HOUSE AMENDMENT
Bill No. HB 737
Amendment No. 03 (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 Healthy Communities offered the following:
12
13 Substitute Amendment for Amendment (155961) (with title
14 amendment)
15 On page 2, line 6, through page 10, line 21,
16 remove from the bill: all said lines
17
18 and insert in lieu thereof: Section 2. Paragraph (b) of
19 subsection (2) of section 812.014, Florida Statutes, is
20 amended to read:
21 (2)(b)1. If the property stolen is valued at $20,000
22 or more, but less than $100,000; or
23 2. The property stolen is emergency medical equipment
24 valued at $300 or more, that is taken from a facility licensed
25 under chapter 395 or from an aircraft or vehicle permitted
26 under chapter 401,
27 the offender commits grand theft in the second degree,
28 punishable as a felony of the second degree, as provided in s.
29 775.082, s. 775.083, or s. 775.084. Emergency medical
30 equipment means mechanical or electronic apparatus used to
31 provide emergency services and care as defined in s.
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HOUSE AMENDMENT
Bill No. HB 737
Amendment No. 03 (for drafter's use only)
1 395.002(10) or to treat medical emergencies.
2 Section 3. Paragraphs (f) and (g) of subsection (3) of
3 section 921.0022, Florida Statutes, is amended to read:
4 921.0022 Criminal Punishment Code; offense severity
5 ranking chart.--
6 (3) OFFENSE SEVERITY RANKING CHART
7
8 Florida Felony
9 Statute Degree Description
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12 (f) LEVEL 6
13 316.027(1)(b) 2nd Accident involving death, failure
14 to stop; leaving scene.
15 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
16 conviction.
17 775.0875(1) 3rd Taking firearm from law
18 enforcement officer.
19 775.21(10) 3rd Sexual predators; failure to
20 register; failure to renew
21 driver's license or
22 identification card.
23 784.021(1)(a) 3rd Aggravated assault; deadly weapon
24 without intent to kill.
25 784.021(1)(b) 3rd Aggravated assault; intent to
26 commit felony.
27 784.041 3rd Felony battery.
28 784.048(3) 3rd Aggravated stalking; credible
29 threat.
30 784.048(5) 3rd Aggravated stalking of person
31 under 16.
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HOUSE AMENDMENT
Bill No. HB 737
Amendment No. 03 (for drafter's use only)
1 784.07(2)(c) 2nd Aggravated assault on law
2 enforcement officer.
3 784.08(2)(b) 2nd Aggravated assault on a person 65
4 years of age or older.
5 784.081(2) 2nd Aggravated assault on specified
6 official or employee.
7 784.082(2) 2nd Aggravated assault by detained
8 person on visitor or other
9 detainee.
10 784.083(2) 2nd Aggravated assault on code
11 inspector.
12 787.02(2) 3rd False imprisonment; restraining
13 with purpose other than those in
14 s. 787.01.
15 790.115(2)(d) 2nd Discharging firearm or weapon on
16 school property.
17 790.161(2) 2nd Make, possess, or throw
18 destructive device with intent to
19 do bodily harm or damage
20 property.
21 790.164(1) 2nd False report of deadly explosive
22 or act of arson or violence to
23 state property.
24 790.19 2nd Shooting or throwing deadly
25 missiles into dwellings, vessels,
26 or vehicles.
27 794.011(8)(a) 3rd Solicitation of minor to
28 participate in sexual activity by
29 custodial adult.
30 794.05(1) 2nd Unlawful sexual activity with
31 specified minor.
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HOUSE AMENDMENT
Bill No. HB 737
Amendment No. 03 (for drafter's use only)
1 800.04(5)(d) 3rd Lewd or lascivious molestation;
2 victim 12 years of age or older
3 but less than 16 years; offender
4 less than 18 years.
5 800.04(6)(b) 2nd Lewd or lascivious conduct;
6 offender 18 years of age or
7 older.
8 806.031(2) 2nd Arson resulting in great bodily
9 harm to firefighter or any other
10 person.
