Senate Bill sb1694c1
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Florida Senate - 2003 CS for SB 1694
By the Committee on Banking and Insurance; and Senators Posey
and Fasano
311-2015-03
1 A bill to be entitled
2 An act relating to insurance fraud; amending s.
3 624.310, F.S.; prohibiting certain persons
4 under disciplinary sanctions from participating
5 in the insurance business; providing penalties;
6 creating s. 817.413, F.S.; prohibiting certain
7 sales of used motor vehicle goods as new;
8 providing penalties; amending s. 860.15, F.S.;
9 increasing the penalty for certain overcharges
10 for motor vehicle repairs or parts; amending s.
11 921.0022, F.S.; revising the offense severity
12 ranking chart of the Criminal Punishment Code
13 to reflect changes in penalties; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (8) is added to section 624.310,
19 Florida Statutes, to read:
20 624.310 Enforcement; cease and desist orders; removal
21 of certain persons; fines.--
22 (8) CRIMINAL ENFORCEMENT.--It is unlawful for any
23 affiliated party who is removed or prohibited from
24 participation in the affairs of a licensee pursuant to this
25 section, or for any licensee whose rights or privileges under
26 such license have been suspended or revoked pursuant to the
27 Florida Insurance Code, to act as an affiliated party as
28 defined in this section or to transact insurance as defined in
29 s. 624.10 until expressly authorized to do so by the
30 department or office. Such authorization by the department or
31 office may not be provided unless the affiliated party or the
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Florida Senate - 2003 CS for SB 1694
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1 licensee has made restitution, if applicable, to all parties
2 damaged by the actions of the affiliated party or the licensee
3 which served as the basis for the removal or prohibition of
4 the affiliated party or the suspension or revocation of the
5 rights and privileges of the licensee. Any person who violates
6 the provisions of this subsection commits a felony of the
7 third degree, punishable as provided in s. 775.082, s. 775.083
8 or s. 775.084.
9 Section 2. Section 817.413, Florida Statutes, is
10 created to read:
11 817.413 Sale of used motor vehicle goods as new;
12 penalty.--
13 (1) With respect to a transaction for which any
14 charges will be paid from the proceeds of a motor vehicle
15 insurance policy, and in which the purchase price of motor
16 vehicle goods exceeds $100, it is unlawful for the seller to
17 misrepresent orally, in writing, or by failure to speak, that
18 the goods are new or original when they are used or
19 repossessed or have been used for sales demonstration.
20 (2) A person who violates the provisions of this
21 section commits a felony of the third degree, punishable as
22 provided in s. 775.082, s. 775.083, or s. 775.084.
23 Section 3. Subsection (3) is added to section 860.15,
24 Florida Statutes, to read:
25 860.15 Overcharging for repairs and parts; penalty.--
26 (3) If the charges referred to in subsection (1) will
27 be paid from the proceeds of a motor vehicle insurance policy,
28 a person willfully violating the provisions of this section
29 commits a felony of the third degree, punishable as provided
30 in s. 775.082, s. 775.083, or s. 775.084.
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1 Section 4. Paragraphs (c), (e), and (g) of subsection
2 (3) of section 921.0022, Florida Statutes, are amended to
3 read:
4 921.0022 Criminal Punishment Code; offense severity
5 ranking chart.--
6 (3) OFFENSE SEVERITY RANKING CHART
7
8 Florida Felony
9 Statute Degree Description
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11
12 (c) LEVEL 3
13 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
14 316.1935(2) 3rd Fleeing or attempting to elude
15 law enforcement officer in marked
16 patrol vehicle with siren and
17 lights activated.
18 319.30(4) 3rd Possession by junkyard of motor
19 vehicle with identification
20 number plate removed.
21 319.33(1)(a) 3rd Alter or forge any certificate of
22 title to a motor vehicle or
23 mobile home.
24 319.33(1)(c) 3rd Procure or pass title on stolen
25 vehicle.
26 319.33(4) 3rd With intent to defraud, possess,
27 sell, etc., a blank, forged, or
28 unlawfully obtained title or
29 registration.
30 327.35(2)(b) 3rd Felony BUI.
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1 328.05(2) 3rd Possess, sell, or counterfeit
2 fictitious, stolen, or fraudulent
3 titles or bills of sale of
4 vessels.
5 328.07(4) 3rd Manufacture, exchange, or possess
6 vessel with counterfeit or wrong
7 ID number.
8 376.302(5) 3rd Fraud related to reimbursement
9 for cleanup expenses under the
10 Inland Protection Trust Fund.
11 501.001(2)(b) 2nd Tampers with a consumer product
12 or the container using materially
13 false/misleading information.
