is
5 created to read:
6 812.017 Use of a fraudulently obtained or false
7 receipt.--
8 (1) Any person who requests a refund of merchandise,
9 money, or any other thing of value through the use of a
10 fraudulently obtained receipt or false receipt commits a
11 misdemeanor of the second degree, punishable as provided in s.
12 775.082 or s. 775.083.
13 (2) Any person who obtains merchandise, money, or any
14 other thing of value through the use of a fraudulently
15 obtained receipt or false receipt commits a misdemeanor of the
16 first degree, punishable as provided in s. 775.082 or s.
17 775.083.
18 Section 6. Section 812.0195, Florida Statutes, is
19 created to read:
20 812.0195 Dealing in stolen property by use of the
21 Internet.--Any person in this state who uses the Internet to
22 sell or offer for sale any merchandise or other property that
23 the person knows, or has reasonable cause to believe, is
24 stolen commits:
25 (1) A misdemeanor of the second degree, punishable as
26 provided in s. 775.082 or s. 775.083, if the value of the
27 property is less than $300; or
28 (2) A felony of the third degree, punishable as
29 provided in s. 775.082, s. 775.083, or s. 775.084, if the
30 value of the property is $300 or more.
31 Section 7. Section 817.625, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 created to read:
2 817.625 Use of scanning device or reencoder to
3 defraud; penalties.--
4 (1) As used in this section, the term:
5 (a) "Scanning device" means a scanner, reader, or any
6 other electronic device that is used to access, read, scan,
7 obtain, memorize, or store, temporarily or permanently,
8 information encoded on the magnetic strip or stripe of a
9 payment card.
10 (b) "Reencoder" means an electronic device that places
11 encoded information from the magnetic strip or stripe of a
12 payment card onto the magnetic strip or stripe of a different
13 payment card.
14 (c) "Payment card" means a credit card, charge card,
15 debit card, or any other card that is issued to an authorized
16 card user and that allows the user to obtain, purchase, or
17 receive goods, services, money, or anything else of value from
18 a merchant.
19 (d) "Merchant" means a person who receives from an
20 authorized user of a payment card, or someone the person
21 believes to be an authorized user, a payment card or
22 information from a payment card, or what the person believes
23 to be a payment card or information from a payment card, as
24 the instrument for obtaining, purchasing, or receiving goods,
25 services, money, or anything else of value from the person.
26 (2)(a) It is a felony of the third degree, punishable
27 as provided in s. 775.082, s. 775.083, or s. 775.084, for a
28 person to use:
29 1. A scanning device to access, read, obtain,
30 memorize, or store, temporarily or permanently, information
31 encoded on the magnetic strip or stripe of a payment card
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 without the permission of the authorized user of the payment
2 card and with the intent to defraud the authorized user.
3 2. A reencoder to place information encoded on the
4 magnetic strip or stripe of a payment card onto the magnetic
5 strip or stripe of a different card without the permission of
6 the authorized user of the card from which the information is
7 being reencoded and with the intent to defraud the authorized
8 user.
9 (b) Any person who violates paragraph (a) a second or
10 subsequent time commits a felony of the second degree,
11 punishable as provided in s. 775.082, s. 775.083, or s.
12 775.084.
13 (c) Any person who violates paragraph (a) shall also
14 be subject to the provisions of ss. 932.701-932.707.
15 Section 8. Section 831.07, Florida Statutes, is
16 amended to read:
17 831.07 Forging bank bills, checks, drafts, or
18 promissory notes.--Whoever falsely makes, alters, forges, or
19 counterfeits a bank bill, check, draft, or promissory note
20 payable to the bearer thereof, or to the order of any person,
21 issued by an incorporated banking company established in this
22 state, or within the United States, or any foreign province,
23 state, or government, with intent to injure any person,
24 commits shall be guilty of a felony of the third degree,
25 punishable as provided in s. 775.082, s. 775.083, or s.
26 775.084.
27 Section 9. Section 831.08, Florida Statutes, is
28 amended to read:
29 831.08 Possessing certain forged notes, or bills,
30 checks, or drafts.--Whoever has in his or her possession 10 or
31 more similar false, altered, forged, or counterfeit notes,
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 bills of credit, bank bills, checks, drafts, or notes, such as
2 are mentioned in any of the preceding sections of this
3 chapter, payable to the bearer thereof or to the order of any
4 person, knowing the same to be false, altered, forged, or
5 counterfeit, with intent to utter and pass the same as true,
6 and thereby to injure or defraud any person, commits shall be
7 guilty of a felony of the third degree, punishable as provided
8 in s. 775.082, s. 775.083, or s. 775.084.
9 Section 10. Section 831.09, Florida Statutes, is
10 amended to read:
11 831.09 Uttering forged bills, checks, drafts, or
12 notes.--Whoever utters or passes or tenders in payment as
13 true, any such false, altered, forged, or counterfeit note, or
14 any bank bill, check, draft, or promissory note, payable to
15 the bearer thereof or to the order of any person, issued as
16 aforesaid, knowing the same to be false, altered, forged or
17 counterfeit, with intent to injure or defraud any person,
18 commits shall be guilty of a felony of the third degree,
19 punishable as provided in s. 775.082, s. 775.083, or s.