11 810.02(3)(c) 2nd Burglary of occupied structure;
12 unarmed; no assault or battery.
13 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
14 but less than $100,000, grand
15 theft in 2nd degree.
16 812.13(2)(c) 2nd Robbery, no firearm or other
17 weapon (strong-arm robbery).
18 817.034(4)(a)1. 1st Communications fraud, value
19 greater than $50,000.
20 817.4821(5) 2nd Possess cloning paraphernalia
21 with intent to create cloned
22 cellular telephones.
23 825.102(1) 3rd Abuse of an elderly person or
24 disabled adult.
25 825.102(3)(c) 3rd Neglect of an elderly person or
26 disabled adult.
27 825.1025(3) 3rd Lewd or lascivious molestation of
28 an elderly person or disabled
29 adult.
30 825.103(2)(c) 3rd Exploiting an elderly person or
31 disabled adult and property is
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HOUSE AMENDMENT
Bill No. HB 737
Amendment No. 03 (for drafter's use only)
1 valued at less than $20,000.
2 827.03(1) 3rd Abuse of a child.
3 827.03(3)(c) 3rd Neglect of a child.
4 827.071(2)&(3) 2nd Use or induce a child in a sexual
5 performance, or promote or direct
6 such performance.
7 836.05 2nd Threats; extortion.
8 836.10 2nd Written threats to kill or do
9 bodily injury.
10 843.12 3rd Aids or assists person to escape.
11 847.0135(3) 3rd Solicitation of a child, via a
12 computer service, to commit an
13 unlawful sex act.
14 914.23 2nd Retaliation against a witness,
15 victim, or informant, with bodily
16 injury.
17 943.0435(9) 3rd Sex offenders; failure to comply
18 with reporting requirements.
19 944.35(3)(a)2. 3rd Committing malicious battery upon
20 or inflicting cruel or inhuman
21 treatment on an inmate or
22 offender on community
23 supervision, resulting in great
24 bodily harm.
25 944.40 2nd Escapes.
26 944.46 3rd Harboring, concealing, aiding
27 escaped prisoners.
28 944.47(1)(a)5. 2nd Introduction of contraband
29 (firearm, weapon, or explosive)
30 into correctional facility.
31
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HOUSE AMENDMENT
Bill No. HB 737
Amendment No. 03 (for drafter's use only)
1 951.22(1) 3rd Intoxicating drug, firearm, or
2 weapon introduced into county
3 facility.
4 (g) LEVEL 7
5 316.193(3)(c)2. 3rd DUI resulting in serious bodily
6 injury.
7 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
8 bodily injury.
9 402.319(2) 2nd Misrepresentation and negligence
10 or intentional act resulting in
11 great bodily harm, permanent
12 disfiguration, permanent
13 disability, or death.
14 409.920(2) 3rd Medicaid provider fraud.
15 456.065(2) 3rd Practicing a health care
16 profession without a license.
17 456.065(2) 2nd Practicing a health care
18 profession without a license
19 which results in serious bodily
20 injury.
21 458.327(1) 3rd Practicing medicine without a
22 license.
23 459.013(1) 3rd Practicing osteopathic medicine
24 without a license.
25 460.411(1) 3rd Practicing chiropractic medicine
26 without a license.
27 461.012(1) 3rd Practicing podiatric medicine
28 without a license.
29 462.17 3rd Practicing naturopathy without a
30 license.
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HOUSE AMENDMENT
Bill No. HB 737
Amendment No. 03 (for drafter's use only)
1 463.015(1) 3rd Practicing optometry without a
2 license.
3 464.016(1) 3rd Practicing nursing without a
4 license.
5 465.015(2) 3rd Practicing pharmacy without a
6 license.
7 466.026(1) 3rd Practicing dentistry or dental
8 hygiene without a license.
9 467.201 3rd Practicing midwifery without a
10 license.
11 468.366 3rd Delivering respiratory care
12 services without a license.
13 483.828(1) 3rd Practicing as clinical laboratory
14 personnel without a license.
15 483.901(9) 3rd Practicing medical physics
16 without a license.
