Senate Bill sb0076Ec1
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Florida Senate - 2002 CS for SB 76-E
By the Committee on Criminal Justice; and Senators Villalobos,
Peaden, Campbell and Cowin
307-2413-02
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 the Department of Children and Family
8 Services; providing for construction of the act
9 in pari materia with laws enacted at the
10 Regular Session; providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Section 839.13, Florida Statutes, is
15 amended to read:
16 839.13 Falsifying records.--
17 (1) Except as provided in subsection (2), if any
18 judge, justice, mayor, alderman, clerk, sheriff, coroner, or
19 other public officer, or employee or agent of or contractor
20 with a public agency, or any person whatsoever, shall steal,
21 embezzle, alter, corruptly withdraw, falsify or avoid any
22 record, process, charter, gift, grant, conveyance, or
23 contract, or any paper filed in any judicial proceeding in any
24 court of this state, or shall knowingly and willfully take
25 off, discharge or conceal any issue, forfeited recognizance,
26 or other forfeiture, or other paper above mentioned, or shall
27 forge, deface, or falsify any document or instrument recorded,
28 or filed in any court, or any registry, acknowledgment, or
29 certificate, or shall fraudulently alter, deface, or falsify
30 any minutes, documents, books, or any proceedings whatever of
31 or belonging to any public office within this state; or if any
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1 person shall cause or procure any of the offenses aforesaid to
2 be committed, or be in anywise concerned therein, the person
3 so offending shall be guilty of a misdemeanor of the first
4 degree, punishable as provided in s. 775.082 or s. 775.083.
5 (2)(a) Any person who knowingly falsifies, alters,
6 destroys, defaces, overwrites, removes, or discards an
7 official record relating to an individual in the care and
8 custody of a state agency, which act has the potential to
9 detrimentally affect the health, safety, or welfare of that
10 individual, commits a felony of the third degree, punishable
11 as provided in s. 775.082, s. 775.083, or s. 775.084. For the
12 purposes of this paragraph, the term "care and custody"
13 includes, but is not limited to, a child abuse protective
14 investigation, protective supervision, foster care and related
15 services, or a protective investigation or protective
16 supervision of a vulnerable adult, as defined in chapter 39,
17 chapter 409, or chapter 415.
18 (b) Any person who commits a violation of paragraph
19 (a) which contributes to great bodily harm to or the death of
20 an individual in the care and custody of a state agency
21 commits a felony of the second degree, punishable as provided
22 in s. 775.082, s. 775.083, or s. 775.084. For the purposes of
23 this paragraph, the term "care and custody" includes, but is
24 not limited to, a child abuse protective investigation,
25 protective supervision, foster care and related services, or a
26 protective investigation or protective supervision of a
27 vulnerable adult, as defined in chapter 39, chapter 409, or
28 chapter 415.
29 (c) Any person who knowingly falsifies, alters,
30 destroys, defaces, overwrites, removes, or discards records of
31 the Department of Children and Family Services or its contract
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1 provider with the intent to conceal a fact material to a child
2 abuse protective investigation, protective supervision, foster
3 care and related services, or a protective investigation or
4 protective supervision of a vulnerable adult, as defined in
5 chapter 39, chapter 409, or chapter 415, commits a felony of
6 the third degree, punishable as provided in s. 775.082, s.
7 775.083, or s. 775.084. Nothing in this paragraph prohibits
8 prosecution for a violation of paragraph (a) or paragraph (b)
9 involving records described in this paragraph.
10 (d) This section does not prohibit the disposing or
11 archiving of records as otherwise provided by law. In
12 addition, this section does not prohibit any person from
13 correcting or updating records.
14 (3)(2) In any prosecution under this section, it shall
15 not be necessary to prove the ownership or value of any paper
16 or instrument involved.
17 Section 2. Paragraphs (d) and (e) of subsection (3) of
18 section 921.0022, Florida Statutes, as amended by section 2 of
19 chapter 2001-358, Laws of Florida, are amended to read:
20 921.0022 Criminal Punishment Code; offense severity
21 ranking chart.--
22 (3) OFFENSE SEVERITY RANKING CHART
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24 Florida Felony
25 Statute Degree Description
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28 (d) LEVEL 4
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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.
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1 787.04(2) 3rd Take, entice, or remove child
2 beyond state limits with criminal
3 intent pending custody
4 proceedings.