14 624.310(8) 3rd Unauthorized participation in the
15 insurance industry.
16 697.08 3rd Equity skimming.
17 790.15(3) 3rd Person directs another to
18 discharge firearm from a vehicle.
19 796.05(1) 3rd Live on earnings of a prostitute.
20 806.10(1) 3rd Maliciously injure, destroy, or
21 interfere with vehicles or
22 equipment used in firefighting.
23 806.10(2) 3rd Interferes with or assaults
24 firefighter in performance of
25 duty.
26 810.09(2)(c) 3rd Trespass on property other than
27 structure or conveyance armed
28 with firearm or dangerous weapon.
29 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
30 less than $10,000.
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1 812.0145(2)(c) 3rd Theft from person 65 years of age
2 or older; $300 or more but less
3 than $10,000.
4 815.04(4)(b) 2nd Computer offense devised to
5 defraud or obtain property.
6 817.034(4)(a)3. 3rd Engages in scheme to defraud
7 (Florida Communications Fraud
8 Act), property valued at less
9 than $20,000.
10 817.233 3rd Burning to defraud insurer.
11 817.234(8)&(9) 3rd Unlawful solicitation of persons
12 involved in motor vehicle
13 accidents.
14 817.234(11)(a) 3rd Insurance fraud; property value
15 less than $20,000.
16 817.413 3rd Sale of used motor vehicle goods
17 as new.
18 817.505(4) 3rd Patient brokering.
19 828.12(2) 3rd Tortures any animal with intent
20 to inflict intense pain, serious
21 physical injury, or death.
22 831.28(2)(a) 3rd Counterfeiting a payment
23 instrument with intent to defraud
24 or possessing a counterfeit
25 payment instrument.
26 831.29 2nd Possession of instruments for
27 counterfeiting drivers' licenses
28 or identification cards.
29 838.021(3)(b) 3rd Threatens unlawful harm to public
30 servant.
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1 843.19 3rd Injure, disable, or kill police
2 dog or horse.
3 860.15(3) 3rd Overcharging for motor vehicle
4 repairs or parts relating to an
5 insurance policy.
6 870.01(2) 3rd Riot; inciting or encouraging.
7 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
8 cannabis (or other s.
9 893.03(1)(c), (2)(c)1., (2)(c)2.,
10 (2)(c)3., (2)(c)5., (2)(c)6.,
11 (2)(c)7., (2)(c)8., (2)(c)9.,
12 (3), or (4) drugs).
13 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
14 893.03(1)(c), (2)(c)1., (2)(c)2.,
15 (2)(c)3., (2)(c)5., (2)(c)6.,
16 (2)(c)7., (2)(c)8., (2)(c)9.,
17 (3), or (4) drugs within 200 feet
18 of university or public park.
19 893.13(1)(f)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 public housing facility.
25 893.13(6)(a) 3rd Possession of any controlled
26 substance other than felony
27 possession of cannabis.
28 893.13(7)(a)8. 3rd Withhold information from
29 practitioner regarding previous
30 receipt of or prescription for a
31 controlled substance.
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1 893.13(7)(a)9. 3rd Obtain or attempt to obtain
2 controlled substance by fraud,
3 forgery, misrepresentation, etc.
4 893.13(7)(a)10. 3rd Affix false or forged label to
5 package of controlled substance.
6 893.13(7)(a)11. 3rd Furnish false or fraudulent
7 material information on any
8 document or record required by
9 chapter 893.
10 893.13(8)(a)1. 3rd Knowingly assist a patient, other
11 person, or owner of an animal in
12 obtaining a controlled substance
13 through deceptive, untrue, or
14 fraudulent representations in or
15 related to the practitioner's
16 practice.
17 893.13(8)(a)2. 3rd Employ a trick or scheme in the
18 practitioner's practice to assist
19 a patient, other person, or owner
20 of an animal in obtaining a
21 controlled substance.
22 893.13(8)(a)3. 3rd Knowingly write a prescription
23 for a controlled substance for a
24 fictitious person.
25 893.13(8)(a)4. 3rd Write a prescription for a
26 controlled substance for a
27 patient, other person, or an
28 animal if the sole purpose of
29 writing the prescription is a
30 monetary benefit for the
31 practitioner.
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1 918.13(1)(a) 3rd Alter, destroy, or conceal
2 investigation evidence.
