Senate Bill sb0140
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Florida Senate - 2002 SB 140
By Senator Burt
16-42-02
1 A bill to be entitled
2 An act relating to public records; creating s.
3 817.569, F.S.; providing that it is a
4 misdemeanor of the first degree to use a public
5 record, or information obtained from a public
6 record, to facilitate the commission of a
7 misdemeanor of the first degree; providing that
8 it is a felony of the third degree to use a
9 public record, or information obtained from a
10 public record, to facilitate the commission of
11 a felony; amending s. 921.0022, F.S., relating
12 to the offense severity ranking chart of the
13 Criminal Punishment Code; conforming provisions
14 to the act; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Section 817.569, Florida Statutes, is
19 created to read:
20 817.569 Criminal use of a public record or public
21 records information; penalties.--A person who knowingly uses
22 any public record, as defined in s. 119.011, or who knowingly
23 uses information obtainable only through such public record,
24 to facilitate or further the commission of:
25 (1) A misdemeanor of the first degree, commits a
26 misdemeanor of the first degree, punishable as provided in s.
27 775.082 or s. 775.083.
28 (2) A felony, commits a felony of the third degree,
29 punishable as provided in s. 775.082, s. 775.083, or s.
30 775.084.
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Florida Senate - 2002 SB 140
16-42-02
1 Section 2. Paragraph (a) of subsection (3) of section
2 921.0022, Florida Statutes, is amended to read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
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7 Florida Felony
8 Statute Degree Description
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10 (a) LEVEL 1
11 24.118(3)(a) 3rd Counterfeit or altered state
12 lottery ticket.
13 212.054(2)(b) 3rd Discretionary sales surtax;
14 limitations, administration, and
15 collection.
16 212.15(2)(b) 3rd Failure to remit sales taxes,
17 amount greater than $300 but less
18 than $20,000.
19 319.30(5) 3rd Sell, exchange, give away
20 certificate of title or
21 identification number plate.
22 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
23 odometer.
24 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
25 registration license plates or
26 validation stickers.
27 322.212(1) 3rd Possession of forged, stolen,
28 counterfeit, or unlawfully issued
29 driver's license; possession of
30 simulated identification.
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Florida Senate - 2002 SB 140
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1 322.212(4) 3rd Supply or aid in supplying
2 unauthorized driver's license or
3 identification card.
4 322.212(5)(a) 3rd False application for driver's
5 license or identification card.
6 370.13(3)(a) 3rd Molest any stone crab trap, line,
7 or buoy which is property of
8 licenseholder.
9 370.135(1) 3rd Molest any blue crab trap, line,
10 or buoy which is property of
11 licenseholder.
12 372.663(1) 3rd Poach any alligator or
13 crocodilia.
14 414.39(2) 3rd Unauthorized use, possession,
15 forgery, or alteration of food
16 stamps, Medicaid ID, value
17 greater than $200.
18 414.39(3)(a) 3rd Fraudulent misappropriation of
19 public assistance funds by
20 employee/official, value more
21 than $200.
22 443.071(1) 3rd False statement or representation
23 to obtain or increase
24 unemployment compensation
25 benefits.
26 509.151(1) 3rd Defraud an innkeeper, food or
27 lodging value greater than $300.
28 517.302(1) 3rd Violation of the Florida
29 Securities and Investor
30 Protection Act.
31 562.27(1) 3rd Possess still or still apparatus.
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Florida Senate - 2002 SB 140
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1 713.69 3rd Tenant removes property upon
2 which lien has accrued, value
3 more than $50.
4 812.014(3)(c) 3rd Petit theft (3rd conviction);
5 theft of any property not
6 specified in subsection (2).
7 812.081(2) 3rd Unlawfully makes or causes to be
8 made a reproduction of a trade
9 secret.
10 815.04(4)(a) 3rd Offense against intellectual
11 property (i.e., computer
12 programs, data).
13 817.52(2) 3rd Hiring with intent to defraud,
14 motor vehicle services.
15 817.569(2) 3rd Use of public record or public
16 records information to facilitate
17 commission of a felony.
18 826.01 3rd Bigamy.
19 828.122(3) 3rd Fighting or baiting animals.
20 831.04(1) 3rd Any erasure, alteration, etc., of
21 any replacement deed, map, plat,
22 or other document listed in s.
23 92.28.
24 831.31(1)(a) 3rd Sell, deliver, or possess
25 counterfeit controlled
26 substances, all but s. 893.03(5)
27 drugs.
28 832.041(1) 3rd Stopping payment with intent to
29 defraud $150 or more.
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Florida Senate - 2002 SB 140
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1 832.05
2 (2)(b)&(4)(c) 3rd Knowing, making, issuing
3 worthless checks $150 or more or
4 obtaining property in return for
5 worthless check $150 or more.
6 838.015(3) 3rd Bribery.
7 838.016(1) 3rd Public servant receiving unlawful
8 compensation.
9 838.15(2) 3rd Commercial bribe receiving.
10 838.16 3rd Commercial bribery.
11 843.18 3rd Fleeing by boat to elude a law
12 enforcement officer.
13 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
14 lewd, etc., material (2nd
15 conviction).
16 849.01 3rd Keeping gambling house.
17 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
18 or assist therein, conduct or
19 advertise drawing for prizes, or
20 dispose of property or money by
21 means of lottery.
22 849.23 3rd Gambling-related machines;
23 "common offender" as to property
24 rights.
25 849.25(2) 3rd Engaging in bookmaking.
26 860.08 3rd Interfere with a railroad signal.
27 860.13(1)(a) 3rd Operate aircraft while under the
28 influence.
29 893.13(2)(a)2. 3rd Purchase of cannabis.
30 893.13(6)(a) 3rd Possession of cannabis (more than
31 20 grams).
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Florida Senate - 2002 SB 140
16-42-02
1 893.13(7)(a)10. 3rd Affix false or forged label to
2 package of controlled substance.
3 934.03(1)(a) 3rd Intercepts, or procures any other
4 person to intercept, any wire or
5 oral communication.
6 Section 3. This act shall take effect July 1, 2002.
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8 *****************************************
9 SENATE SUMMARY
10 Provides that it is a first-degree misdemeanor to use a
public record, or information obtained from a public
11 record, to facilitate the commission of a first-degree
misdemeanor. Provides that it is a third-degree felony to
12 use a public record, or information obtained from a
public record, to facilitate the commission of a felony.
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