House Bill hb0163e1
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CS/HB 163, First Engrossed
1 A bill to be entitled
2 An act relating to sentencing for sexual
3 offenses; amending s. 794.011, providing for
4 use of expert witnesses; amending ss. 458.303,
5 459.002, and 490.014, F.S.; providing for use
6 of expert witnesses; amending s. 921.0022,
7 F.S., relating to the offense severity ranking
8 chart of the Criminal Punishment Code;
9 providing a change in ranking for a second
10 degree felony conviction for lewd or lascivious
11 battery upon an elderly person or disabled
12 adult; providing an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Subsection (11) is added to section
17 794.011, Florida Statutes, to read:
18 794.011 Sexual battery.--
19 (11) When mental defect or mental incapacity of the
20 victim is in issue, an expert witness who is licensed pursuant
21 to chapter 490, chapter 458, or chapter 459, may be utilized
22 to testify to such issue.
23 Section 2. Paragraph (b) of subsection (1) of section
24 458.303, Florida Statutes, is amended to read:
25 458.303 Provisions not applicable to other
26 practitioners; exceptions, etc.--
27 (1) The provisions of ss. 458.301, 458.303, 458.305,
28 458.307, 458.309, 458.311, 458.313, 458.315, 458.317, 458.319,
29 458.321, 458.327, 458.329, 458.331, 458.337, 458.339, 458.341,
30 458.343, 458.345, and 458.347 shall have no application to:
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CS/HB 163, First Engrossed
1 (b) Any physician lawfully licensed in another state
2 or territory or foreign country, when meeting duly licensed
3 physicians of this state in consultation or when testifying or
4 preparing to testify as a witness in any civil or criminal
5 case, provide that such physician may not perform any medical
6 procedure on or render treatment to the patient.
7 Section 3. Paragraph (b) of subsection (1) of section
8 459.002, Florida Statutes, is amended to read:
9 459.002 Chapter not applicable to practice of
10 medicine, surgery, chiropractic medicine, etc.--
11 (1) The provisions of this chapter shall have no
12 application to:
13 (b) Any physician lawfully licensed in another state
14 or territory or foreign country when meeting duly licensed
15 physicians of this state in consultation or when testifying or
16 preparing to testify as a witness in any civil or criminal
17 case, provide that such physician may not perform any medical
18 procedure on or render treatment to the patient.
19 Section 4. Paragraph (g) is added to subsection (2) of
20 section 490.014, Florida Statutes, to read:
21 490.014 Exemptions.--
22 (2) No person shall be required to be licensed or
23 provisionally licensed under this chapter who:
24 (g) Is lawfully licensed or certified by a state or
25 territory of the United States, or by a foreign country or
26 province and examines, evaluates, interviews, tests, or
27 diagnoses a person solely for the purpose of testifying or
28 preparing to testify as an expert witness in any civil or
29 criminal case.
30 Section 5. Paragraphs (g) and (h) of subsection (3) of
31 section 921.0022, Florida Statutes, are amended to read:
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CS/HB 163, First Engrossed
1 921.0022 Criminal Punishment Code; offense severity
2 ranking chart.--
3 (3) OFFENSE SEVERITY RANKING CHART
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5 Florida Felony
6 Statute Degree Description
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9 (g) LEVEL 7
10 316.193(3)(c)2. 3rd DUI resulting in serious bodily
11 injury.
12 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
13 bodily injury.
14 402.319(2) 2nd Misrepresentation and negligence
15 or intentional act resulting in
16 great bodily harm, permanent
17 disfiguration, permanent
18 disability, or death.
19 409.920(2) 3rd Medicaid provider fraud.
20 456.065(2) 3rd Practicing a health care
21 profession without a license.
22 456.065(2) 2nd Practicing a health care
23 profession without a license
24 which results in serious bodily
25 injury.
26 458.327(1) 3rd Practicing medicine without a
27 license.
28 459.013(1) 3rd Practicing osteopathic medicine
29 without a license.
30 460.411(1) 3rd Practicing chiropractic medicine
31 without a license.
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CS/HB 163, First Engrossed
1 461.012(1) 3rd Practicing podiatric medicine
2 without a license.
3 462.17 3rd Practicing naturopathy without a
4 license.
