House Bill hb0737
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Florida House of Representatives - 2001 HB 737
By Representatives Lerner, Heyman, Green and Detert
1 A bill to be entitled
2 An act relating to security of medical
3 facilities and supplies; amending s. 784.07,
4 F.S.; redefining the term "emergency medical
5 care provider" for purposes of enhanced
6 penalties for assaults on such persons;
7 amending s. 812.014, F.S.; providing
8 first-degree felony penalties for theft of
9 certain medical equipment; amending s.
10 921.0022, F.S., relating to the Criminal
11 Punishment Code; including the offense of theft
12 of medical equipment on the offense severity
13 ranking chart; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraph (c) of subsection (1) of section
18 784.07, Florida Statutes, is amended to read:
19 784.07 Assault or battery of law enforcement officers,
20 firefighters, emergency medical care providers, public transit
21 employees or agents, or other specified officers;
22 reclassification of offenses; minimum sentences.--
23 (1) As used in this section, the term:
24 (c) "Emergency medical care provider" means an
25 ambulance driver, emergency medical technician, paramedic,
26 registered nurse, physician as defined in s. 401.23, medical
27 director as defined in s. 401.23, or any person authorized by
28 an emergency medical service licensed under chapter 401 who is
29 engaged in the performance of his or her duties. The term
30 "emergency medical care provider" also includes physicians,
31 employees, agents, or volunteers of hospitals as defined in
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Florida House of Representatives - 2001 HB 737
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1 chapter 395, who are employed, under contract, or otherwise
2 authorized by a hospital to perform duties directly associated
3 with the care and treatment of patients rendered by the
4 hospital's emergency department or who provide the security
5 for hospitals thereof.
6 Section 2. Paragraph (a) of subsection (2) of section
7 812.014, Florida Statutes, is amended to read:
8 812.014 Theft.--
9 (2)(a)1. If the property stolen is valued at $100,000
10 or more; or
11 2. If the property stolen is medical equipment that is
12 taken from a facility licensed under chapter 395 or from an
13 aircraft or vehicle permitted under chapter 401 and that is
14 valued at $300 or more; or
15 3.2. If the offender commits any grand theft and:
16 a. In the course of committing the offense the
17 offender uses a motor vehicle as an instrumentality, other
18 than merely as a getaway vehicle, to assist in committing the
19 offense and thereby damages the real property of another; or
20 b. In the course of committing the offense the
21 offender causes damage to the real or personal property of
22 another in excess of $1,000,
23
24 the offender commits grand theft in the first degree,
25 punishable as a felony of the first degree, as provided in s.
26 775.082, s. 775.083, or s. 775.084.
27 Section 3. Paragraph (g) of subsection (3) of section
28 921.0022, Florida Statutes, is amended to read:
29 921.0022 Criminal Punishment Code; offense severity
30 ranking chart.--
31 (3) OFFENSE SEVERITY RANKING CHART
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Florida House of Representatives - 2001 HB 737
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1
2 Florida Felony
3 Statute Degree Description
4
5
6 (g) LEVEL 7
7 316.193(3)(c)2. 3rd DUI resulting in serious bodily
8 injury.
9 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
10 bodily injury.
11 402.319(2) 2nd Misrepresentation and negligence
12 or intentional act resulting in
13 great bodily harm, permanent
14 disfiguration, permanent
15 disability, or death.
16 409.920(2) 3rd Medicaid provider fraud.
17 456.065(2) 3rd Practicing a health care
18 profession without a license.
19 456.065(2) 2nd Practicing a health care
20 profession without a license
21 which results in serious bodily
22 injury.
23 458.327(1) 3rd Practicing medicine without a
24 license.
25 459.013(1) 3rd Practicing osteopathic medicine
26 without a license.
27 460.411(1) 3rd Practicing chiropractic medicine
28 without a license.
29 461.012(1) 3rd Practicing podiatric medicine
30 without a license.
