House Bill hb0163c1
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Florida House of Representatives - 2002 CS/HB 163
By the Committee on Crime Prevention, Corrections & Safety
and Representatives Paul, Kravitz and Hogan
1 A bill to be entitled
2 An act relating to sentencing for sexual
3 offenses; amending s. 921.0022, F.S., relating
4 to the offense severity ranking chart of the
5 Criminal Punishment Code; providing a change in
6 ranking for a second degree felony conviction
7 for lewd or lascivious battery upon an elderly
8 person or disabled adult; providing an
9 effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Paragraphs (g) and (h) of subsection (3) of
14 section 921.0022, Florida Statutes, are amended to read:
15 921.0022 Criminal Punishment Code; offense severity
16 ranking chart.--
17 (3) OFFENSE SEVERITY RANKING CHART
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19 Florida Felony
20 Statute Degree Description
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23 (g) LEVEL 7
24 316.193(3)(c)2. 3rd DUI resulting in serious bodily
25 injury.
26 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
27 bodily injury.
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Florida House of Representatives - 2002 CS/HB 163
189-922-02
1 402.319(2) 2nd Misrepresentation and negligence
2 or intentional act resulting in
3 great bodily harm, permanent
4 disfiguration, permanent
5 disability, or death.
6 409.920(2) 3rd Medicaid provider fraud.
7 456.065(2) 3rd Practicing a health care
8 profession without a license.
9 456.065(2) 2nd Practicing a health care
10 profession without a license
11 which results in serious bodily
12 injury.
13 458.327(1) 3rd Practicing medicine without a
14 license.
15 459.013(1) 3rd Practicing osteopathic medicine
16 without a license.
17 460.411(1) 3rd Practicing chiropractic medicine
18 without a license.
19 461.012(1) 3rd Practicing podiatric medicine
20 without a license.
21 462.17 3rd Practicing naturopathy without a
22 license.
23 463.015(1) 3rd Practicing optometry without a
24 license.
25 464.016(1) 3rd Practicing nursing without a
26 license.
27 465.015(2) 3rd Practicing pharmacy without a
28 license.
29 466.026(1) 3rd Practicing dentistry or dental
30 hygiene without a license.
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Florida House of Representatives - 2002 CS/HB 163
189-922-02
1 467.201 3rd Practicing midwifery without a
2 license.
3 468.366 3rd Delivering respiratory care
4 services without a license.
5 483.828(1) 3rd Practicing as clinical laboratory
6 personnel without a license.
7 483.901(9) 3rd Practicing medical physics
8 without a license.
9 484.013(1)(c) 3rd Preparing or dispensing optical
10 devices without a prescription.
11 484.053 3rd Dispensing hearing aids without a
12 license.
13 494.0018(2) 1st Conviction of any violation of
14 ss. 494.001-494.0077 in which the
15 total money and property
16 unlawfully obtained exceeded
17 $50,000 and there were five or
18 more victims.
19 560.123(8)(b)1. 3rd Failure to report currency or
20 payment instruments exceeding
21 $300 but less than $20,000 by
22 money transmitter.
23 560.125(5)(a) 3rd Money transmitter business by
24 unauthorized person, currency or
25 payment instruments exceeding
26 $300 but less than $20,000.
27 655.50(10)(b)1. 3rd Failure to report financial
28 transactions exceeding $300 but
29 less than $20,000 by financial
30 institution.
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Florida House of Representatives - 2002 CS/HB 163
189-922-02
1 782.051(3) 2nd Attempted felony murder of a
2 person by a person other than the
3 perpetrator or the perpetrator of
4 an attempted felony.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071 2nd Killing of human being or viable
10 fetus by the operation of a motor
11 vehicle in a reckless manner
12 (vehicular homicide).
13 782.072 2nd Killing of a human being by the
14 operation of a vessel in a
15 reckless manner (vessel
16 homicide).
17 784.045(1)(a)1. 2nd Aggravated battery; intentionally
18 causing great bodily harm or
19 disfigurement.
20 784.045(1)(a)2. 2nd Aggravated battery; using deadly
21 weapon.
22 784.045(1)(b) 2nd Aggravated battery; perpetrator
23 aware victim pregnant.
