HOUSE AMENDMENT
Bill No. HB 71-E
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Murman and Detert offered the following:
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13 Amendment (with title amendment)
14 Remove 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, employee or agent of or contractor with
23 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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HOUSE AMENDMENT
Bill No. HB 71-E
Amendment No. ___ (for drafter's use only)
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.
15 (b) Any person who commits a violation of subsection
16 (2)(a) which contributes to great bodily harm to or the death
17 of an individual in the care and custody of a state agency,
18 commits a felony of the second degree, punishable as provided
19 in s. 775.082, s. 775.083, or s. 775.084.
20 (c) Any person who knowingly falsifies, alters,
21 destroys, defaces, overwrites, removes, or discards records of
22 the Department of Children and Family Services or its contract
23 provider with the intent to conceal a fact material to a child
24 abuse investigation, protective supervision, foster care and
25 related services, or investigations of abuse of an elderly
26 person or disabled adult, as defined in chapters 39, 409, or
27 415, Florida Statutes, commits a felony of the third degree,
28 punishable as provided in s. 775.082, s. 775.083, or s.
29 775.084.
30 (d) This section does not prohibit the disposing or
31 archiving of records as otherwise provided by law. In
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HOUSE AMENDMENT
Bill No. HB 71-E
Amendment No. ___ (for drafter's use only)
1 addition, this section does not prohibit any person from
2 correcting or updating records.
3 (3)(2) In any prosecution under this section, it shall
4 not be necessary to prove the ownership or value of any paper
5 or instrument involved.
6 Section 2. Paragraph (d) and (e) of subsection (3) of
7 section 921.0022, Florida Statutes, as amended by section 2 of
8 chapter 2001-358, Laws of Florida, is amended to read:
9 921.0022 Criminal Punishment Code; offense severity
10 ranking chart.--
11 (3) OFFENSE SEVERITY RANKING CHART
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13 Florida Felony
14 Statute Degree Description
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17 (d) LEVEL 4
18 316.1935(3) 2nd Driving at high speed or with
19 wanton disregard for safety while
20 fleeing or attempting to elude
21 law enforcement officer who is in
22 a marked patrol vehicle with
23 siren and lights activated.
24 784.07(2)(b) 3rd Battery of law enforcement
25 officer, firefighter, intake
26 officer, etc.
27 784.074(1)(c) 3rd Battery of sexually violent
28 predators facility staff.
29 784.075 3rd Battery on detention or
30 commitment facility staff.
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HOUSE AMENDMENT
Bill No. HB 71-E
Amendment No. ___ (for drafter's use only)
1 784.078 3rd Battery of facility employee by
2 throwing, tossing, or expelling
3 certain fluids or materials.
4 784.08(2)(c) 3rd Battery on a person 65 years of
5 age or older.
6 784.081(3) 3rd Battery on specified official or
7 employee.
8 784.082(3) 3rd Battery by detained person on
9 visitor or other detainee.
10 784.083(3) 3rd Battery on code inspector.
11 784.085 3rd Battery of child by throwing,
12 tossing, projecting, or expelling
13 certain fluids or materials.
14 787.03(1) 3rd Interference with custody;
15 wrongly takes child from
16 appointed guardian.
17 787.04(2) 3rd Take, entice, or remove child
18 beyond state limits with criminal
19 intent pending custody
20 proceedings.
21 787.04(3) 3rd Carrying child beyond state lines
22 with criminal intent to avoid
23 producing child at custody
24 hearing or delivering to
25 designated person.
26 790.115(1) 3rd Exhibiting firearm or weapon
27 within 1,000 feet of a school.
28 790.115(2)(b) 3rd Possessing electric weapon or
29 device, destructive device, or
30 other weapon on school property.
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HOUSE AMENDMENT
Bill No. HB 71-E
Amendment No. ___ (for drafter's use only)
1 790.115(2)(c) 3rd Possessing firearm on school
2 property.
3 800.04(7)(d) 3rd Lewd or lascivious exhibition;
4 offender less than 18 years.
5 810.02(4)(a) 3rd Burglary, or attempted burglary,
6 of an unoccupied structure;
7 unarmed; no assault or battery.