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Florida House of Representatives - 2001 HB 737
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1 462.17 3rd Practicing naturopathy without a
2 license.
3 463.015(1) 3rd Practicing optometry without a
4 license.
5 464.016(1) 3rd Practicing nursing without a
6 license.
7 465.015(2) 3rd Practicing pharmacy without a
8 license.
9 466.026(1) 3rd Practicing dentistry or dental
10 hygiene without a license.
11 467.201 3rd Practicing midwifery without a
12 license.
13 468.366 3rd Delivering respiratory care
14 services without a license.
15 483.828(1) 3rd Practicing as clinical laboratory
16 personnel without a license.
17 483.901(9) 3rd Practicing medical physics
18 without a license.
19 484.053 3rd Dispensing hearing aids without a
20 license.
21 494.0018(2) 1st Conviction of any violation of
22 ss. 494.001-494.0077 in which the
23 total money and property
24 unlawfully obtained exceeded
25 $50,000 and there were five or
26 more victims.
27 560.123(8)(b)1. 3rd Failure to report currency or
28 payment instruments exceeding
29 $300 but less than $20,000 by
30 money transmitter.
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1 560.125(5)(a) 3rd Money transmitter business by
2 unauthorized person, currency or
3 payment instruments exceeding
4 $300 but less than $20,000.
5 655.50(10)(b)1. 3rd Failure to report financial
6 transactions exceeding $300 but
7 less than $20,000 by financial
8 institution.
9 782.051(3) 2nd Attempted felony murder of a
10 person by a person other than the
11 perpetrator or the perpetrator of
12 an attempted felony.
13 782.07(1) 2nd Killing of a human being by the
14 act, procurement, or culpable
15 negligence of another
16 (manslaughter).
17 782.071 2nd Killing of human being or viable
18 fetus by the operation of a motor
19 vehicle in a reckless manner
20 (vehicular homicide).
21 782.072 2nd Killing of a human being by the
22 operation of a vessel in a
23 reckless manner (vessel
24 homicide).
25 784.045(1)(a)1. 2nd Aggravated battery; intentionally
26 causing great bodily harm or
27 disfigurement.
28 784.045(1)(a)2. 2nd Aggravated battery; using deadly
29 weapon.
30 784.045(1)(b) 2nd Aggravated battery; perpetrator
31 aware victim pregnant.
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1 784.048(4) 3rd Aggravated stalking; violation of
2 injunction or court order.
3 784.07(2)(d) 1st Aggravated battery on law
4 enforcement officer.
5 784.08(2)(a) 1st Aggravated battery on a person 65
6 years of age or older.
7 784.081(1) 1st Aggravated battery on specified
8 official or employee.
9 784.082(1) 1st Aggravated battery by detained
10 person on visitor or other
11 detainee.
12 784.083(1) 1st Aggravated battery on code
13 inspector.
14 790.07(4) 1st Specified weapons violation
15 subsequent to previous conviction
16 of s. 790.07(1) or (2).
17 790.16(1) 1st Discharge of a machine gun under
18 specified circumstances.
19 790.166(3) 2nd Possessing, selling, using, or
20 attempting to use a hoax weapon
21 of mass destruction.
22 796.03 2nd Procuring any person under 16
23 years for prostitution.
24 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
25 victim less than 12 years of age;
26 offender less than 18 years.
27 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
28 victim 12 years of age or older
29 but less than 16 years; offender
30 18 years or older.
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1 806.01(2) 2nd Maliciously damage structure by
2 fire or explosive.
3 810.02(3)(a) 2nd Burglary of occupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
6 unarmed; no assault or battery.
7 810.02(3)(d) 2nd Burglary of occupied conveyance;
8 unarmed; no assault or battery.
9 812.014(2)(a) 1st Property stolen, valued at
10 $100,000 or more; property
11 stolen, medical equipment;
12 property stolen while causing
13 other property damage; 1st degree
14 grand theft.