24 784.048(4) 3rd Aggravated stalking; violation of
25 injunction or court order.
26 784.07(2)(d) 1st Aggravated battery on law
27 enforcement officer.
28 784.074(1)(a) 1st Aggravated battery on sexually
29 violent predators facility staff.
30 784.08(2)(a) 1st Aggravated battery on a person 65
31 years of age or older.
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Florida House of Representatives - 2002 CS/HB 163
189-922-02
1 784.081(1) 1st Aggravated battery on specified
2 official or employee.
3 784.082(1) 1st Aggravated battery by detained
4 person on visitor or other
5 detainee.
6 784.083(1) 1st Aggravated battery on code
7 inspector.
8 790.07(4) 1st Specified weapons violation
9 subsequent to previous conviction
10 of s. 790.07(1) or (2).
11 790.16(1) 1st Discharge of a machine gun under
12 specified circumstances.
13 790.166(3) 2nd Possessing, selling, using, or
14 attempting to use a hoax weapon
15 of mass destruction.
16 796.03 2nd Procuring any person under 16
17 years for prostitution.
18 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
19 victim less than 12 years of age;
20 offender less than 18 years.
21 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
22 victim 12 years of age or older
23 but less than 16 years; offender
24 18 years or older.
25 806.01(2) 2nd Maliciously damage structure by
26 fire or explosive.
27 810.02(3)(a) 2nd Burglary of occupied dwelling;
28 unarmed; no assault or battery.
29 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
30 unarmed; no assault or battery.
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Florida House of Representatives - 2002 CS/HB 163
189-922-02
1 810.02(3)(d) 2nd Burglary of occupied conveyance;
2 unarmed; no assault or battery.
3 812.014(2)(a) 1st Property stolen, valued at
4 $100,000 or more; cargo stolen
5 valued at $50,000, or more;
6 property stolen while causing
7 other property damage; 1st degree
8 grand theft.
9 812.014(2)(b)2. 2nd Property stolen, emergency
10 medical equipment; 2nd degree
11 grand theft.
12 812.019(2) 1st Stolen property; initiates,
13 organizes, plans, etc., the theft
14 of property and traffics in
15 stolen property.
16 812.131(2)(a) 2nd Robbery by sudden snatching.
17 812.133(2)(b) 1st Carjacking; no firearm, deadly
18 weapon, or other weapon.
19 817.234(11)(c) 1st Insurance fraud; property value
20 $100,000 or more.
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.
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Florida House of Representatives - 2002 CS/HB 163
189-922-02
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 25 lbs., less than 2,000
31 lbs.
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Florida House of Representatives - 2002 CS/HB 163
189-922-02
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 than 5
30 kilograms.
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Florida House of Representatives - 2002 CS/HB 163
189-922-02
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.
13 (h) LEVEL 8
14 316.193
15 (3)(c)3.a. 2nd DUI manslaughter.
16 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
17 560.123(8)(b)2. 2nd Failure to report currency or
18 payment instruments totaling or
19 exceeding $20,000, but less than
20 $100,000 by money transmitter.
21 560.125(5)(b) 2nd Money transmitter business by
22 unauthorized person, currency or
23 payment instruments totaling or
24 exceeding $20,000, but less than
25 $100,000.
26 655.50(10)(b)2. 2nd Failure to report financial
27 transactions totaling or
28 exceeding $20,000, but less than
29 $100,000 by financial
30 institutions.
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Florida House of Representatives - 2002 CS/HB 163
189-922-02
1 777.03(2)(a) 1st Accessory after the fact, capital
2 felony.
3 782.04(4) 2nd Killing of human without design
4 when engaged in act or attempt of
5 any felony other than arson,
6 sexual battery, robbery,
7 burglary, kidnapping, aircraft
8 piracy, or unlawfully discharging
9 bomb.
10 782.051(2) 1st Attempted felony murder while
11 perpetrating or attempting to
12 perpetrate a felony not
13 enumerated in s. 782.04(3).
14 782.071(1)(b) 1st Committing vehicular homicide and
15 failing to render aid or give
16 information.
17 782.072(2) 1st Committing vessel homicide and
18 failing to render aid or give
19 information.