8 810.02(4)(b) 3rd Burglary, or attempted burglary,
9 of an unoccupied conveyance;
10 unarmed; no assault or battery.
11 810.06 3rd Burglary; possession of tools.
12 810.08(2)(c) 3rd Trespass on property, armed with
13 firearm or dangerous weapon.
14 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
15 or more but less than $20,000.
16 812.014
17 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
18 firearm, motor vehicle,
19 livestock, etc.
20 812.0195(2) 3rd Dealing in stolen property by use
21 of the Internet; property stolen
22 $300 or more.
23 817.563(1) 3rd Sell or deliver substance other
24 than controlled substance agreed
25 upon, excluding s. 893.03(5)
26 drugs.
27 817.568(2)(a) 3rd Fraudulent use of personal
28 identification information.
29 817.625(2)(a) 3rd Fraudulent use of scanning device
30 or reencoder.
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HOUSE AMENDMENT
Bill No. HB 71-E
Amendment No. ___ (for drafter's use only)
1 828.125(1) 2nd Kill, maim, or cause great bodily
2 harm or permanent breeding
3 disability to any registered
4 horse or cattle.
5 837.02(1) 3rd Perjury in official proceedings.
6 837.021(1) 3rd Make contradictory statements in
7 official proceedings.
8 839.13(2)(c) 3rd Falsify records of the Department
9 of Children and Family Services.
10 843.021 3rd Possession of a concealed
11 handcuff key by a person in
12 custody.
13 843.025 3rd Deprive law enforcement,
14 correctional, or correctional
15 probation officer of means of
16 protection or communication.
17 843.15(1)(a) 3rd Failure to appear while on bail
18 for felony (bond estreature or
19 bond jumping).
20 874.05(1) 3rd Encouraging or recruiting another
21 to join a criminal street gang.
22 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
23 893.03(1)(a), (b), or (d),
24 (2)(a), (2)(b), or (2)(c)4.
25 drugs).
26 914.14(2) 3rd Witnesses accepting bribes.
27 914.22(1) 3rd Force, threaten, etc., witness,
28 victim, or informant.
29 914.23(2) 3rd Retaliation against a witness,
30 victim, or informant, no bodily
31 injury.
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HOUSE AMENDMENT
Bill No. HB 71-E
Amendment No. ___ (for drafter's use only)
1 918.12 3rd Tampering with jurors.
2 934.215 3rd Use of two-way communications
3 device to facilitate commission
4 of a crime.
5 (e) LEVEL 5
6 316.027(1)(a) 3rd Accidents involving personal
7 injuries, failure to stop;
8 leaving scene.
9 316.1935(4) 2nd Aggravated fleeing or eluding.
10 322.34(6) 3rd Careless operation of motor
11 vehicle with suspended license,
12 resulting in death or serious
13 bodily injury.
14 327.30(5) 3rd Vessel accidents involving
15 personal injury; leaving scene.
16 381.0041(11)(b) 3rd Donate blood, plasma, or organs
17 knowing HIV positive.
18 790.01(2) 3rd Carrying a concealed firearm.
19 790.162 2nd Threat to throw or discharge
20 destructive device.
21 790.163 2nd False report of deadly explosive.
22 790.165(2) 3rd Manufacture, sell, possess, or
23 deliver hoax bomb.
24 790.221(1) 2nd Possession of short-barreled
25 shotgun or machine gun.
26 790.23 2nd Felons in possession of firearms
27 or electronic weapons or devices.
28 800.04(6)(c) 3rd Lewd or lascivious conduct;
29 offender less than 18 years.
30 800.04(7)(c) 2nd Lewd or lascivious exhibition;
31 offender 18 years or older.
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HOUSE AMENDMENT
Bill No. HB 71-E
Amendment No. ___ (for drafter's use only)
1 806.111(1) 3rd Possess, manufacture, or dispense
2 fire bomb with intent to damage
3 any structure or property.
4 812.015(8) 3rd Retail theft; property stolen is
5 valued at $300 or more and one or
6 more specified acts.
7 812.019(1) 2nd Stolen property; dealing in or
8 trafficking in.
9 812.131(2)(b) 3rd Robbery by sudden snatching.
10 812.16(2) 3rd Owning, operating, or conducting
11 a chop shop.