20 775.084.
21 Section 11. For the purposes of incorporating the
22 amendment to s. 831.09, Florida Statutes, section 831.10,
23 Florida Statutes, is reenacted to read:
24 831.10 Second conviction of uttering forged
25 bills.--Whoever, having been convicted of the offense
26 mentioned in s. 831.09 is again convicted of the like offense
27 committed after the former conviction, and whoever is at the
28 same term of the court convicted upon three distinct charges
29 of such offense, shall be deemed a common utterer of
30 counterfeit bills, and shall be punished as provided in s.
31 775.084.
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 Section 12. Section 831.11, Florida Statutes, is
2 amended to read:
3 831.11 Bringing into the state forged bank bills,
4 checks, drafts, or notes.--Whoever brings into this state or
5 has in his or her possession a false, forged, or counterfeit
6 bill, check, draft, or note in the similitude of the bills or
7 notes payable to the bearer thereof or to the order of any
8 person issued by or for any bank or banking company
9 established in this state, or within the United States, or any
10 foreign province, state or government, with intent to utter
11 and pass the same or to render the same current as true,
12 knowing the same to be false, forged, or counterfeit, commits
13 shall be guilty of a felony of the third degree, punishable as
14 provided in s. 775.082, s. 775.083, or s. 775.084.
15 Section 13. Section 831.12, Florida Statutes, is
16 amended to read:
17 831.12 Fraudulently connecting parts of genuine
18 instrument.--Whoever fraudulently connects together parts of
19 several banknotes, checks, drafts, or other genuine
20 instruments in such a manner as to produce one additional
21 note, check, draft, or instrument, with intent to pass all of
22 them as genuine, commits shall be deemed guilty of forgery in
23 like manner as if each of them had been falsely made or
24 forged.
25 Section 14. Section 831.28, Florida Statutes, is
26 created to read:
27 831.28 Counterfeiting a payment instrument; possessing
28 a counterfeit payment instrument; penalties.--
29 (1) As used in this section, the term "counterfeit"
30 means the manufacture of or arrangement to manufacture a
31 payment instrument, as defined in s. 560.103, without the
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 permission of the financial institution, account holder, or
2 organization whose name, routing number, or account number
3 appears on the payment instrument, or the manufacture of any
4 payment instrument with a fictitious name, routing number, or
5 account number.
6 (2)(a) It is unlawful to counterfeit a payment
7 instrument with the intent to defraud a financial institution,
8 account holder, or any other person or organization or for a
9 person to have any counterfeit payment instrument in such
10 person's possession. Any person who violates this subsection
11 commits a felony of the third degree, punishable as provided
12 in s. 775.082, s. 775.083, or s. 775.084.
13 (b) The printing of a payment instrument in the name
14 of a person or entity or with the routing number or account
15 number of a person or entity without the permission of the
16 person or entity to manufacture or reproduce such payment
17 instrument with such name, routing number, or account number
18 is prima facie evidence of intent to defraud.
19 (3) This section does not apply to a law enforcement
20 agency that produces or displays counterfeit payment
21 instruments for investigative or educational purposes.
22 Section 15. Subsection (10) is added to section
23 832.05, Florida Statutes, to read:
24 832.05 Giving worthless checks, drafts, and debit card
25 orders; penalty; duty of drawee; evidence; costs; complaint
26 form.--
27 (10) CONSTRUCTION; PAYEE OR HOLDER; INSUFFICIENT
28 FUNDS.--For purposes of construction of this section, a payee
29 or holder does not have knowledge, express notification, or
30 reason to believe that the maker or drawer has insufficient
31 funds to ensure payment of a check, draft, or debit card
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 solely because the maker or drawer has previously drawn or
2 issued a worthless check, draft, or debit card order to the
3 payee or holder.
4 Section 16. Paragraphs (b), (c), (d), (e), (f), and
5 (g) of subsection (3) of section 921.0022, Florida Statutes,
6 are amended to read:
7 921.0022 Criminal Punishment Code; offense severity
8 ranking chart.--
9 (3) OFFENSE SEVERITY RANKING CHART
10
11 Florida Felony
12 Statute Degree Description
13
14
15 (b) LEVEL 2
16 403.413(5)(c) 3rd Dumps waste litter exceeding 500
17 lbs. in weight or 100 cubic feet
18 in volume or any quantity for
19 commercial purposes, or hazardous
20 waste.
21 517.07 3rd Registration of securities and
22 furnishing of prospectus
23 required.
24 590.28(1) 3rd Willful, malicious, or
25 intentional burning.
26 784.05(3) 3rd Storing or leaving a loaded
27 firearm within reach of minor who
28 uses it to inflict injury or
29 death.
30 787.04(1) 3rd In violation of court order,
31 take, entice, etc., minor beyond
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 state limits.
2 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
3 or more to public communication
4 or any other public service.
5 810.09(2)(e) 3rd Trespassing on posted commerical
6 horticulture property.
7 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
8 more but less than $5,000.
9 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
10 more but less than $300, taken
11 from unenclosed curtilage of
12 dwelling.