5 463.015(1) 3rd Practicing optometry without a
6 license.
7 464.016(1) 3rd Practicing nursing without a
8 license.
9 465.015(2) 3rd Practicing pharmacy without a
10 license.
11 466.026(1) 3rd Practicing dentistry or dental
12 hygiene without a license.
13 467.201 3rd Practicing midwifery without a
14 license.
15 468.366 3rd Delivering respiratory care
16 services without a license.
17 483.828(1) 3rd Practicing as clinical laboratory
18 personnel without a license.
19 483.901(9) 3rd Practicing medical physics
20 without a license.
21 484.013(1)(c) 3rd Preparing or dispensing optical
22 devices without a prescription.
23 484.053 3rd Dispensing hearing aids without a
24 license.
25 494.0018(2) 1st Conviction of any violation of
26 ss. 494.001-494.0077 in which the
27 total money and property
28 unlawfully obtained exceeded
29 $50,000 and there were five or
30 more victims.
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CS/HB 163, First Engrossed
1 560.123(8)(b)1. 3rd Failure to report currency or
2 payment instruments exceeding
3 $300 but less than $20,000 by
4 money transmitter.
5 560.125(5)(a) 3rd Money transmitter business by
6 unauthorized person, currency or
7 payment instruments exceeding
8 $300 but less than $20,000.
9 655.50(10)(b)1. 3rd Failure to report financial
10 transactions exceeding $300 but
11 less than $20,000 by financial
12 institution.
13 782.051(3) 2nd Attempted felony murder of a
14 person by a person other than the
15 perpetrator or the perpetrator of
16 an attempted felony.
17 782.07(1) 2nd Killing of a human being by the
18 act, procurement, or culpable
19 negligence of another
20 (manslaughter).
21 782.071 2nd Killing of human being or viable
22 fetus by the operation of a motor
23 vehicle in a reckless manner
24 (vehicular homicide).
25 782.072 2nd Killing of a human being by the
26 operation of a vessel in a
27 reckless manner (vessel
28 homicide).
29 784.045(1)(a)1. 2nd Aggravated battery; intentionally
30 causing great bodily harm or
31 disfigurement.
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CS/HB 163, First Engrossed
1 784.045(1)(a)2. 2nd Aggravated battery; using deadly
2 weapon.
3 784.045(1)(b) 2nd Aggravated battery; perpetrator
4 aware victim pregnant.
5 784.048(4) 3rd Aggravated stalking; violation of
6 injunction or court order.
7 784.07(2)(d) 1st Aggravated battery on law
8 enforcement officer.
9 784.074(1)(a) 1st Aggravated battery on sexually
10 violent predators facility staff.
11 784.08(2)(a) 1st Aggravated battery on a person 65
12 years of age or older.
13 784.081(1) 1st Aggravated battery on specified
14 official or employee.
15 784.082(1) 1st Aggravated battery by detained
16 person on visitor or other
17 detainee.
18 784.083(1) 1st Aggravated battery on code
19 inspector.
20 790.07(4) 1st Specified weapons violation
21 subsequent to previous conviction
22 of s. 790.07(1) or (2).
23 790.16(1) 1st Discharge of a machine gun under
24 specified circumstances.
25 790.166(3) 2nd Possessing, selling, using, or
26 attempting to use a hoax weapon
27 of mass destruction.
28 796.03 2nd Procuring any person under 16
29 years for prostitution.
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CS/HB 163, First Engrossed
1 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
2 victim less than 12 years of age;
3 offender less than 18 years.
4 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
5 victim 12 years of age or older
6 but less than 16 years; offender
7 18 years or older.
8 806.01(2) 2nd Maliciously damage structure by
9 fire or explosive.
10 810.02(3)(a) 2nd Burglary of occupied dwelling;
11 unarmed; no assault or battery.
12 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
13 unarmed; no assault or battery.
14 810.02(3)(d) 2nd Burglary of occupied conveyance;
15 unarmed; no assault or battery.
16 812.014(2)(a) 1st Property stolen, valued at
17 $100,000 or more; cargo stolen
18 valued at $50,000, or more;
19 property stolen while causing
20 other property damage; 1st degree
21 grand theft.
22 812.014(2)(b)2. 2nd Property stolen, emergency
23 medical equipment; 2nd degree
24 grand theft.
