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.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

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

  4

  5  Florida           Felony

  6  Statute           Degree             Description

  7

  8

  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.

30

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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.

30

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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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