13 812.015(7) 3rd Possession, use, or attempted use
14 of an antishoplifting or
15 inventory control device
16 countermeasure.
17 817.234(1)(a)2. 3rd False statement in support of
18 insurance claim.
19 817.481(3)(a) 3rd Obtain credit or purchase with
20 false, expired, counterfeit,
21 etc., credit card, value over
22 $300.
23 817.52(3) 3rd Failure to redeliver hired
24 vehicle.
25 817.54 3rd With intent to defraud, obtain
26 mortgage note, etc., by false
27 representation.
28 817.60(5) 3rd Dealing in credit cards of
29 another.
30 817.60(6)(a) 3rd Forgery; purchase goods, services
31 with false card.
17
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 817.61 3rd Fraudulent use of credit cards
2 over $100 or more within 6
3 months.
4 826.04 3rd Knowingly marries or has sexual
5 intercourse with person to whom
6 related.
7 831.01 3rd Forgery.
8 831.02 3rd Uttering forged instrument;
9 utters or publishes alteration
10 with intent to defraud.
11 831.07 3rd Forging bank bills, checks,
12 drafts, or promissory notes note.
13 831.08 3rd Possessing Possession of 10 or
14 more forged notes, bills, checks,
15 or drafts.
16 831.09 3rd Uttering forged notes, bills,
17 checks, drafts, or promissory
18 notes; passes as bank bill or
19 promissory note.
20 831.11 3rd Bringing into the state forged
21 bank bills, checks, drafts, or
22 notes.
23 832.05(3)(a) 3rd Cashing or depositing item with
24 intent to defraud.
25 843.08 3rd Falsely impersonating an officer.
26 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
27 (2)(c)1., (2)(c)2., (2)(c)3.,
28 (2)(c)5., (2)(c)6., (2)(c)7.,
29 (2)(c)8., (2)(c)9., (3), or (4)
30 drugs other than cannabis.
31
18
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 893.147(2) 3rd Manufacture or delivery of drug
2 paraphernalia.
3 (c) LEVEL 3
4 316.1935(2) 3rd Fleeing or attempting to elude
5 law enforcement officer in marked
6 patrol vehicle with siren and
7 lights activated.
8 319.30(4) 3rd Possession by junkyard of motor
9 vehicle with identification
10 number plate removed.
11 319.33(1)(a) 3rd Alter or forge any certificate of
12 title to a motor vehicle or
13 mobile home.
14 319.33(1)(c) 3rd Procure or pass title on stolen
15 vehicle.
16 319.33(4) 3rd With intent to defraud, possess,
17 sell, etc., a blank, forged, or
18 unlawfully obtained title or
19 registration.
20 328.05(2) 3rd Possess, sell, or counterfeit
21 fictitious, stolen, or fraudulent
22 titles or bills of sale of
23 vessels.
24 328.07(4) 3rd Manufacture, exchange, or possess
25 vessel with counterfeit or wrong
26 ID number.
27 376.302(5) 3rd Fraud related to reimbursement
28 for cleanup expenses under the
29 Inland Protection Trust Fund.
30 501.001(2)(b) 2nd Tampers with a consumer product
31 or the container using materially
19
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 false/misleading information.
2 697.08 3rd Equity skimming.
3 790.15(3) 3rd Person directs another to
4 discharge firearm from a vehicle.
5 796.05(1) 3rd Live on earnings of a prostitute.
6 806.10(1) 3rd Maliciously injure, destroy, or
7 interfere with vehicles or
8 equipment used in firefighting.
9 806.10(2) 3rd Interferes with or assaults
10 firefighter in performance of
11 duty.
12 810.09(2)(c) 3rd Trespass on property other than
13 structure or conveyance armed
14 with firearm or dangerous weapon.
15 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
16 less than $10,000.
17 815.04(4)(b) 2nd Computer offense devised to
18 defraud or obtain property.
19 817.034(4)(a)3. 3rd Engages in scheme to defraud
20 (Florida Communications Fraud
21 Act), property valued at less
22 than $20,000.
23 817.233 3rd Burning to defraud insurer.
24 828.12(2) 3rd Tortures any animal with intent
25 to inflict intense pain, serious
26 physical injury, or death.
27 831.28(2)(a) 3rd Counterfeiting a payment
28 instrument with intent to defraud
29 or possessing a counterfeit
30 payment instrument.
31
20
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 831.29 2nd Possession of instruments for
2 counterfeiting drivers' licenses
3 or identification cards.
4 838.021(3)(b) 3rd Threatens unlawful harm to public
5 servant.
6 843.19 3rd Injure, disable, or kill police
7 dog or horse.
8 870.01(2) 3rd Riot; inciting or encouraging.
9 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
10 cannabis (or other s.
11 893.03(1)(c), (2)(c)1., (2)(c)2.,
12 (2)(c)3., (2)(c)5., (2)(c)6.,
13 (2)(c)7., (2)(c)8., (2)(c)9.,
14 (3), or (4) drugs).
15 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
16 893.03(1)(c), (2)(c)1., (2)(c)2.,
17 (2)(c)3., (2)(c)5., (2)(c)6.,
18 (2)(c)7., (2)(c)8., (2)(c)9.,
19 (3), or (4) drugs within 200 feet
20 of university or public park.