25 812.019(2) 1st Stolen property; initiates,
26 organizes, plans, etc., the theft
27 of property and traffics in
28 stolen property.
29 812.131(2)(a) 2nd Robbery by sudden snatching.
30 812.133(2)(b) 1st Carjacking; no firearm, deadly
31 weapon, or other weapon.
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CS/HB 163, First Engrossed
1 817.234(11)(c) 1st Insurance fraud; property value
2 $100,000 or more.
3 825.102(3)(b) 2nd Neglecting an elderly person or
4 disabled adult causing great
5 bodily harm, disability, or
6 disfigurement.
7 825.1025(2) 2nd Lewd or lascivious battery upon
8 an elderly person or disabled
9 adult.
10 825.103(2)(b) 2nd Exploiting an elderly person or
11 disabled adult and property is
12 valued at $20,000 or more, but
13 less than $100,000.
14 827.03(3)(b) 2nd Neglect of a child causing great
15 bodily harm, disability, or
16 disfigurement.
17 827.04(3) 3rd Impregnation of a child under 16
18 years of age by person 21 years
19 of age or older.
20 837.05(2) 3rd Giving false information about
21 alleged capital felony to a law
22 enforcement officer.
23 872.06 2nd Abuse of a dead human body.
24 893.13(1)(c)1. 1st Sell, manufacture, or deliver
25 cocaine (or other drug prohibited
26 under s. 893.03(1)(a), (1)(b),
27 (1)(d), (2)(a), (2)(b), or
28 (2)(c)4.) within 1,000 feet of a
29 child care facility or school.
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CS/HB 163, First Engrossed
1 893.13(1)(e)1. 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4., within 1,000 feet of
6 property used for religious
7 services or a specified business
8 site.
9 893.13(4)(a) 1st Deliver to minor cocaine (or
10 other s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4. drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 25 lbs., less than 2,000
15 lbs.
16 893.135
17 (1)(b)1.a. 1st Trafficking in cocaine, more than
18 28 grams, less than 200 grams.
19 893.135
20 (1)(c)1.a. 1st Trafficking in illegal drugs,
21 more than 4 grams, less than 14
22 grams.
23 893.135
24 (1)(d)1. 1st Trafficking in phencyclidine,
25 more than 28 grams, less than 200
26 grams.
27 893.135(1)(e)1. 1st Trafficking in methaqualone, more
28 than 200 grams, less than 5
29 kilograms.
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CS/HB 163, First Engrossed
1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 893.135
5 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
6 grams or more, less than 14
7 grams.
8 893.135
9 (1)(h)1.a. 1st Trafficking in
10 gamma-hydroxybutyric acid (GHB),
11 1 kilogram or more, less than 5
12 kilograms.
13 893.135
14 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
15 kilogram or more, less than 5
16 kilograms.
17 893.135
18 (1)(j)2.a. 1st Trafficking in Phenethylamines,
19 10 grams or more, less than 200
20 grams.
21 896.101(5)(a) 3rd Money laundering, financial
22 transactions exceeding $300 but
23 less than $20,000.
24 896.104(4)(a)1. 3rd Structuring transactions to evade
25 reporting or registration
26 requirements, financial
27 transactions exceeding $300 but
28 less than $20,000.
29 (h) LEVEL 8
30 316.193
31 (3)(c)3.a. 2nd DUI manslaughter.
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CS/HB 163, First Engrossed
1 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
2 560.123(8)(b)2. 2nd Failure to report currency or
3 payment instruments totaling or
4 exceeding $20,000, but less than
5 $100,000 by money transmitter.
6 560.125(5)(b) 2nd Money transmitter business by
7 unauthorized person, currency or
8 payment instruments totaling or
9 exceeding $20,000, but less than
10 $100,000.
11 655.50(10)(b)2. 2nd Failure to report financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000 by financial
15 institutions.
16 777.03(2)(a) 1st Accessory after the fact, capital
17 felony.
18 782.04(4) 2nd Killing of human without design
19 when engaged in act or attempt of
20 any felony other than arson,
21 sexual battery, robbery,
22 burglary, kidnapping, aircraft
23 piracy, or unlawfully discharging
24 bomb.