5 787.04(3) 3rd Carrying child beyond state lines
6 with criminal intent to avoid
7 producing child at custody
8 hearing or delivering to
9 designated person.
10 790.115(1) 3rd Exhibiting firearm or weapon
11 within 1,000 feet of a school.
12 790.115(2)(b) 3rd Possessing electric weapon or
13 device, destructive device, or
14 other weapon on school property.
15 790.115(2)(c) 3rd Possessing firearm on school
16 property.
17 800.04(7)(d) 3rd Lewd or lascivious exhibition;
18 offender less than 18 years.
19 810.02(4)(a) 3rd Burglary, or attempted burglary,
20 of an unoccupied structure;
21 unarmed; no assault or battery.
22 810.02(4)(b) 3rd Burglary, or attempted burglary,
23 of an unoccupied conveyance;
24 unarmed; no assault or battery.
25 810.06 3rd Burglary; possession of tools.
26 810.08(2)(c) 3rd Trespass on property, armed with
27 firearm or dangerous weapon.
28 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
29 or more but less than $20,000.
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1 812.014
2 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
3 firearm, motor vehicle,
4 livestock, etc.
5 812.0195(2) 3rd Dealing in stolen property by use
6 of the Internet; property stolen
7 $300 or more.
8 817.563(1) 3rd Sell or deliver substance other
9 than controlled substance agreed
10 upon, excluding s. 893.03(5)
11 drugs.
12 817.568(2)(a) 3rd Fraudulent use of personal
13 identification information.
14 817.625(2)(a) 3rd Fraudulent use of scanning device
15 or reencoder.
16 828.125(1) 2nd Kill, maim, or cause great bodily
17 harm or permanent breeding
18 disability to any registered
19 horse or cattle.
20 837.02(1) 3rd Perjury in official proceedings.
21 837.021(1) 3rd Make contradictory statements in
22 official proceedings.
23 839.13(2)(a) 3rd Falsifying records of an
24 individual in the care and
25 custody of a state agency.
26 839.13(2)(c) 3rd Falsifying records of the
27 Department of Children and Family
28 Services.
29 843.021 3rd Possession of a concealed
30 handcuff key by a person in
31 custody.
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1 843.025 3rd Deprive law enforcement,
2 correctional, or correctional
3 probation officer of means of
4 protection or communication.
5 843.15(1)(a) 3rd Failure to appear while on bail
6 for felony (bond estreature or
7 bond jumping).
8 874.05(1) 3rd Encouraging or recruiting another
9 to join a criminal street gang.
10 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
11 893.03(1)(a), (b), or (d),
12 (2)(a), (2)(b), or (2)(c)4.
13 drugs).
14 914.14(2) 3rd Witnesses accepting bribes.
15 914.22(1) 3rd Force, threaten, etc., witness,
16 victim, or informant.
17 914.23(2) 3rd Retaliation against a witness,
18 victim, or informant, no bodily
19 injury.
20 918.12 3rd Tampering with jurors.
21 934.215 3rd Use of two-way communications
22 device to facilitate commission
23 of a crime.
24 (e) LEVEL 5
25 316.027(1)(a) 3rd Accidents involving personal
26 injuries, failure to stop;
27 leaving scene.
28 316.1935(4) 2nd Aggravated fleeing or eluding.
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1 322.34(6) 3rd Careless operation of motor
2 vehicle with suspended license,
3 resulting in death or serious
4 bodily injury.
5 327.30(5) 3rd Vessel accidents involving
6 personal injury; leaving scene.
7 381.0041(11)(b) 3rd Donate blood, plasma, or organs
8 knowing HIV positive.
9 790.01(2) 3rd Carrying a concealed firearm.
10 790.162 2nd Threat to throw or discharge
11 destructive device.
12 790.163 2nd False report of deadly explosive.
13 790.165(2) 3rd Manufacture, sell, possess, or
14 deliver hoax bomb.
15 790.221(1) 2nd Possession of short-barreled
16 shotgun or machine gun.
17 790.23 2nd Felons in possession of firearms
18 or electronic weapons or devices.
19 800.04(6)(c) 3rd Lewd or lascivious conduct;
20 offender less than 18 years.
21 800.04(7)(c) 2nd Lewd or lascivious exhibition;
22 offender 18 years or older.
23 806.111(1) 3rd Possess, manufacture, or dispense
24 fire bomb with intent to damage
25 any structure or property.