20 790.161(3) 1st Discharging a destructive device
21 which results in bodily harm or
22 property damage.
23 794.011(5) 2nd Sexual battery, victim 12 years
24 or over, offender does not use
25 physical force likely to cause
26 serious injury.
27 800.04(4) 2nd Lewd or lascivious battery.
28 806.01(1) 1st Maliciously damage dwelling or
29 structure by fire or explosive,
30 believing person in structure.
31 810.02(2)(a) 1st,PBL Burglary with assault or battery.
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Florida House of Representatives - 2002 CS/HB 163
189-922-02
1 810.02(2)(b) 1st,PBL Burglary; armed with explosives
2 or dangerous weapon.
3 810.02(2)(c) 1st Burglary of a dwelling or
4 structure causing structural
5 damage or $1,000 or more property
6 damage.
7 812.13(2)(b) 1st Robbery with a weapon.
8 812.135(2) 1st Home-invasion robbery.
9 825.102(2) 2nd Aggravated abuse of an elderly
10 person or disabled adult.
11 825.1025(2) 2nd Lewd or lascivious battery upon
12 an elderly person or disabled
13 adult.
14 825.103(2)(a) 1st Exploiting an elderly person or
15 disabled adult and property is
16 valued at $100,000 or more.
17 837.02(2) 2nd Perjury in official proceedings
18 relating to prosecution of a
19 capital felony.
20 837.021(2) 2nd Making contradictory statements
21 in official proceedings relating
22 to prosecution of a capital
23 felony.
24 860.121(2)(c) 1st Shooting at or throwing any
25 object in path of railroad
26 vehicle resulting in great bodily
27 harm.
28 860.16 1st Aircraft piracy.
29 893.13(1)(b) 1st Sell or deliver in excess of 10
30 grams of any substance specified
31 in s. 893.03(1)(a) or (b).
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Florida House of Representatives - 2002 CS/HB 163
189-922-02
1 893.13(2)(b) 1st Purchase in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.13(6)(c) 1st Possess in excess of 10 grams of
5 any substance specified in s.
6 893.03(1)(a) or (b).
7 893.135(1)(a)2. 1st Trafficking in cannabis, more
8 than 2,000 lbs., less than 10,000
9 lbs.
10 893.135
11 (1)(b)1.b. 1st Trafficking in cocaine, more than
12 200 grams, less than 400 grams.
13 893.135
14 (1)(c)1.b. 1st Trafficking in illegal drugs,
15 more than 14 grams, less than 28
16 grams.
17 893.135
18 (1)(d)1.b. 1st Trafficking in phencyclidine,
19 more than 200 grams, less than
20 400 grams.
21 893.135
22 (1)(e)1.b. 1st Trafficking in methaqualone, more
23 than 5 kilograms, less than 25
24 kilograms.
25 893.135
26 (1)(f)1.b. 1st Trafficking in amphetamine, more
27 than 28 grams, less than 200
28 grams.
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Florida House of Representatives - 2002 CS/HB 163
189-922-02
1 893.135
2 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
3 grams or more, less than 28
4 grams.
5 893.135
6 (1)(h)1.b. 1st Trafficking in
7 gamma-hydroxybutyric acid (GHB),
8 5 kilograms or more, less than 10
9 kilograms.
10 893.135
11 (1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5
12 kilograms or more, less than 10
13 kilograms.
14 893.135
15 (1)(j)2.b. 1st Trafficking in Phenethylamines,
16 200 grams or more, less than 400
17 grams.
18 895.03(1) 1st Use or invest proceeds derived
19 from pattern of racketeering
20 activity.
21 895.03(2) 1st Acquire or maintain through
22 racketeering activity any
23 interest in or control of any
24 enterprise or real property.
25 895.03(3) 1st Conduct or participate in any
26 enterprise through pattern of
27 racketeering activity.
28 896.101(5)(b) 2nd Money laundering, financial
29 transactions totaling or
30 exceeding $20,000, but less than
31 $100,000.
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Florida House of Representatives - 2002 CS/HB 163
189-922-02
1 896.104(4)(a)2. 2nd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions totaling or
5 exceeding $20,000 but less than
6 $100,000.
7 Section 2. This act shall take effect July 1, 2002.
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