House Bill hb0071Ee1
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HB 71-E, First Engrossed
1 A bill to be entitled
2 An act relating to falsification of records;
3 amending ss. 839.13, 921.0022, F.S.;
4 prescribing penalties for falsifying records of
5 an individual in the care and custody of a
6 state agency; specifying unlawful acts relating
7 to records of the Department of Children and
8 Family Services; providing for construction of
9 the act in pari materia with laws enacted at
10 the 2001 Regular Session; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 839.13, Florida Statutes, is
16 amended to read:
17 839.13 Falsifying records.--
18 (1) Except as provided in subsection (2), If any
19 judge, justice, mayor, alderman, clerk, sheriff, coroner, or
20 other public officer, employee or agent of or contractor with
21 a public agency, or any person whatsoever, shall steal,
22 embezzle, alter, corruptly withdraw, falsify or avoid any
23 record, process, charter, gift, grant, conveyance, or
24 contract, or any paper filed in any judicial proceeding in any
25 court of this state, or shall knowingly and willfully take
26 off, discharge or conceal any issue, forfeited recognizance,
27 or other forfeiture, or other paper above mentioned, or shall
28 forge, deface, or falsify any document or instrument recorded,
29 or filed in any court, or any registry, acknowledgment, or
30 certificate, or shall fraudulently alter, deface, or falsify
31 any minutes, documents, books, or any proceedings whatever of
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HB 71-E, First Engrossed
1 or belonging to any public office within this state; or if any
2 person shall cause or procure any of the offenses aforesaid to
3 be committed, or be in anywise concerned therein, the person
4 so offending shall be guilty of a misdemeanor of the first
5 degree, punishable as provided in s. 775.082 or s. 775.083.
6 (2)(a) Any person who knowingly falsifies, alters,
7 destroys, defaces, overwrites, removes, or discards an
8 official record relating to an individual in the care and
9 custody of a state agency, which act has the potential to
10 detrimentally affect the health, safety, or welfare of that
11 individual, commits a felony of the third degree, punishable
12 as provided in s. 775.082, s. 775.083, or s. 775.084.
13 (b) Any person who commits a violation of subsection
14 (2)(a) which contributes to great bodily harm to or the death
15 of an individual in the care and custody of a state agency,
16 commits a felony of the second degree, punishable as provided
17 in s. 775.082, s. 775.083, or s. 775.084.
18 (c) Any person who knowingly falsifies, alters,
19 destroys, defaces, overwrites, removes, or discards records of
20 the Department of Children and Family Services or its contract
21 provider with the intent to conceal a fact material to a child
22 abuse investigation, protective supervision, foster care and
23 related services, or investigations of abuse of an elderly
24 person or disabled adult, as defined in chapters 39, 409, or
25 415, Florida Statutes, commits a felony of the third degree,
26 punishable as provided in s. 775.082, s. 775.083, or s.
27 775.084.
28 (d) This section does not prohibit the disposing or
29 archiving of records as otherwise provided by law. In
30 addition, this section does not prohibit any person from
31 correcting or updating records.
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HB 71-E, First Engrossed
1 (3)(2) In any prosecution under this section, it shall
2 not be necessary to prove the ownership or value of any paper
3 or instrument involved.
4 Section 2. Paragraph (d) and (e) of subsection (3) of
5 section 921.0022, Florida Statutes, as amended by section 2 of
6 chapter 2001-358, Laws of Florida, is amended to read:
7 921.0022 Criminal Punishment Code; offense severity
8 ranking chart.--
9 (3) OFFENSE SEVERITY RANKING CHART
10
11 Florida Felony
12 Statute Degree Description
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15 (d) LEVEL 4
16 316.1935(3) 2nd Driving at high speed or with
17 wanton disregard for safety while
18 fleeing or attempting to elude
19 law enforcement officer who is in
20 a marked patrol vehicle with
21 siren and lights activated.
22 784.07(2)(b) 3rd Battery of law enforcement
23 officer, firefighter, intake
24 officer, etc.
25 784.074(1)(c) 3rd Battery of sexually violent
26 predators facility staff.
27 784.075 3rd Battery on detention or
28 commitment facility staff.
29 784.078 3rd Battery of facility employee by
30 throwing, tossing, or expelling
31 certain fluids or materials.
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HB 71-E, First Engrossed
1 784.08(2)(c) 3rd Battery on a person 65 years of
2 age or older.
3 784.081(3) 3rd Battery on specified official or
4 employee.
5 784.082(3) 3rd Battery by detained person on
6 visitor or other detainee.
7 784.083(3) 3rd Battery on code inspector.
8 784.085 3rd Battery of child by throwing,
9 tossing, projecting, or expelling
10 certain fluids or materials.
11 787.03(1) 3rd Interference with custody;
12 wrongly takes child from
13 appointed guardian.
14 787.04(2) 3rd Take, entice, or remove child
15 beyond state limits with criminal
16 intent pending custody
17 proceedings.
18 787.04(3) 3rd Carrying child beyond state lines
19 with criminal intent to avoid
20 producing child at custody
21 hearing or delivering to
22 designated person.
23 790.115(1) 3rd Exhibiting firearm or weapon
24 within 1,000 feet of a school.
25 790.115(2)(b) 3rd Possessing electric weapon or
26 device, destructive device, or
27 other weapon on school property.