21 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
22 893.03(1)(c), (2)(c)1., (2)(c)2.,
23 (2)(c)3., (2)(c)5., (2)(c)6.,
24 (2)(c)7., (2)(c)8., (2)(c)9.,
25 (3), or (4) drugs within 200 feet
26 of public housing facility.
27 893.13(6)(a) 3rd Possession of any controlled
28 substance other than felony
29 possession of cannabis.
30 893.13(7)(a)9. 3rd Obtain or attempt to obtain
31 controlled substance by fraud,
21
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 forgery, misrepresentation, etc.
2 893.13(7)(a)11. 3rd Furnish false or fraudulent
3 material information on any
4 document or record required by
5 chapter 893.
6 918.13(1)(a) 3rd Alter, destroy, or conceal
7 investigation evidence.
8 944.47
9 (1)(a)1.-2. 3rd Introduce contraband to
10 correctional facility.
11 944.47(1)(c) 2nd Possess contraband while upon the
12 grounds of a correctional
13 institution.
14 985.3141 3rd Escapes from a juvenile facility
15 (secure detention or residential
16 commitment facility).
17 (d) LEVEL 4
18 316.1935(3) 2nd Driving at high speed or with
19 wanton disregard for safety while
20 fleeing or attempting to elude
21 law enforcement officer who is in
22 a marked patrol vehicle with
23 siren and lights activated.
24 784.07(2)(b) 3rd Battery of law enforcement
25 officer, firefighter, intake
26 officer, etc.
27 784.075 3rd Battery on detention or
28 commitment facility staff.
29 784.08(2)(c) 3rd Battery on a person 65 years of
30 age or older.
31
22
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 784.081(3) 3rd Battery on specified official or
2 employee.
3 784.082(3) 3rd Battery by detained person on
4 visitor or other detainee.
5 784.083(3) 3rd Battery on code inspector.
6 784.085 3rd Battery of child by throwing,
7 tossing, projecting, or expelling
8 certain fluids or materials.
9 787.03(1) 3rd Interference with custody;
10 wrongly takes child from
11 appointed guardian.
12 787.04(2) 3rd Take, entice, or remove child
13 beyond state limits with criminal
14 intent pending custody
15 proceedings.
16 787.04(3) 3rd Carrying child beyond state lines
17 with criminal intent to avoid
18 producing child at custody
19 hearing or delivering to
20 designated person.
21 790.115(1) 3rd Exhibiting firearm or weapon
22 within 1,000 feet of a school.
23 790.115(2)(b) 3rd Possessing electric weapon or
24 device, destructive device, or
25 other weapon on school property.
26 790.115(2)(c) 3rd Possessing firearm on school
27 property.
28 800.04(7)(d) 3rd Lewd or lascivious exhibition;
29 offender less than 18 years.
30 810.02(4)(a) 3rd Burglary, or attempted burglary,
31 of an unoccupied structure;
23
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 unarmed; no assault or battery.
2 810.02(4)(b) 3rd Burglary, or attempted burglary,
3 of an unoccupied conveyance;
4 unarmed; no assault or battery.
5 810.06 3rd Burglary; possession of tools.
6 810.08(2)(c) 3rd Trespass on property, armed with
7 firearm or dangerous weapon.
8 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
9 or more but less than $20,000.
10 812.014
11 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
12 firearm, motor vehicle,
13 livestock, etc.
14 812.0195(2) 3rd Dealing in stolen property by use
15 of the Internet; property stolen
16 $300 or more.
17 817.563(1) 3rd Sell or deliver substance other
18 than controlled substance agreed
19 upon, excluding s. 893.03(5)
20 drugs.
21 817.625(2)(a) 3rd Fraudulent use of scanning device
22 or reencoder.
23 828.125(1) 2nd Kill, maim, or cause great bodily
24 harm or permanent breeding
25 disability to any registered
26 horse or cattle.
27 837.02(1) 3rd Perjury in official proceedings.
28 837.021(1) 3rd Make contradictory statements in
29 official proceedings.
30 843.021 3rd Possession of a concealed
31 handcuff key by a person in
24
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 custody.
2 843.025 3rd Deprive law enforcement,
3 correctional, or correctional
4 probation officer of means of
5 protection or communication.
6 843.15(1)(a) 3rd Failure to appear while on bail
7 for felony (bond estreature or
8 bond jumping).
9 874.05(1) 3rd Encouraging or recruiting another
10 to join a criminal street gang.
11 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
12 893.03(1)(a), (b), or (d),
13 (2)(a), (2)(b), or (2)(c)4.
14 drugs).
15 914.14(2) 3rd Witnesses accepting bribes.
16 914.22(1) 3rd Force, threaten, etc., witness,
17 victim, or informant.
18 914.23(2) 3rd Retaliation against a witness,
19 victim, or informant, no bodily
20 injury.
21 918.12 3rd Tampering with jurors.
22 (e) LEVEL 5
23 316.027(1)(a) 3rd Accidents involving personal
24 injuries, failure to stop;
25 leaving scene.