26 812.015(8) 3rd Retail theft; property stolen is
27 valued at $300 or more and one or
28 more specified acts.
29 812.019(1) 2nd Stolen property; dealing in or
30 trafficking in.
31 812.131(2)(b) 3rd Robbery by sudden snatching.
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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.
23 839.13(2)(b) 2nd Falsifying records of an
24 individual in the care and
25 custody of a state agency
26 involving great bodily harm or
27 death.
28 843.01 3rd Resist officer with violence to
29 person; resist arrest with
30 violence.
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1 874.05(2) 2nd Encouraging or recruiting another
2 to join a criminal street gang;
3 second or subsequent offense.
4 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
5 cocaine (or other s.
6 893.03(1)(a), (1)(b), (1)(d),
7 (2)(a), (2)(b), or (2)(c)4.
8 drugs).
9 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
10 cannabis (or other s.
11 893.03(1)(c), (2)(c)1., (2)(c)2.,
12 (2)(c)3., (2)(c)5., (2)(c)6.,
13 (2)(c)7., (2)(c)8., (2)(c)9.,
14 (3), or (4) drugs) within 1,000
15 feet of a child care facility or
16 school.
17 893.13(1)(d)1. 1st Sell, manufacture, or deliver
18 cocaine (or other s.
19 893.03(1)(a), (1)(b), (1)(d),
20 (2)(a), (2)(b), or (2)(c)4.
21 drugs) within 200 feet of
22 university or public park.
23 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
24 cannabis or other drug prohibited
25 under s. 893.03(1)(c), (2)(c)1.,
26 (2)(c)2., (2)(c)3., (2)(c)5.,
27 (2)(c)6., (2)(c)7., (2)(c)8.,
28 (2)(c)9., (3), or (4) within
29 1,000 feet of property used for
30 religious services or a specified
31 business site.
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1 893.13(1)(f)1. 1st Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d), or
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs) within 200 feet of public
6 housing facility.
7 893.13(4)(b) 2nd Deliver to minor cannabis (or
8 other s. 893.03(1)(c), (2)(c)1.,
9 (2)(c)2., (2)(c)3., (2)(c)5.,
10 (2)(c)6., (2)(c)7., (2)(c)8.,
11 (2)(c)9., (3), or (4) drugs).
12 Section 3. If any law that is amended by this act was
13 also amended by a law enacted at the 2002 Regular Session of
14 the Legislature, such laws shall be construed as if they had
15 been enacted at the same session of the Legislature, and full
16 effect should be given to each if that is possible.
17 Section 4. This act shall take effect upon becoming a
18 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 76-E
3
4 - Specifies that the first degree misdemeanor offense for
falsification of records includes an employee or agent
5 of or contractor with a public agency.
6 - Makes it a third degree felony, ranked in level 4, for
any person to knowingly falsify, alter, destroy, deface,
7 overwrite, remove, or discard an official record
relating to an individual in the care and custody of a
8 state agency, which act has the potential to
detrimentally affect the health, safety, or welfare of
9 that individual.
10 - Makes it a second degree felony, ranked in level 5, for
any person to commit the above-described violation if
11 the violation contributes to great bodily harm to or the
death of an individual in the care and custody of a
12 state agency.
13 - Provides that, for the purpose of the paragraphs
creating the above-described third degree felony and
14 second degree felony offenses, the term "care and
custody" includes, but is not limited to, a child abuse
15 protective investigation, protective supervision, foster
care and related services, or a protective investigation
16 or protective supervision of a vulnerable adult, as
defined in chapters 39, 409, or 415, F.S.
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- Makes it a third degree felony, ranked in level 4, for
18 any person to knowingly falsify, alter, destroy, deface,
overwrite, remove, or discard an official record of the
19 Department of Children and Family Services or its
contract provider with the intent to conceal a fact
20 material to a child abuse protective investigation,
protective supervision, foster care and related
21 services, or a protective investigation or protective
supervision of a vulnerable adult, as defined in
22 chapters 39, 409, or 415, F.S.
23 - Provides that nothing in the paragraph creating the
third degree felony offense for falsification of
24 Department of Children and Family Services records shall
be construed to prohibit prosecution for the other
25 falsification of records felony offenses described above
and created by this bill.
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- Provides that the newly created section does not
27 prohibit the disposing or archiving of records as
otherwise provided by law, and does not prohibit any
28 person from correcting or updating records. -
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