17 484.053 3rd Dispensing hearing aids without a
18 license.
19 494.0018(2) 1st Conviction of any violation of
20 ss. 494.001-494.0077 in which the
21 total money and property
22 unlawfully obtained exceeded
23 $50,000 and there were five or
24 more victims.
25 560.123(8)(b)1. 3rd Failure to report currency or
26 payment instruments exceeding
27 $300 but less than $20,000 by
28 money transmitter.
29 560.125(5)(a) 3rd Money transmitter business by
30 unauthorized person, currency or
31 payment instruments exceeding
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HOUSE AMENDMENT
Bill No. HB 737
Amendment No. 03 (for drafter's use only)
1 $300 but less than $20,000.
2 655.50(10)(b)1. 3rd Failure to report financial
3 transactions exceeding $300 but
4 less than $20,000 by financial
5 institution.
6 782.051(3) 2nd Attempted felony murder of a
7 person by a person other than the
8 perpetrator or the perpetrator of
9 an attempted felony.
10 782.07(1) 2nd Killing of a human being by the
11 act, procurement, or culpable
12 negligence of another
13 (manslaughter).
14 782.071 2nd Killing of human being or viable
15 fetus by the operation of a motor
16 vehicle in a reckless manner
17 (vehicular homicide).
18 782.072 2nd Killing of a human being by the
19 operation of a vessel in a
20 reckless manner (vessel
21 homicide).
22 784.045(1)(a)1. 2nd Aggravated battery; intentionally
23 causing great bodily harm or
24 disfigurement.
25 784.045(1)(a)2. 2nd Aggravated battery; using deadly
26 weapon.
27 784.045(1)(b) 2nd Aggravated battery; perpetrator
28 aware victim pregnant.
29 784.048(4) 3rd Aggravated stalking; violation of
30 injunction or court order.
31
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HOUSE AMENDMENT
Bill No. HB 737
Amendment No. 03 (for drafter's use only)
1 784.07(2)(d) 1st Aggravated battery on law
2 enforcement officer.
3 784.08(2)(a) 1st Aggravated battery on a person 65
4 years of age or older.
5 784.081(1) 1st Aggravated battery on specified
6 official or employee.
7 784.082(1) 1st Aggravated battery by detained
8 person on visitor or other
9 detainee.
10 784.083(1) 1st Aggravated battery on code
11 inspector.
12 790.07(4) 1st Specified weapons violation
13 subsequent to previous conviction
14 of s. 790.07(1) or (2).
15 790.16(1) 1st Discharge of a machine gun under
16 specified circumstances.
17 790.166(3) 2nd Possessing, selling, using, or
18 attempting to use a hoax weapon
19 of mass destruction.
20 796.03 2nd Procuring any person under 16
21 years for prostitution.
22 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
23 victim less than 12 years of age;
24 offender less than 18 years.
25 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
26 victim 12 years of age or older
27 but less than 16 years; offender
28 18 years or older.
29 806.01(2) 2nd Maliciously damage structure by
30 fire or explosive.
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HOUSE AMENDMENT
Bill No. HB 737
Amendment No. 03 (for drafter's use only)
1 810.02(3)(a) 2nd Burglary of occupied dwelling;
2 unarmed; no assault or battery.
3 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(d) 2nd Burglary of occupied conveyance;
6 unarmed; no assault or battery.
7 812.014(2)(a) 1st Property stolen, valued at
8 $100,000 or more; property stolen
9 while causing other property
10 damage; 1st degree grand theft.
11 812.014(2)(b)2 2nd Property stolen, emergency
12 medical equipment; 2nd degree
13 grand theft.
14 812.019(2) 1st Stolen property; initiates,
15 organizes, plans, etc., the theft
16 of property and traffics in
17 stolen property.
18 812.131(2)(a) 2nd Robbery by sudden snatching.
19 812.133(2)(b) 1st Carjacking; no firearm, deadly
20 weapon, or other weapon.
21 825.102(3)(b) 2nd Neglecting an elderly person or
22 disabled adult causing great
23 bodily harm, disability, or
24 disfigurement.