26 316.1935(4) 2nd Aggravated fleeing or eluding.
27 322.34(6) 3rd Careless operation of motor
28 vehicle with suspended license,
29 resulting in death or serious
30 bodily injury.
31
25
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 327.30(5) 3rd Vessel accidents involving
2 personal injury; leaving scene.
3 381.0041(11)(b) 3rd Donate blood, plasma, or organs
4 knowing HIV positive.
5 790.01(2) 3rd Carrying a concealed firearm.
6 790.162 2nd Threat to throw or discharge
7 destructive device.
8 790.163 2nd False report of deadly explosive.
9 790.165(2) 3rd Manufacture, sell, possess, or
10 deliver hoax bomb.
11 790.221(1) 2nd Possession of short-barreled
12 shotgun or machine gun.
13 790.23 2nd Felons in possession of firearms
14 or electronic weapons or devices.
15 800.04(6)(c) 3rd Lewd or lascivious conduct;
16 offender less than 18 years.
17 800.04(7)(c) 2nd Lewd or lascivious exhibition;
18 offender 18 years or older.
19 806.111(1) 3rd Possess, manufacture, or dispense
20 fire bomb with intent to damage
21 any structure or property.
22 812.019(1) 2nd Stolen property; dealing in or
23 trafficking in.
24 812.131(2)(b) 3rd Robbery by sudden snatching.
25 812.16(2) 3rd Owning, operating, or conducting
26 a chop shop.
27 817.034(4)(a)2. 2nd Communications fraud, value
28 $20,000 to $50,000.
29 817.625(2)(b) 2nd Second or subsequent fraudulent
30 use of scanning device or
31 reencoder.
26
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 825.1025(4) 3rd Lewd or lascivious exhibition in
2 the presence of an elderly person
3 or disabled adult.
4 827.071(4) 2nd Possess with intent to promote
5 any photographic material, motion
6 picture, etc., which includes
7 sexual conduct by a child.
8 843.01 3rd Resist officer with violence to
9 person; resist arrest with
10 violence.
11 874.05(2) 2nd Encouraging or recruiting another
12 to join a criminal street gang;
13 second or subsequent offense.
14 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
15 cocaine (or other s.
16 893.03(1)(a), (1)(b), (1)(d),
17 (2)(a), (2)(b), or (2)(c)4.
18 drugs).
19 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
20 cannabis (or other s.
21 893.03(1)(c), (2)(c)1., (2)(c)2.,
22 (2)(c)3., (2)(c)5., (2)(c)6.,
23 (2)(c)7., (2)(c)8., (2)(c)9.,
24 (3), or (4) drugs) within 1,000
25 feet of a child care facility or
26 school.
27 893.13(1)(d)1. 1st Sell, manufacture, or deliver
28 cocaine (or other s.
29 893.03(1)(a), (1)(b), (1)(d),
30 (2)(a), (2)(b), or (2)(c)4.
31 drugs) within 200 feet of
27
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 university or public park.
2 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
3 cannabis or other drug prohibited
4 under s. 893.03(1)(c), (2)(c)1.,
5 (2)(c)2., (2)(c)3., (2)(c)5.,
6 (2)(c)6., (2)(c)7., (2)(c)8.,
7 (2)(c)9., (3), or (4) within
8 1,000 feet of property used for
9 religious services or a specified
10 business site.
11 893.13(1)(f)1. 1st Sell, manufacture, or deliver
12 cocaine (or other s.
13 893.03(1)(a), (1)(b), (1)(d), or
14 (2)(a), (2)(b), or (2)(c)4.
15 drugs) within 200 feet of public
16 housing facility.
17 893.13(4)(b) 2nd Deliver to minor cannabis (or
18 other s. 893.03(1)(c), (2)(c)1.,
19 (2)(c)2., (2)(c)3., (2)(c)5.,
20 (2)(c)6., (2)(c)7., (2)(c)8.,
21 (2)(c)9., (3), or (4) drugs).
22 (f) LEVEL 6
23 316.027(1)(b) 2nd Accident involving death, failure
24 to stop; leaving scene.
25 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
26 conviction.
27 775.0875(1) 3rd Taking firearm from law
28 enforcement officer.
29 775.21(10) 3rd Sexual predators; failure to
30 register; failure to renew
31 driver's license or
28
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 identification card.
2 784.021(1)(a) 3rd Aggravated assault; deadly weapon
3 without intent to kill.
4 784.021(1)(b) 3rd Aggravated assault; intent to
5 commit felony.
6 784.041 3rd Felony battery.
7 784.048(3) 3rd Aggravated stalking; credible
8 threat.
9 784.048(5) 3rd Aggravated stalking of person
10 under 16.
11 784.07(2)(c) 2nd Aggravated assault on law
12 enforcement officer.
13 784.08(2)(b) 2nd Aggravated assault on a person 65
14 years of age or older.
15 784.081(2) 2nd Aggravated assault on specified
16 official or employee.
17 784.082(2) 2nd Aggravated assault by detained
18 person on visitor or other
19 detainee.
20 784.083(2) 2nd Aggravated assault on code
21 inspector.
