CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
CHAMBER ACTION
Senate House
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4 ______________________________________________________________
5 ORIGINAL STAMP BELOW
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10 ______________________________________________________________
11 The Committee on Crime Prevention, Corrections & Safety
12 offered the following:
13
14 Amendment (with title amendment)
15 On page 2, line 11,
16 remove: said line
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18 and insert: Section 2. Paragraphs (c), (e) and (g) of
19 subsection (3) of section 921.0022, Florida Statutes are
20 amended to read:
21 921.0022 Criminal Punishment Code; offense severity
22 ranking chart.--
23 (3) OFFENSE SEVERITY RANKING CHART
24
25 Florida Felony
26 Statute Degree Description
27
28 (c) LEVEL 3
29 316.1935(2) 3rd Fleeing or attempting to elude
30 law enforcement officer in marked
31 patrol vehicle with siren and
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HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
1 lights activated.
2 319.30(4) 3rd Possession by junkyard of motor
3 vehicle with identification
4 number plate removed.
5 319.33(1)(a) 3rd Alter or forge any certificate of
6 title to a motor vehicle or
7 mobile home.
8 319.33(1)(c) 3rd Procure or pass title on stolen
9 vehicle.
10 319.33(4) 3rd With intent to defraud, possess,
11 sell, etc., a blank, forged, or
12 unlawfully obtained title or
13 registration.
14 328.05(2) 3rd Possess, sell, or counterfeit
15 fictitious, stolen, or fraudulent
16 titles or bills of sale of
17 vessels.
18 328.07(4) 3rd Manufacture, exchange, or possess
19 vessel with counterfeit or wrong
20 ID number.
21 376.302(5) 3rd Fraud related to reimbursement
22 for cleanup expenses under the
23 Inland Protection Trust Fund.
24 501.001(2)(b) 2nd Tampers with a consumer product
25 or the container using materially
26 false/misleading information.
27 697.08 3rd Equity skimming.
28 790.15(3) 3rd Person directs another to
29 discharge firearm from a vehicle.
30 796.05(1) 3rd Live on earnings of a prostitute.
31
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HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
1 806.10(1) 3rd Maliciously injure, destroy, or
2 interfere with vehicles or
3 equipment used in firefighting.
4 806.10(2) 3rd Interferes with or assaults
5 firefighter in performance of
6 duty.
7 810.09(2)(c) 3rd Trespass on property other than
8 structure or conveyance armed
9 with firearm or dangerous weapon.
10 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
11 less than $10,000.
12 812.0145(2)(c) 3rd Theft from person 65 years of age
13 or older; $300 or more but less
14 than $10,000.
15 815.04(4)(b) 2nd Computer offense devised to
16 defraud or obtain property.
17 817.034(4)(a)3. 3rd Engages in scheme to defraud
18 (Florida Communications Fraud
19 Act), property valued at less
20 than $20,000.
21 817.233 3rd Burning to defraud insurer.
22 817.234(8)&(9) 3rd Unlawful solicitation of persons
23 involved in motor vehicle
24 accidents.
25 817.234(11)(a) 3rd Insurance fraud; property value
26 less than $20,000.
27 817.505(4) 3rd Patient brokering.
28 828.12(2) 3rd Tortures any animal with intent
29 to inflict intense pain, serious
30 physical injury, or death.
31
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HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
1 831.28(2)(a) 3rd Counterfeiting a payment
2 instrument with intent to defraud
3 or possessing a counterfeit
4 payment instrument.
5 831.29 2nd Possession of instruments for
6 counterfeiting drivers' licenses
7 or identification cards.
8 838.021(3)(b) 3rd Threatens unlawful harm to public
9 servant.
10 843.19 3rd Injure, disable, or kill police
11 dog or horse.
12 870.01(2) 3rd Riot; inciting or encouraging.
13 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
14 cannabis (or other s.
15 893.03(1)(c), (2)(c)1., (2)(c)2.,
16 (2)(c)3., (2)(c)5., (2)(c)6.,
17 (2)(c)7., (2)(c)8., (2)(c)9.,
18 (3), or (4) drugs).
19 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
20 893.03(1)(c), (2)(c)1., (2)(c)2.,
21 (2)(c)3., (2)(c)5., (2)(c)6.,
22 (2)(c)7., (2)(c)8., (2)(c)9.,
23 (3), or (4) drugs within 200 feet
24 of university or public park.
