SENATE AMENDMENT
Bill No. HB 71-E, 1st Eng.
Amendment No. ___ Barcode 540056
CHAMBER ACTION
Senate House
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11 Senator Villalobos moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 839.13, Florida Statutes, is
18 amended to read:
19 839.13 Falsifying records.--
20 (1) Except as provided in subsection (2), if any
21 judge, justice, mayor, alderman, clerk, sheriff, coroner, or
22 other public officer, or employee or agent of or contractor
23 with a public agency, or any person whatsoever, shall steal,
24 embezzle, alter, corruptly withdraw, falsify or avoid any
25 record, process, charter, gift, grant, conveyance, or
26 contract, or any paper filed in any judicial proceeding in any
27 court of this state, or shall knowingly and willfully take
28 off, discharge or conceal any issue, forfeited recognizance,
29 or other forfeiture, or other paper above mentioned, or shall
30 forge, deface, or falsify any document or instrument recorded,
31 or filed in any court, or any registry, acknowledgment, or
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SENATE AMENDMENT
Bill No. HB 71-E, 1st Eng.
Amendment No. ___ Barcode 540056
1 certificate, or shall fraudulently alter, deface, or falsify
2 any minutes, documents, books, or any proceedings whatever of
3 or belonging to any public office within this state; or if any
4 person shall cause or procure any of the offenses aforesaid to
5 be committed, or be in anywise concerned therein, the person
6 so offending shall be guilty of a misdemeanor of the first
7 degree, punishable as provided in s. 775.082 or s. 775.083.
8 (2)(a) Any person who knowingly falsifies, alters,
9 destroys, defaces, overwrites, removes, or discards an
10 official record relating to an individual in the care and
11 custody of a state agency, which act has the potential to
12 detrimentally affect the health, safety, or welfare of that
13 individual, commits a felony of the third degree, punishable
14 as provided in s. 775.082, s. 775.083, or s. 775.084. For the
15 purposes of this paragraph, the term "care and custody"
16 includes, but is not limited to, a child abuse protective
17 investigation, protective supervision, foster care and related
18 services, or a protective investigation or protective
19 supervision of a vulnerable adult, as defined in chapter 39,
20 chapter 409, or chapter 415.
21 (b) Any person who commits a violation of paragraph
22 (a) which contributes to great bodily harm to or the death of
23 an individual in the care and custody of a state agency
24 commits a felony of the second degree, punishable as provided
25 in s. 775.082, s. 775.083, or s. 775.084. For the purposes of
26 this paragraph, the term "care and custody" includes, but is
27 not limited to, a child abuse protective investigation,
28 protective supervision, foster care and related services, or a
29 protective investigation or protective supervision of a
30 vulnerable adult, as defined in chapter 39, chapter 409, or
31 chapter 415.
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SENATE AMENDMENT
Bill No. HB 71-E, 1st Eng.
Amendment No. ___ Barcode 540056
1 (c) Any person who knowingly falsifies, alters,
2 destroys, defaces, overwrites, removes, or discards records of
3 the Department of Children and Family Services or its contract
4 provider with the intent to conceal a fact material to a child
5 abuse protective investigation, protective supervision, foster
6 care and related services, or a protective investigation or
7 protective supervision of a vulnerable adult, as defined in
8 chapter 39, chapter 409, or chapter 415, commits a felony of
9 the third degree, punishable as provided in s. 775.082, s.
10 775.083, or s. 775.084. Nothing in this paragraph prohibits
11 prosecution for a violation of paragraph (a) or paragraph (b)
12 involving records described in this paragraph.
13 (d) This section does not prohibit the disposing or
14 archiving of records as otherwise provided by law. In
15 addition, this section does not prohibit any person from
16 correcting or updating records.
17 (3)(2) In any prosecution under this section, it shall
18 not be necessary to prove the ownership or value of any paper
19 or instrument involved.
20 Section 2. Paragraphs (d) and (e) of subsection (3) of
21 section 921.0022, Florida Statutes, as amended by section 2 of
22 chapter 2001-358, Laws of Florida, are amended to read:
23 921.0022 Criminal Punishment Code; offense severity
24 ranking chart.--
25 (3) OFFENSE SEVERITY RANKING CHART
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27 Florida Felony
28 Statute Degree Description
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30
31 (d) LEVEL 4
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SENATE AMENDMENT
Bill No. HB 71-E, 1st Eng.
Amendment No. ___ Barcode 540056
1 316.1935(3) 2nd Driving at high speed or with
2 wanton disregard for safety while
3 fleeing or attempting to elude
4 law enforcement officer who is in
5 a marked patrol vehicle with
6 siren and lights activated.
7 784.07(2)(b) 3rd Battery of law enforcement
8 officer, firefighter, intake
9 officer, etc.
10 784.074(1)(c) 3rd Battery of sexually violent
11 predators facility staff.
12 784.075 3rd Battery on detention or
13 commitment facility staff.