22 787.02(2) 3rd False imprisonment; restraining
23 with purpose other than those in
24 s. 787.01.
25 790.115(2)(d) 2nd Discharging firearm or weapon on
26 school property.
27 790.161(2) 2nd Make, possess, or throw
28 destructive device with intent to
29 do bodily harm or damage
30 property.
31
29
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 790.164(1) 2nd False report of deadly explosive
2 or act of arson or violence to
3 state property.
4 790.19 2nd Shooting or throwing deadly
5 missiles into dwellings, vessels,
6 or vehicles.
7 794.011(8)(a) 3rd Solicitation of minor to
8 participate in sexual activity by
9 custodial adult.
10 794.05(1) 2nd Unlawful sexual activity with
11 specified minor.
12 800.04(5)(d) 3rd Lewd or lascivious molestation;
13 victim 12 years of age or older
14 but less than 16 years; offender
15 less than 18 years.
16 800.04(6)(b) 2nd Lewd or lascivious conduct;
17 offender 18 years of age or
18 older.
19 806.031(2) 2nd Arson resulting in great bodily
20 harm to firefighter or any other
21 person.
22 810.02(3)(c) 2nd Burglary of occupied structure;
23 unarmed; no assault or battery.
24 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
25 but less than $100,000, grand
26 theft in 2nd degree.
27 812.014(2)(b)2. 2nd Property stolen cargo valued at
28 less than $50,000, grand theft in
29 2nd degree.
30 812.015(9) 2nd Retail theft; property stolen
31 $300 or more; second or
30
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 subsequent conviction.
2 812.13(2)(c) 2nd Robbery, no firearm or other
3 weapon (strong-arm robbery).
4 817.034(4)(a)1. 1st Communications fraud, value
5 greater than $50,000.
6 817.4821(5) 2nd Possess cloning paraphernalia
7 with intent to create cloned
8 cellular telephones.
9 825.102(1) 3rd Abuse of an elderly person or
10 disabled adult.
11 825.102(3)(c) 3rd Neglect of an elderly person or
12 disabled adult.
13 825.1025(3) 3rd Lewd or lascivious molestation of
14 an elderly person or disabled
15 adult.
16 825.103(2)(c) 3rd Exploiting an elderly person or
17 disabled adult and property is
18 valued at less than $20,000.
19 827.03(1) 3rd Abuse of a child.
20 827.03(3)(c) 3rd Neglect of a child.
21 827.071(2)&(3) 2nd Use or induce a child in a sexual
22 performance, or promote or direct
23 such performance.
24 836.05 2nd Threats; extortion.
25 836.10 2nd Written threats to kill or do
26 bodily injury.
27 843.12 3rd Aids or assists person to escape.
28 847.0135(3) 3rd Solicitation of a child, via a
29 computer service, to commit an
30 unlawful sex act.
31
31
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 914.23 2nd Retaliation against a witness,
2 victim, or informant, with bodily
3 injury.
4 943.0435(9) 3rd Sex offenders; failure to comply
5 with reporting requirements.
6 944.35(3)(a)2. 3rd Committing malicious battery upon
7 or inflicting cruel or inhuman
8 treatment on an inmate or
9 offender on community
10 supervision, resulting in great
11 bodily harm.
12 944.40 2nd Escapes.
13 944.46 3rd Harboring, concealing, aiding
14 escaped prisoners.
15 944.47(1)(a)5. 2nd Introduction of contraband
16 (firearm, weapon, or explosive)
17 into correctional facility.
18 951.22(1) 3rd Intoxicating drug, firearm, or
19 weapon introduced into county
20 facility.
21 (g) LEVEL 7
22 316.193(3)(c)2. 3rd DUI resulting in serious bodily
23 injury.
24 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
25 bodily injury.
26 402.319(2) 2nd Misrepresentation and negligence
27 or intentional act resulting in
28 great bodily harm, permanent
29 disfiguration, permanent
30 disability, or death.
31 409.920(2) 3rd Medicaid provider fraud.
32
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 456.065(2) 3rd Practicing a health care
2 profession without a license.
3 456.065(2) 2nd Practicing a health care
4 profession without a license
5 which results in serious bodily
6 injury.
7 458.327(1) 3rd Practicing medicine without a
8 license.
9 459.013(1) 3rd Practicing osteopathic medicine
10 without a license.
11 460.411(1) 3rd Practicing chiropractic medicine
12 without a license.
13 461.012(1) 3rd Practicing podiatric medicine
14 without a license.
15 462.17 3rd Practicing naturopathy without a
16 license.
17 463.015(1) 3rd Practicing optometry without a
18 license.
19 464.016(1) 3rd Practicing nursing without a
20 license.
21 465.015(2) 3rd Practicing pharmacy without a
22 license.
23 466.026(1) 3rd Practicing dentistry or dental
24 hygiene without a license.
25 467.201 3rd Practicing midwifery without a
26 license.
27 468.366 3rd Delivering respiratory care
28 services without a license.
29 483.828(1) 3rd Practicing as clinical laboratory
30 personnel without a license.
31
33
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 483.901(9) 3rd Practicing medical physics
2 without a license.