28 790.115(2)(c) 3rd Possessing firearm on school
29 property.
30 800.04(7)(d) 3rd Lewd or lascivious exhibition;
31 offender less than 18 years.
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HB 71-E, First Engrossed
1 810.02(4)(a) 3rd Burglary, or attempted burglary,
2 of an unoccupied structure;
3 unarmed; no assault or battery.
4 810.02(4)(b) 3rd Burglary, or attempted burglary,
5 of an unoccupied conveyance;
6 unarmed; no assault or battery.
7 810.06 3rd Burglary; possession of tools.
8 810.08(2)(c) 3rd Trespass on property, armed with
9 firearm or dangerous weapon.
10 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
11 or more but less than $20,000.
12 812.014
13 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
14 firearm, motor vehicle,
15 livestock, etc.
16 812.0195(2) 3rd Dealing in stolen property by use
17 of the Internet; property stolen
18 $300 or more.
19 817.563(1) 3rd Sell or deliver substance other
20 than controlled substance agreed
21 upon, excluding s. 893.03(5)
22 drugs.
23 817.568(2)(a) 3rd Fraudulent use of personal
24 identification information.
25 817.625(2)(a) 3rd Fraudulent use of scanning device
26 or reencoder.
27 828.125(1) 2nd Kill, maim, or cause great bodily
28 harm or permanent breeding
29 disability to any registered
30 horse or cattle.
31 837.02(1) 3rd Perjury in official proceedings.
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HB 71-E, First Engrossed
1 837.021(1) 3rd Make contradictory statements in
2 official proceedings.
3 839.13(2)(c) 3rd Falsify records of the Department
4 of Children and Family Services.
5 843.021 3rd Possession of a concealed
6 handcuff key by a person in
7 custody.
8 843.025 3rd Deprive law enforcement,
9 correctional, or correctional
10 probation officer of means of
11 protection or communication.
12 843.15(1)(a) 3rd Failure to appear while on bail
13 for felony (bond estreature or
14 bond jumping).
15 874.05(1) 3rd Encouraging or recruiting another
16 to join a criminal street gang.
17 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
18 893.03(1)(a), (b), or (d),
19 (2)(a), (2)(b), or (2)(c)4.
20 drugs).
21 914.14(2) 3rd Witnesses accepting bribes.
22 914.22(1) 3rd Force, threaten, etc., witness,
23 victim, or informant.
24 914.23(2) 3rd Retaliation against a witness,
25 victim, or informant, no bodily
26 injury.
27 918.12 3rd Tampering with jurors.
28 934.215 3rd Use of two-way communications
29 device to facilitate commission
30 of a crime.
31 (e) LEVEL 5
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HB 71-E, First Engrossed
1 316.027(1)(a) 3rd Accidents involving personal
2 injuries, failure to stop;
3 leaving scene.
4 316.1935(4) 2nd Aggravated fleeing or eluding.
5 322.34(6) 3rd Careless operation of motor
6 vehicle with suspended license,
7 resulting in death or serious
8 bodily injury.
9 327.30(5) 3rd Vessel accidents involving
10 personal injury; leaving scene.
11 381.0041(11)(b) 3rd Donate blood, plasma, or organs
12 knowing HIV positive.
13 790.01(2) 3rd Carrying a concealed firearm.
14 790.162 2nd Threat to throw or discharge
15 destructive device.
16 790.163 2nd False report of deadly explosive.
17 790.165(2) 3rd Manufacture, sell, possess, or
18 deliver hoax bomb.
19 790.221(1) 2nd Possession of short-barreled
20 shotgun or machine gun.
21 790.23 2nd Felons in possession of firearms
22 or electronic weapons or devices.
23 800.04(6)(c) 3rd Lewd or lascivious conduct;
24 offender less than 18 years.
25 800.04(7)(c) 2nd Lewd or lascivious exhibition;
26 offender 18 years or older.
27 806.111(1) 3rd Possess, manufacture, or dispense
28 fire bomb with intent to damage
29 any structure or property.
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HB 71-E, First Engrossed
1 812.015(8) 3rd Retail theft; property stolen is
2 valued at $300 or more and one or
3 more specified acts.
4 812.019(1) 2nd Stolen property; dealing in or
5 trafficking in.
6 812.131(2)(b) 3rd Robbery by sudden snatching.
7 812.16(2) 3rd Owning, operating, or conducting
8 a chop shop.
9 817.034(4)(a)2. 2nd Communications fraud, value
10 $20,000 to $50,000.
11 817.234(11)(b) 2nd Insurance fraud; property value
12 $20,000 or more but less than
13 $100,000.
14 817.568(2)(b) 2nd Fraudulent use of personal
15 identification information; value
16 of benefit, services received,
17 payment avoided, or amount of
18 injury or fraud, $75,000 or more.
19 817.625(2)(b) 2nd Second or subsequent fraudulent
20 use of scanning device or
21 reencoder.
22 825.1025(4) 3rd Lewd or lascivious exhibition in
23 the presence of an elderly person
24 or disabled adult.
25 827.071(4) 2nd Possess with intent to promote
26 any photographic material, motion
27 picture, etc., which includes
28 sexual conduct by a child.
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HB 71-E, First Engrossed
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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HB 71-E, First Engrossed
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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