25 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
26 893.03(1)(c), (2)(c)1., (2)(c)2.,
27 (2)(c)3., (2)(c)5., (2)(c)6.,
28 (2)(c)7., (2)(c)8., (2)(c)9.,
29 (3), or (4) drugs within 200 feet
30 of public housing facility.
31
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HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
1 893.13(6)(a) 3rd Possession of any controlled
2 substance other than felony
3 possession of cannabis.
4 893.13(7)(a)9. 3rd Obtain or attempt to obtain
5 controlled substance by fraud,
6 forgery, misrepresentation, etc.
7 893.13(7)(a)11. 3rd Furnish false or fraudulent
8 material information on any
9 document or record required by
10 chapter 893.
11 918.13(1)(a) 3rd Alter, destroy, or conceal
12 investigation evidence.
13 944.47
14 (1)(a)1.-2. 3rd Introduce contraband to
15 correctional facility.
16 944.47(1)(c) 2nd Possess contraband while upon the
17 grounds of a correctional
18 institution.
19 985.3141 3rd Escapes from a juvenile facility
20 (secure detention or residential
21 commitment facility).
22 (e) LEVEL 5
23 316.027(1)(a) 3rd Accidents involving personal
24 injuries, failure to stop;
25 leaving scene.
26 316.1935(4) 2nd Aggravated fleeing or eluding.
27 322.34(6) 3rd Careless operation of motor
28 vehicle with suspended license,
29 resulting in death or serious
30 bodily injury.
31
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HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
1 327.30(5) 3rd Vessel accidents involving
2 personal injury; leaving scene.
3 381.0041(11)(b) 3rd Donate blood, plasma, or organs
4 knowing HIV positive.
5 790.01(2) 3rd Carrying a concealed firearm.
6 790.162 2nd Threat to throw or discharge
7 destructive device.
8 790.163 2nd False report of deadly explosive.
9 790.165(2) 3rd Manufacture, sell, possess, or
10 deliver hoax bomb.
11 790.221(1) 2nd Possession of short-barreled
12 shotgun or machine gun.
13 790.23 2nd Felons in possession of firearms
14 or electronic weapons or devices.
15 800.04(6)(c) 3rd Lewd or lascivious conduct;
16 offender less than 18 years.
17 800.04(7)(c) 2nd Lewd or lascivious exhibition;
18 offender 18 years or older.
19 806.111(1) 3rd Possess, manufacture, or dispense
20 fire bomb with intent to damage
21 any structure or property.
22 812.0145(2)(b) 2nd Theft from person 65 year of age
23 or older; $10,000 or more but
24 less than $50,000.
25 812.015(8) 3rd Retail theft; property stolen is
26 valued at $300 or more and one or
27 more specified acts.
28 812.019(1) 2nd Stolen property; dealing in or
29 trafficking in.
30 812.131(2)(b) 3rd Robbery by sudden snatching.
31
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HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
1 812.16(2) 3rd Owning, operating, or conducting
2 a chop shop.
3 817.034(4)(a)2. 2nd Communications fraud, value
4 $20,000 to $50,000.
5 817.234(11)(b) 2nd Insurance fraud; property value
6 $20,000 or more but less than
7 $100,000.
8 817.568(2)(b) 2nd Fraudulent use of personal
9 identification information; value
10 of benefit, services received,
11 payment avoided, or amount of
12 injury or fraud, $75,000 or more.
13 817.625(2)(b) 2nd Second or subsequent fraudulent
14 use of scanning device or
15 reencoder.
16 825.1025(4) 3rd Lewd or lascivious exhibition in
17 the presence of an elderly person
18 or disabled adult.
19 827.071(4) 2nd Possess with intent to promote
20 any photographic material, motion
21 picture, etc., which includes
22 sexual conduct by a child.
23 843.01 3rd Resist officer with violence to
24 person; resist arrest with
25 violence.
26 874.05(2) 2nd Encouraging or recruiting another
27 to join a criminal street gang;
28 second or subsequent offense.
29 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
30 cocaine (or other s.
31 893.03(1)(a), (1)(b), (1)(d),
7
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HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
1 (2)(a), (2)(b), or (2)(c)4.