14 784.078 3rd Battery of facility employee by
15 throwing, tossing, or expelling
16 certain fluids or materials.
17 784.08(2)(c) 3rd Battery on a person 65 years of
18 age or older.
19 784.081(3) 3rd Battery on specified official or
20 employee.
21 784.082(3) 3rd Battery by detained person on
22 visitor or other detainee.
23 784.083(3) 3rd Battery on code inspector.
24 784.085 3rd Battery of child by throwing,
25 tossing, projecting, or expelling
26 certain fluids or materials.
27 787.03(1) 3rd Interference with custody;
28 wrongly takes child from
29 appointed guardian.
30 787.04(2) 3rd Take, entice, or remove child
31 beyond state limits with criminal
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SENATE AMENDMENT
Bill No. HB 71-E, 1st Eng.
Amendment No. ___ Barcode 540056
1 intent pending custody
2 proceedings.
3 787.04(3) 3rd Carrying child beyond state lines
4 with criminal intent to avoid
5 producing child at custody
6 hearing or delivering to
7 designated person.
8 790.115(1) 3rd Exhibiting firearm or weapon
9 within 1,000 feet of a school.
10 790.115(2)(b) 3rd Possessing electric weapon or
11 device, destructive device, or
12 other weapon on school property.
13 790.115(2)(c) 3rd Possessing firearm on school
14 property.
15 800.04(7)(d) 3rd Lewd or lascivious exhibition;
16 offender less than 18 years.
17 810.02(4)(a) 3rd Burglary, or attempted burglary,
18 of an unoccupied structure;
19 unarmed; no assault or battery.
20 810.02(4)(b) 3rd Burglary, or attempted burglary,
21 of an unoccupied conveyance;
22 unarmed; no assault or battery.
23 810.06 3rd Burglary; possession of tools.
24 810.08(2)(c) 3rd Trespass on property, armed with
25 firearm or dangerous weapon.
26 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
27 or more but less than $20,000.
28 812.014
29 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
30 firearm, motor vehicle,
31 livestock, etc.
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SENATE AMENDMENT
Bill No. HB 71-E, 1st Eng.
Amendment No. ___ Barcode 540056
1 812.0195(2) 3rd Dealing in stolen property by use
2 of the Internet; property stolen
3 $300 or more.
4 817.563(1) 3rd Sell or deliver substance other
5 than controlled substance agreed
6 upon, excluding s. 893.03(5)
7 drugs.
8 817.568(2)(a) 3rd Fraudulent use of personal
9 identification information.
10 817.625(2)(a) 3rd Fraudulent use of scanning device
11 or reencoder.
12 828.125(1) 2nd Kill, maim, or cause great bodily
13 harm or permanent breeding
14 disability to any registered
15 horse or cattle.
16 837.02(1) 3rd Perjury in official proceedings.
17 837.021(1) 3rd Make contradictory statements in
18 official proceedings.
19 839.13(2)(a) 3rd Falsifying records of an
20 individual in the care and
21 custody of a state agency.
22 839.13(2)(c) 3rd Falsifying records of the
23 Department of Children and Family
24 Services.
25 843.021 3rd Possession of a concealed
26 handcuff key by a person in
27 custody.
28 843.025 3rd Deprive law enforcement,
29 correctional, or correctional
30 probation officer of means of
31 protection or communication.
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SENATE AMENDMENT
Bill No. HB 71-E, 1st Eng.
Amendment No. ___ Barcode 540056
1 843.15(1)(a) 3rd Failure to appear while on bail
2 for felony (bond estreature or
3 bond jumping).
4 874.05(1) 3rd Encouraging or recruiting another
5 to join a criminal street gang.
6 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
7 893.03(1)(a), (b), or (d),
8 (2)(a), (2)(b), or (2)(c)4.
9 drugs).
10 914.14(2) 3rd Witnesses accepting bribes.
11 914.22(1) 3rd Force, threaten, etc., witness,
12 victim, or informant.
13 914.23(2) 3rd Retaliation against a witness,
14 victim, or informant, no bodily
15 injury.
16 918.12 3rd Tampering with jurors.
17 934.215 3rd Use of two-way communications
18 device to facilitate commission
19 of a crime.
20 (e) LEVEL 5
21 316.027(1)(a) 3rd Accidents involving personal
22 injuries, failure to stop;
23 leaving scene.
24 316.1935(4) 2nd Aggravated fleeing or eluding.
25 322.34(6) 3rd Careless operation of motor
26 vehicle with suspended license,
27 resulting in death or serious
28 bodily injury.
29 327.30(5) 3rd Vessel accidents involving
30 personal injury; leaving scene.
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SENATE AMENDMENT
Bill No. HB 71-E, 1st Eng.
Amendment No. ___ Barcode 540056
1 381.0041(11)(b) 3rd Donate blood, plasma, or organs
2 knowing HIV positive.
3 790.01(2) 3rd Carrying a concealed firearm.