25 825.1025(2) 2nd Lewd or lascivious battery upon
26 an elderly person or disabled
27 adult.
28 825.103(2)(b) 2nd Exploiting an elderly person or
29 disabled adult and property is
30 valued at $20,000 or more, but
31 less than $100,000.
10
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HOUSE AMENDMENT
Bill No. HB 737
Amendment No. 03 (for drafter's use only)
1 827.03(3)(b) 2nd Neglect of a child causing great
2 bodily harm, disability, or
3 disfigurement.
4 827.04(3) 3rd Impregnation of a child under 16
5 years of age by person 21 years
6 of age or older.
7 837.05(2) 3rd Giving false information about
8 alleged capital felony to a law
9 enforcement officer.
10 872.06 2nd Abuse of a dead human body.
11 893.13(1)(c)1. 1st Sell, manufacture, or deliver
12 cocaine (or other drug prohibited
13 under s. 893.03(1)(a), (1)(b),
14 (1)(d), (2)(a), (2)(b), or
15 (2)(c)4.) within 1,000 feet of a
16 child care facility or school.
17 893.13(1)(e)1. 1st Sell, manufacture, or deliver
18 cocaine or other drug prohibited
19 under s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4., within 1,000 feet of
22 property used for religious
23 services or a specified business
24 site.
25 893.13(4)(a) 1st Deliver to minor cocaine (or
26 other s. 893.03(1)(a), (1)(b),
27 (1)(d), (2)(a), (2)(b), or
28 (2)(c)4. drugs).
29 893.135(1)(a)1. 1st Trafficking in cannabis, more
30 than 50 lbs., less than 2,000
31 lbs.
11
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HOUSE AMENDMENT
Bill No. HB 737
Amendment No. 03 (for drafter's use only)
1 893.135
2 (1)(b)1.a. 1st Trafficking in cocaine, more than
3 28 grams, less than 200 grams.
4 893.135
5 (1)(c)1.a. 1st Trafficking in illegal drugs,
6 more than 4 grams, less than 14
7 grams.
8 893.135
9 (1)(d)1. 1st Trafficking in phencyclidine,
10 more than 28 grams, less than 200
11 grams.
12 893.135(1)(e)1. 1st Trafficking in methaqualone, more
13 than 200 grams, less than 5
14 kilograms.
15 893.135(1)(f)1. 1st Trafficking in amphetamine, more
16 than 14 grams, less than 28
17 grams.
18 893.135
19 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
20 grams or more, less than 14
21 grams.
22 893.135
23 (1)(h)1.a. 1st Trafficking in
24 gamma-hydroxybutyric acid (GHB),
25 1 kilogram or more, less than 5
26 kilograms.
27 893.135
28 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
29 kilogram or more, less then 5
30 kilograms.
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HOUSE AMENDMENT
Bill No. HB 737
Amendment No. 03 (for drafter's use only)
1 893.135
2 (1)(j)2.a. 1st Trafficking in Phenethylamines,
3 10 grams or more, less than 200
4 grams.
5 896.101(5)(a) 3rd Money laundering, financial
6 transactions exceeding $300 but
7 less than $20,000.
8 896.104(4)(a)1. 3rd Structuring transactions to evade
9 reporting or registration
10 requirements, financial
11 transactions exceeding $300 but
12 less than $20,000.
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15 ================ T I T L E A M E N D M E N T ===============
16 And the title is amended as follows:
17 On page 1, line 2,
18 remove from the title of the bill: the entire title
19
20 and insert in lieu thereof:
21 An act relating to security of medical facilities and
22 supplies; amending s. 784.07, F.S.; redefining the term
23 "emergency medical care provider" for purposes of enhanced
24 penalties for assaults on such persons; amending s. 812.014,
25 F.S.; providing second-degree felony penalties for theft of
26 certain emergency medical equipment; amending s. 921.0022,
27 F.S., relating to the Criminal Punishment Code; including the
28 offense of theft of emergency medical equipment on the offense
29 severity ranking chart; providing an effective date.
30
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