12 817.034(4)(a)2. 2nd Communications fraud, value
13 $20,000 to $50,000.
14 817.234(11)(b) 2nd Insurance fraud; property value
15 $20,000 or more but less than
16 $100,000.
17 817.568(2)(b) 2nd Fraudulent use of personal
18 identification information; value
19 of benefit, services received,
20 payment avoided, or amount of
21 injury or fraud, $75,000 or more.
22 817.625(2)(b) 2nd Second or subsequent fraudulent
23 use of scanning device or
24 reencoder.
25 825.1025(4) 3rd Lewd or lascivious exhibition in
26 the presence of an elderly person
27 or disabled adult.
28 827.071(4) 2nd Possess with intent to promote
29 any photographic material, motion
30 picture, etc., which includes
31 sexual conduct by a child.
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hci0001 12:20 pm E0071-0070-600265
HOUSE AMENDMENT
Bill No. HB 71-E
Amendment No. ___ (for drafter's use only)
1 839.13(2)(b) 2nd Falsifying records of an
2 individual in the care and
3 custody of a state agency
4 involving great bodily harm or
5 death.
6 843.01 3rd Resist officer with violence to
7 person; resist arrest with
8 violence.
9 874.05(2) 2nd Encouraging or recruiting another
10 to join a criminal street gang;
11 second or subsequent offense.
12 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
13 cocaine (or other s.
14 893.03(1)(a), (1)(b), (1)(d),
15 (2)(a), (2)(b), or (2)(c)4.
16 drugs).
17 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
18 cannabis (or other s.
19 893.03(1)(c), (2)(c)1., (2)(c)2.,
20 (2)(c)3., (2)(c)5., (2)(c)6.,
21 (2)(c)7., (2)(c)8., (2)(c)9.,
22 (3), or (4) drugs) within 1,000
23 feet of a child care facility or
24 school.
25 893.13(1)(d)1. 1st Sell, manufacture, or deliver
26 cocaine (or other s.
27 893.03(1)(a), (1)(b), (1)(d),
28 (2)(a), (2)(b), or (2)(c)4.
29 drugs) within 200 feet of
30 university or public park.
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HOUSE AMENDMENT
Bill No. HB 71-E
Amendment No. ___ (for drafter's use only)
1 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
2 cannabis or other drug prohibited
3 under s. 893.03(1)(c), (2)(c)1.,
4 (2)(c)2., (2)(c)3., (2)(c)5.,
5 (2)(c)6., (2)(c)7., (2)(c)8.,
6 (2)(c)9., (3), or (4) within
7 1,000 feet of property used for
8 religious services or a specified
9 business site.
10 893.13(1)(f)1. 1st Sell, manufacture, or deliver
11 cocaine (or other s.
12 893.03(1)(a), (1)(b), (1)(d), or
13 (2)(a), (2)(b), or (2)(c)4.
14 drugs) within 200 feet of public
15 housing facility.
16 893.13(4)(b) 2nd Deliver to minor cannabis (or
17 other s. 893.03(1)(c), (2)(c)1.,
18 (2)(c)2., (2)(c)3., (2)(c)5.,
19 (2)(c)6., (2)(c)7., (2)(c)8.,
20 (2)(c)9., (3), or (4) drugs).
21 Section 3. If any law that is amended by this act was
22 also amended by a law enacted at the 2002 Regular Session of
23 the Legislature, such laws shall be construed as if they had
24 been enacted at the same session of the Legislature, and full
25 effect should be given to each if that is possible.
26 Section 4. This act shall take effect upon becoming a
27 law.
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29
30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
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HOUSE AMENDMENT
Bill No. HB 71-E
Amendment No. ___ (for drafter's use only)
1 Delete everything before the enacting clause,
2
3 and insert:
4 A bill to be entitled
5 An act relating to falsification of records;
6 amending ss. 839.13, 921.0022, F.S.;
7 prescribing penalties for falsifying records of
8 an individual in the care and custody of a
9 state agency; specifying unlawful acts relating
10 to records of the Department of Children and
11 Family Services; providing for construction of
12 the act in pari materia with laws enacted at
13 the 2001 Regular Session; providing an
14 effective date.
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