25 782.051(2) 1st Attempted felony murder while
26 perpetrating or attempting to
27 perpetrate a felony not
28 enumerated in s. 782.04(3).
29 782.071(1)(b) 1st Committing vehicular homicide and
30 failing to render aid or give
31 information.
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CS/HB 163, First Engrossed
1 782.072(2) 1st Committing vessel homicide and
2 failing to render aid or give
3 information.
4 790.161(3) 1st Discharging a destructive device
5 which results in bodily harm or
6 property damage.
7 794.011(5) 2nd Sexual battery, victim 12 years
8 or over, offender does not use
9 physical force likely to cause
10 serious injury.
11 800.04(4) 2nd Lewd or lascivious battery.
12 806.01(1) 1st Maliciously damage dwelling or
13 structure by fire or explosive,
14 believing person in structure.
15 810.02(2)(a) 1st,PBL Burglary with assault or battery.
16 810.02(2)(b) 1st,PBL Burglary; armed with explosives
17 or dangerous weapon.
18 810.02(2)(c) 1st Burglary of a dwelling or
19 structure causing structural
20 damage or $1,000 or more property
21 damage.
22 812.13(2)(b) 1st Robbery with a weapon.
23 812.135(2) 1st Home-invasion robbery.
24 825.102(2) 2nd Aggravated abuse of an elderly
25 person or disabled adult.
26 825.1025(2) 2nd Lewd or lascivious battery upon
27 an elderly person or disabled
28 adult.
29 825.103(2)(a) 1st Exploiting an elderly person or
30 disabled adult and property is
31 valued at $100,000 or more.
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CS/HB 163, First Engrossed
1 837.02(2) 2nd Perjury in official proceedings
2 relating to prosecution of a
3 capital felony.
4 837.021(2) 2nd Making contradictory statements
5 in official proceedings relating
6 to prosecution of a capital
7 felony.
8 860.121(2)(c) 1st Shooting at or throwing any
9 object in path of railroad
10 vehicle resulting in great bodily
11 harm.
12 860.16 1st Aircraft piracy.
13 893.13(1)(b) 1st Sell or deliver in excess of 10
14 grams of any substance specified
15 in s. 893.03(1)(a) or (b).
16 893.13(2)(b) 1st Purchase in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.13(6)(c) 1st Possess in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.135(1)(a)2. 1st Trafficking in cannabis, more
23 than 2,000 lbs., less than 10,000
24 lbs.
25 893.135
26 (1)(b)1.b. 1st Trafficking in cocaine, more than
27 200 grams, less than 400 grams.
28 893.135
29 (1)(c)1.b. 1st Trafficking in illegal drugs,
30 more than 14 grams, less than 28
31 grams.
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CS/HB 163, First Engrossed
1 893.135
2 (1)(d)1.b. 1st Trafficking in phencyclidine,
3 more than 200 grams, less than
4 400 grams.
5 893.135
6 (1)(e)1.b. 1st Trafficking in methaqualone, more
7 than 5 kilograms, less than 25
8 kilograms.
9 893.135
10 (1)(f)1.b. 1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 893.135
14 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
15 grams or more, less than 28
16 grams.
17 893.135
18 (1)(h)1.b. 1st Trafficking in
19 gamma-hydroxybutyric acid (GHB),
20 5 kilograms or more, less than 10
21 kilograms.
22 893.135
23 (1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5
24 kilograms or more, less than 10
25 kilograms.
26 893.135
27 (1)(j)2.b. 1st Trafficking in Phenethylamines,
28 200 grams or more, less than 400
29 grams.
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CS/HB 163, First Engrossed
1 895.03(1) 1st Use or invest proceeds derived
2 from pattern of racketeering
3 activity.
4 895.03(2) 1st Acquire or maintain through
5 racketeering activity any
6 interest in or control of any
7 enterprise or real property.
8 895.03(3) 1st Conduct or participate in any
9 enterprise through pattern of
10 racketeering activity.
11 896.101(5)(b) 2nd Money laundering, financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000.
15 896.104(4)(a)2. 2nd Structuring transactions to evade
16 reporting or registration
17 requirements, financial
18 transactions totaling or
19 exceeding $20,000 but less than
20 $100,000.
21 Section 6. This act shall take effect July 1, 2002.
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