3 484.053 3rd Dispensing hearing aids without a
4 license.
5 494.0018(2) 1st Conviction of any violation of
6 ss. 494.001-494.0077 in which the
7 total money and property
8 unlawfully obtained exceeded
9 $50,000 and there were five or
10 more victims.
11 560.123(8)(b)1. 3rd Failure to report currency or
12 payment instruments exceeding
13 $300 but less than $20,000 by
14 money transmitter.
15 560.125(5)(a) 3rd Money transmitter business by
16 unauthorized person, currency or
17 payment instruments exceeding
18 $300 but less than $20,000.
19 655.50(10)(b)1. 3rd Failure to report financial
20 transactions exceeding $300 but
21 less than $20,000 by financial
22 institution.
23 782.051(3) 2nd Attempted felony murder of a
24 person by a person other than the
25 perpetrator or the perpetrator of
26 an attempted felony.
27 782.07(1) 2nd Killing of a human being by the
28 act, procurement, or culpable
29 negligence of another
30 (manslaughter).
31
34
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hec0002 04:09 pm 00531-ccc -885749
HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.07(2)(d) 1st Aggravated battery on law
19 enforcement officer.
20 784.08(2)(a) 1st Aggravated battery on a person 65
21 years of age or older.
22 784.081(1) 1st Aggravated battery on specified
23 official or employee.
24 784.082(1) 1st Aggravated battery by detained
25 person on visitor or other
26 detainee.
27 784.083(1) 1st Aggravated battery on code
28 inspector.
29 790.07(4) 1st Specified weapons violation
30 subsequent to previous conviction
31 of s. 790.07(1) or (2).
35
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 790.16(1) 1st Discharge of a machine gun under
2 specified circumstances.
3 790.166(3) 2nd Possessing, selling, using, or
4 attempting to use a hoax weapon
5 of mass destruction.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a) 1st Property stolen, valued at
24 $100,000 or more; cargo stolen
25 valued at $50,000, or more;
26 property stolen while causing
27 other property damage; 1st degree
28 grand theft
29 812.014(2)(b)3. 2nd Property stolen, emergency
30 medical equipment; 2nd degree
31 grand theft.
36
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 812.019(2) 1st Stolen property; initiates,
2 organizes, plans, etc., the theft
3 of property and traffics in
4 stolen property.
5 812.131(2)(a) 2nd Robbery by sudden snatching.
6 812.133(2)(b) 1st Carjacking; no firearm, deadly
7 weapon, or other weapon.
8 825.102(3)(b) 2nd Neglecting an elderly person or
9 disabled adult causing great
10 bodily harm, disability, or
11 disfigurement.
12 825.1025(2) 2nd Lewd or lascivious battery upon
13 an elderly person or disabled
14 adult.
15 825.103(2)(b) 2nd Exploiting an elderly person or
16 disabled adult and property is
17 valued at $20,000 or more, but
18 less than $100,000.
19 827.03(3)(b) 2nd Neglect of a child causing great
20 bodily harm, disability, or
21 disfigurement.
22 827.04(3) 3rd Impregnation of a child under 16
23 years of age by person 21 years
24 of age or older.
25 837.05(2) 3rd Giving false information about
26 alleged capital felony to a law
27 enforcement officer.
28 872.06 2nd Abuse of a dead human body.
29 893.13(1)(c)1. 1st Sell, manufacture, or deliver
30 cocaine (or other drug prohibited
31 under s. 893.03(1)(a), (1)(b),
37
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 (1)(d), (2)(a), (2)(b), or
2 (2)(c)4.) within 1,000 feet of a
3 child care facility or school.
4 893.13(1)(e)1. 1st Sell, manufacture, or deliver
5 cocaine or other drug prohibited
6 under s. 893.03(1)(a), (1)(b),
7 (1)(d), (2)(a), (2)(b), or
8 (2)(c)4., within 1,000 feet of
9 property used for religious
10 services or a specified business
11 site.
12 893.13(4)(a) 1st Deliver to minor cocaine (or
13 other s. 893.03(1)(a), (1)(b),
14 (1)(d), (2)(a), (2)(b), or
15 (2)(c)4. drugs).
16 893.135(1)(a)1. 1st Trafficking in cannabis, more
17 than 50 lbs., less than 2,000
18 lbs.
19 893.135
20 (1)(b)1.a. 1st Trafficking in cocaine, more than
21 28 grams, less than 200 grams.
22 893.135
23 (1)(c)1.a. 1st Trafficking in illegal drugs,
24 more than 4 grams, less than 14
25 grams.
26 893.135
27 (1)(d)1. 1st Trafficking in phencyclidine,
28 more than 28 grams, less than 200
29 grams.
30 893.135(1)(e)1. 1st Trafficking in methaqualone, more
31 than 200 grams, less than 5
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 kilograms.
2 893.135(1)(f)1. 1st Trafficking in amphetamine, more
3 than 14 grams, less than 28
4 grams.
5 893.135
6 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
7 grams or more, less than 14
8 grams.
9 893.135
10 (1)(h)1.a. 1st Trafficking in
11 gamma-hydroxybutyric acid (GHB),
12 1 kilogram or more, less than 5
13 kilograms.