2 drugs).
3 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
4 cannabis (or other s.
5 893.03(1)(c), (2)(c)1., (2)(c)2.,
6 (2)(c)3., (2)(c)5., (2)(c)6.,
7 (2)(c)7., (2)(c)8., (2)(c)9.,
8 (3), or (4) drugs) within 1,000
9 feet of a child care facility or
10 school.
11 893.13(1)(d)1. 1st Sell, manufacture, or deliver
12 cocaine (or other s.
13 893.03(1)(a), (1)(b), (1)(d),
14 (2)(a), (2)(b), or (2)(c)4.
15 drugs) within 200 feet of
16 university or public park.
17 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
18 cannabis or other drug prohibited
19 under s. 893.03(1)(c), (2)(c)1.,
20 (2)(c)2., (2)(c)3., (2)(c)5.,
21 (2)(c)6., (2)(c)7., (2)(c)8.,
22 (2)(c)9., (3), or (4) within
23 1,000 feet of property used for
24 religious services or a specified
25 business site.
26 893.13(1)(f)1. 1st Sell, manufacture, or deliver
27 cocaine (or other s.
28 893.03(1)(a), (1)(b), (1)(d), or
29 (2)(a), (2)(b), or (2)(c)4.
30 drugs) within 200 feet of public
31 housing facility.
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HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
1 893.13(4)(b) 2nd Deliver to minor cannabis (or
2 other s. 893.03(1)(c), (2)(c)1.,
3 (2)(c)2., (2)(c)3., (2)(c)5.,
4 (2)(c)6., (2)(c)7., (2)(c)8.,
5 (2)(c)9., (3), or (4) drugs).
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.
31
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HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
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.
19 484.013(1)(c) 3rd Preparing or dispensing optical
20 devices without a prescription.
21 484.053 3rd Dispensing hearing aids without a
22 license.
23 494.0018(2) 1st Conviction of any violation of
24 ss. 494.001-494.0077 in which the
25 total money and property
26 unlawfully obtained exceeded
27 $50,000 and there were five or
28 more victims.
29 560.123(8)(b)1. 3rd Failure to report currency or
30 payment instruments exceeding
31 $300 but less than $20,000 by
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HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
1 money transmitter.
2 560.125(5)(a) 3rd Money transmitter business by
3 unauthorized person, currency or
4 payment instruments exceeding
5 $300 but less than $20,000.
6 655.50(10)(b)1. 3rd Failure to report financial
7 transactions exceeding $300 but
8 less than $20,000 by financial
9 institution.
10 782.051(3) 2nd Attempted felony murder of a
11 person by a person other than the
12 perpetrator or the perpetrator of
13 an attempted felony.
14 782.07(1) 2nd Killing of a human being by the
15 act, procurement, or culpable
16 negligence of another
17 (manslaughter).
18 782.071 2nd Killing of human being or viable
19 fetus by the operation of a motor
20 vehicle in a reckless manner
21 (vehicular homicide).
22 782.072 2nd Killing of a human being by the
23 operation of a vessel in a
24 reckless manner (vessel
25 homicide).
26 784.045(1)(a)1. 2nd Aggravated battery; intentionally
27 causing great bodily harm or
28 disfigurement.
29 784.045(1)(a)2. 2nd Aggravated battery; using deadly
30 weapon.
31
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HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
1 784.045(1)(b) 2nd Aggravated battery; perpetrator
2 aware victim pregnant.
3 784.048(4) 3rd Aggravated stalking; violation of
4 injunction or court order.
5 784.07(2)(d) 1st Aggravated battery on law
6 enforcement officer.
7 784.074(1)(a) 1st Aggravated battery on sexually
8 violent predators facility staff.
9 784.08(2)(a) 1st Aggravated battery on a person 65
10 years of age or older.
11 784.081(1) 1st Aggravated battery on specified
12 official or employee.
13 784.082(1) 1st Aggravated battery by detained
14 person on visitor or other
15 detainee.
16 784.083(1) 1st Aggravated battery on code
17 inspector.
18 790.07(4) 1st Specified weapons violation
19 subsequent to previous conviction
20 of s. 790.07(1) or (2).
21 790.16(1) 1st Discharge of a machine gun under
22 specified circumstances.