4 790.162 2nd Threat to throw or discharge
5 destructive device.
6 790.163 2nd False report of deadly explosive.
7 790.165(2) 3rd Manufacture, sell, possess, or
8 deliver hoax bomb.
9 790.221(1) 2nd Possession of short-barreled
10 shotgun or machine gun.
11 790.23 2nd Felons in possession of firearms
12 or electronic weapons or devices.
13 800.04(6)(c) 3rd Lewd or lascivious conduct;
14 offender less than 18 years.
15 800.04(7)(c) 2nd Lewd or lascivious exhibition;
16 offender 18 years or older.
17 806.111(1) 3rd Possess, manufacture, or dispense
18 fire bomb with intent to damage
19 any structure or property.
20 812.015(8) 3rd Retail theft; property stolen is
21 valued at $300 or more and one or
22 more specified acts.
23 812.019(1) 2nd Stolen property; dealing in or
24 trafficking in.
25 812.131(2)(b) 3rd Robbery by sudden snatching.
26 812.16(2) 3rd Owning, operating, or conducting
27 a chop shop.
28 817.034(4)(a)2. 2nd Communications fraud, value
29 $20,000 to $50,000.
30 817.234(11)(b) 2nd Insurance fraud; property value
31 $20,000 or more but less than
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SENATE AMENDMENT
Bill No. HB 71-E, 1st Eng.
Amendment No. ___ Barcode 540056
1 $100,000.
2 817.568(2)(b) 2nd Fraudulent use of personal
3 identification information; value
4 of benefit, services received,
5 payment avoided, or amount of
6 injury or fraud, $75,000 or more.
7 817.625(2)(b) 2nd Second or subsequent fraudulent
8 use of scanning device or
9 reencoder.
10 825.1025(4) 3rd Lewd or lascivious exhibition in
11 the presence of an elderly person
12 or disabled adult.
13 827.071(4) 2nd Possess with intent to promote
14 any photographic material, motion
15 picture, etc., which includes
16 sexual conduct by a child.
17 839.13(2)(b) 2nd Falsifying records of an
18 individual in the care and
19 custody of a state agency
20 involving great bodily harm or
21 death.
22 843.01 3rd Resist officer with violence to
23 person; resist arrest with
24 violence.
25 874.05(2) 2nd Encouraging or recruiting another
26 to join a criminal street gang;
27 second or subsequent offense.
28 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
29 cocaine (or other s.
30 893.03(1)(a), (1)(b), (1)(d),
31 (2)(a), (2)(b), or (2)(c)4.
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SENATE AMENDMENT
Bill No. HB 71-E, 1st Eng.
Amendment No. ___ Barcode 540056
1 drugs).
2 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
3 cannabis (or other s.
4 893.03(1)(c), (2)(c)1., (2)(c)2.,
5 (2)(c)3., (2)(c)5., (2)(c)6.,
6 (2)(c)7., (2)(c)8., (2)(c)9.,
7 (3), or (4) drugs) within 1,000
8 feet of a child care facility or
9 school.
10 893.13(1)(d)1. 1st Sell, manufacture, or deliver
11 cocaine (or other s.
12 893.03(1)(a), (1)(b), (1)(d),
13 (2)(a), (2)(b), or (2)(c)4.
14 drugs) within 200 feet of
15 university or public park.
16 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
17 cannabis or other drug prohibited
18 under s. 893.03(1)(c), (2)(c)1.,
19 (2)(c)2., (2)(c)3., (2)(c)5.,
20 (2)(c)6., (2)(c)7., (2)(c)8.,
21 (2)(c)9., (3), or (4) within
22 1,000 feet of property used for
23 religious services or a specified
24 business site.
25 893.13(1)(f)1. 1st Sell, manufacture, or deliver
26 cocaine (or other s.
27 893.03(1)(a), (1)(b), (1)(d), or
28 (2)(a), (2)(b), or (2)(c)4.
29 drugs) within 200 feet of public
30 housing facility.
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SENATE AMENDMENT
Bill No. HB 71-E, 1st Eng.
Amendment No. ___ Barcode 540056
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 Section 3. If any law that is amended by this act was
7 also amended by a law enacted at the 2002 Regular Session of
8 the Legislature, such laws shall be construed as if they had
9 been enacted at the same session of the Legislature, and full
10 effect should be given to each if that is possible.
11 Section 4. This act shall take effect upon becoming a
12 law.
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14
15 ================ T I T L E A M E N D M E N T ===============
16 And the title is amended as follows:
17 Delete everything before the enacting clause
18
19 and insert:
20 A bill to be entitled
21 An act relating to falsification of records;
22 amending ss. 839.13, 921.0022, F.S.;
23 prescribing penalties for falsifying records of
24 an individual in the care and custody of a
25 state agency; specifying unlawful acts relating
26 to the Department of Children and Family
27 Services; providing for construction of the act
28 in pari materia with laws enacted at the
29 Regular Session; providing an effective date.
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