14 893.135
15 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
16 kilogram or more, less then 5
17 kilograms.
18 893.135
19 (1)(j)2.a. 1st Trafficking in Phenethylamines,
20 10 grams or more, less than 200
21 grams.
22 896.101(5)(a) 3rd Money laundering, financial
23 transactions exceeding $300 but
24 less than $20,000.
25 896.104(4)(a)1. 3rd Structuring transactions to evade
26 reporting or registration
27 requirements, financial
28 transactions exceeding $300 but
29 less than $20,000.
30 Section 17. Local task force on retail crime.--The
31 Legislature encourages local law enforcement agencies to
39
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 establish a task force on retail crime. The task force should
2 act as an advisory body to study the problem of retail crime
3 and develop recommendations for handling retail crime and
4 theft in an expeditious and uniform manner. The task force
5 should submit its recommendations to the sheriff or chief
6 officer of the local law enforcement agency, the state
7 attorney, and the chief judge of the judicial circuit. The
8 sheriff or chief officer of the local law enforcement agency
9 should appoint the members of the task force. A majority of
10 the membership of the task force should consist of persons
11 actively engaged in a retail business or employees of persons
12 actively engaged in a retail business. The task force should
13 terminate existence upon completing its assignment.
14 Section 18. If any provision of this act or the
15 applications thereof to any person or circumstance is held
16 invalid, the invalidity does not affect other provisions or
17 applications of the act which can be given effect without the
18 invalid provision or application, and to this end the
19 provisions of this act are declared severable.
20 Section 19. This act shall take effect July 1, 2001.
21
22
23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 On page 1,
26 remove from the title of the bill: the entire title
27
28 and insert in lieu thereof:
29 An act relating to property crimes; amending s.
30 812.014, F.S.; providing second-degree felony penalties for
31 theft of certain emergency medical equipment and theft of
40
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 certain cargo; amending s. 812.015, F.S.; revising certain
2 definitions; authorizing a merchant or merchant's employee to
3 provide a business address for purposes of any investigation
4 with respect to the offense of retail theft; providing a
5 felony penalty for unlawfully possessing antishoplifting or
6 inventory control device countermeasures; providing a
7 third-degree felony penalty for certain commission of retail
8 theft; providing a second-degree felony penalty for second or
9 subsequent violations of such retail theft; creating s.
10 812.0155, F.S.; authorizing a court to suspend the driver's
11 license of certain persons under certain circumstances;
12 requiring a court to suspend the driver's license of such
13 persons for second or subsequent offenses; providing for
14 increased periods of suspension for second or subsequent
15 adjudications; providing requirements of court for revoking,
16 suspending, or withholding issuance of the driver's license of
17 certain persons; providing construction; creating s. 812.017,
18 F.S.; providing misdemeanor penalties for the use of a
19 fraudulently obtained or false receipt to request a refund or
20 obtain merchandise; creating s. 812.0195, F.S.; providing
21 criminal penalties for dealing in stolen property by use of
22 the Internet; creating s. 817.625, F.S.; providing
23 definitions; providing a felony penalty for using a scanning
24 device to access, read, obtain, memorize, or store information
25 encoded on a payment card without the permission of, and with
26 intent to defraud, the authorized user of the payment card;
27 providing a felony penalty for using a reencoder to place
28 information onto a payment card without the permission of, and
29 with intent to defraud, the authorized user of the payment
30 card; providing an enhanced penalty for a second or subsequent
31 violation of the act; subjecting certain violations to the
41
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HOUSE AMENDMENT
Bill No. HB 531
Amendment No. 02 (for drafter's use only)
1 Florida Contraband Forfeiture Act; amending ss. 831.07,
2 831.08, and 831.09, F.S.; prohibiting forging a check or draft
3 or possessing or passing a forged check or draft; providing
4 penalties; reenacting s. 831.10, F.S., relating to second
5 conviction of uttering forged bills, to incorporate a
6 reference; amending s. 831.11, F.S.; prohibiting bringing a
7 forged or counterfeit check or draft into the state; providing
8 a penalty; amending s. 831.12, F.S.; providing that connecting
9 together checks or drafts to produce an additional check or
10 draft constitutes the offense of forgery; creating s. 831.28,
11 F.S.; providing a definition; making unlawful the
12 counterfeiting of payment instruments with intent to defraud
13 or possessing counterfeit payment instruments; providing a
14 felony penalty; specifying acts that constitute prima facie
15 evidence of intent to defraud; authorizing a law enforcement
16 agency to produce or display a counterfeit payment instrument
17 for training purposes; amending s. 832.05, F.S.; providing
18 that prior passing of a worthless check or draft is not notice
19 to the payee of insufficient funds to ensure payment of a
20 subsequent check or draft; amending s. 921.0022, F.S.;
21 conforming provisions of the Offense Severity Ranking Chart of
22 the Criminal Punishment Code to changes made by the act;
23 encouraging local law enforcement agencies to establish a task
24 force on retail crime; providing direction on the composition,
25 operation, and termination of such a task force; providing
26 severability; providing an effective date.
27
28
29
30
31
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