15 812.019(2) 1st Stolen property; initiates,
16 organizes, plans, etc., the theft
17 of property and traffics in
18 stolen property.
19 812.131(2)(a) 2nd Robbery by sudden snatching.
20 812.133(2)(b) 1st Carjacking; no firearm, deadly
21 weapon, or other weapon.
22 825.102(3)(b) 2nd Neglecting an elderly person or
23 disabled adult causing great
24 bodily harm, disability, or
25 disfigurement.
26 825.1025(2) 2nd Lewd or lascivious battery upon
27 an elderly person or disabled
28 adult.
29
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Florida House of Representatives - 2001 HB 737
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1 825.103(2)(b) 2nd Exploiting an elderly person or
2 disabled adult and property is
3 valued at $20,000 or more, but
4 less than $100,000.
5 827.03(3)(b) 2nd Neglect of a child causing great
6 bodily harm, disability, or
7 disfigurement.
8 827.04(3) 3rd Impregnation of a child under 16
9 years of age by person 21 years
10 of age or older.
11 837.05(2) 3rd Giving false information about
12 alleged capital felony to a law
13 enforcement officer.
14 872.06 2nd Abuse of a dead human body.
15 893.13(1)(c)1. 1st Sell, manufacture, or deliver
16 cocaine (or other drug prohibited
17 under s. 893.03(1)(a), (1)(b),
18 (1)(d), (2)(a), (2)(b), or
19 (2)(c)4.) within 1,000 feet of a
20 child care facility or school.
21 893.13(1)(e)1. 1st Sell, manufacture, or deliver
22 cocaine or other drug prohibited
23 under s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4., within 1,000 feet of
26 property used for religious
27 services or a specified business
28 site.
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1 893.13(4)(a) 1st Deliver to minor cocaine (or
2 other s. 893.03(1)(a), (1)(b),
3 (1)(d), (2)(a), (2)(b), or
4 (2)(c)4. drugs).
5 893.135(1)(a)1. 1st Trafficking in cannabis, more
6 than 50 lbs., less than 2,000
7 lbs.
8 893.135
9 (1)(b)1.a. 1st Trafficking in cocaine, more than
10 28 grams, less than 200 grams.
11 893.135
12 (1)(c)1.a. 1st Trafficking in illegal drugs,
13 more than 4 grams, less than 14
14 grams.
15 893.135
16 (1)(d)1. 1st Trafficking in phencyclidine,
17 more than 28 grams, less than 200
18 grams.
19 893.135(1)(e)1. 1st Trafficking in methaqualone, more
20 than 200 grams, less than 5
21 kilograms.
22 893.135(1)(f)1. 1st Trafficking in amphetamine, more
23 than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
27 grams or more, less than 14
28 grams.
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1 893.135
2 (1)(h)1.a. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 1 kilogram or more, less than 5
5 kilograms.
6 893.135
7 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
8 kilogram or more, less then 5
9 kilograms.
10 893.135
11 (1)(j)2.a. 1st Trafficking in Phenethylamines,
12 10 grams or more, less than 200
13 grams.
14 896.101(5)(a) 3rd Money laundering, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 896.104(4)(a)1. 3rd Structuring transactions to evade
18 reporting or registration
19 requirements, financial
20 transactions exceeding $300 but
21 less than $20,000.
22 Section 4. This act shall take effect October 1, 2001.
23
24 *****************************************
25 SENATE SUMMARY
26 Redefines the term "emergency medical care provider," for
purposes of the statute providing enhanced penalties for
27 assaults on such persons, to include hospital personnel
providing care and treatment outside the hospital's
28 emergency department and security personnel for
hospitals, hospital personnel, and hospital patients.
29 Provides that the theft of medical equipment valued at
$300 or more from a hospital ambulance, emergency medical
30 services vehicle, or air ambulance is a first-degree
felony.
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