23 790.166(3) 2nd Possessing, selling, using, or
24 attempting to use a hoax weapon
25 of mass destruction.
26 796.03 2nd Procuring any person under 16
27 years for prostitution.
28 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
29 victim less than 12 years of age;
30 offender less than 18 years.
31
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hcp0006 03:10 pm 00835-cpcs-702623
HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
1 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
2 victim 12 years of age or older
3 but less than 16 years; offender
4 18 years or older.
5 806.01(2) 2nd Maliciously damage structure by
6 fire or explosive.
7 810.02(3)(a) 2nd Burglary of occupied dwelling;
8 unarmed; no assault or battery.
9 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
10 unarmed; no assault or battery.
11 810.02(3)(d) 2nd Burglary of occupied conveyance;
12 unarmed; no assault or battery.
13 812.014(2)(a) 1st Property stolen, valued at
14 $100,000 or more; cargo stolen
15 valued at $50,000, or more;
16 property stolen while causing
17 other property damage; 1st degree
18 grand theft.
19 812.014(2)(b)2. 2nd Property stolen, emergency
20 medical equipment; 2nd degree
21 grand theft.
22 812.0145(2)(a) 1st Theft from person 65 years of age
23 or older; $50,000 or more.
24 812.019(2) 1st Stolen property; initiates,
25 organizes, plans, etc., the theft
26 of property and traffics in
27 stolen property.
28 812.131(2)(a) 2nd Robbery by sudden snatching.
29 812.133(2)(b) 1st Carjacking; no firearm, deadly
30 weapon, or other weapon.
31
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HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
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.
30 893.13(1)(e)1. 1st Sell, manufacture, or deliver
31 cocaine or other drug prohibited
14
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hcp0006 03:10 pm 00835-cpcs-702623
HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
1 under s. 893.03(1)(a), (1)(b),
2 (1)(d), (2)(a), (2)(b), or
3 (2)(c)4., within 1,000 feet of
4 property used for religious
5 services or a specified business
6 site.
7 893.13(4)(a) 1st Deliver to minor cocaine (or
8 other s. 893.03(1)(a), (1)(b),
9 (1)(d), (2)(a), (2)(b), or
10 (2)(c)4. drugs).
11 893.135(1)(a)1. 1st Trafficking in cannabis, more
12 than 25 lbs., less than 2,000
13 lbs.
14 893.135
15 (1)(b)1.a. 1st Trafficking in cocaine, more than
16 28 grams, less than 200 grams.
17 893.135
18 (1)(c)1.a. 1st Trafficking in illegal drugs,
19 more than 4 grams, less than 14
20 grams.
21 893.135
22 (1)(d)1. 1st Trafficking in phencyclidine,
23 more than 28 grams, less than 200
24 grams.
25 893.135(1)(e)1. 1st Trafficking in methaqualone, more
26 than 200 grams, less than 5
27 kilograms.
28 893.135(1)(f)1. 1st Trafficking in amphetamine, more
29 than 14 grams, less than 28
30 grams.
31
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HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
1 893.135
2 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
3 grams or more, less than 14
4 grams.
5 893.135
6 (1)(h)1.a. 1st Trafficking in
7 gamma-hydroxybutyric acid (GHB),
8 1 kilogram or more, less than 5
9 kilograms.
10 893.135
11 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
12 kilogram or more, less than 5
13 kilograms.
14 893.135
15 (1)(j)2.a. 1st Trafficking in Phenethylamines,
16 10 grams or more, less than 200
17 grams.
18 896.101(5)(a) 3rd Money laundering, financial
19 transactions exceeding $300 but
20 less than $20,000.
21 896.104(4)(a)1. 3rd Structuring transactions to evade
22 reporting or registration
23 requirements, financial
24 transactions exceeding $300 but
25 less than $20,000.
26 Section 3. This act shall take effect October 1, 2002.
27
28
29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 On page 1, line 6,
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HOUSE AMENDMENT
Bill No. HB 835
Amendment No. 2 (for drafter's use only)
1 remove: said line
2
3 and insert:
4 from said persons; amending s. 921.0022, F.S.;
5 adding specified felonies to the Criminal
6 Punishment Code offense severity ranking chart;
7 providing an effective date.
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