3 944.47
4 (1)(a)1.-2. 3rd Introduce contraband to
5 correctional facility.
6 944.47(1)(c) 2nd Possess contraband while upon the
7 grounds of a correctional
8 institution.
9 985.3141 3rd Escapes from a juvenile facility
10 (secure detention or residential
11 commitment facility).
12 (e) LEVEL 5
13 316.027(1)(a) 3rd Accidents involving personal
14 injuries, failure to stop;
15 leaving scene.
16 316.1935(4) 2nd Aggravated fleeing or eluding.
17 322.34(6) 3rd Careless operation of motor
18 vehicle with suspended license,
19 resulting in death or serious
20 bodily injury.
21 327.30(5) 3rd Vessel accidents involving
22 personal injury; leaving scene.
23 381.0041
24 (11)(b) 3rd Donate blood, plasma, or organs
25 knowing HIV positive.
26 790.01(2) 3rd Carrying a concealed firearm.
27 790.162 2nd Threat to throw or discharge
28 destructive device.
29 790.163(1) 2nd False report of deadly explosive
30 or weapon of mass destruction.
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1 790.221(1) 2nd Possession of short-barreled
2 shotgun or machine gun.
3 790.23 2nd Felons in possession of firearms
4 or electronic weapons or devices.
5 800.04(6)(c) 3rd Lewd or lascivious conduct;
6 offender less than 18 years.
7 800.04(7)(c) 2nd Lewd or lascivious exhibition;
8 offender 18 years or older.
9 806.111(1) 3rd Possess, manufacture, or dispense
10 fire bomb with intent to damage
11 any structure or property.
12 812.0145(2)(b) 2nd Theft from person 65 years of age
13 or older; $10,000 or more but
14 less than $50,000.
15 812.015(8) 3rd Retail theft; property stolen is
16 valued at $300 or more and one or
17 more specified acts.
18 812.019(1) 2nd Stolen property; dealing in or
19 trafficking in.
20 812.131(2)(b) 3rd Robbery by sudden snatching.
21 812.16(2) 3rd Owning, operating, or conducting
22 a chop shop.
23 817.034(4)(a)2. 2nd Communications fraud, value
24 $20,000 to $50,000.
25 817.234(11)(b) 2nd Insurance fraud; property value
26 $20,000 or more but less than
27 $100,000.
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1 817.2341(1),
2 (2)(a), & (3)(a) 3rd Filing false financial
3 statements, making false entries
4 of material fact or false
5 statements regarding property
6 values relating to the solvency
7 of an insuring entity.
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 (g) LEVEL 7
13 316.193(3)(c)2. 3rd DUI resulting in serious bodily
14 injury.
15 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
16 bodily injury.
17 402.319(2) 2nd Misrepresentation and negligence
18 or intentional act resulting in
19 great bodily harm, permanent
20 disfiguration, permanent
21 disability, or death.
22 409.920(2) 3rd Medicaid provider fraud.
23 456.065(2) 3rd Practicing a health care
24 profession without a license.
25 456.065(2) 2nd Practicing a health care
26 profession without a license
27 which results in serious bodily
28 injury.
29 458.327(1) 3rd Practicing medicine without a
30 license.
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1 459.013(1) 3rd Practicing osteopathic medicine
2 without a license.
3 460.411(1) 3rd Practicing chiropractic medicine
4 without a license.
5 461.012(1) 3rd Practicing podiatric medicine
6 without a license.
7 462.17 3rd Practicing naturopathy without a
8 license.
9 463.015(1) 3rd Practicing optometry without a
10 license.
11 464.016(1) 3rd Practicing nursing without a
12 license.
13 465.015(2) 3rd Practicing pharmacy without a
14 license.
15 466.026(1) 3rd Practicing dentistry or dental
16 hygiene without a license.
17 467.201 3rd Practicing midwifery without a
18 license.
19 468.366 3rd Delivering respiratory care
20 services without a license.
21 483.828(1) 3rd Practicing as clinical laboratory
22 personnel without a license.
23 483.901(9) 3rd Practicing medical physics
24 without a license.
25 484.013(1)(c) 3rd Preparing or dispensing optical
26 devices without a prescription.
27 484.053 3rd Dispensing hearing aids without a
28 license.
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1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 560.123(8)(b)1. 3rd Failure to report currency or
8 payment instruments exceeding
9 $300 but less than $20,000 by
10 money transmitter.
11 560.125(5)(a) 3rd Money transmitter business by
12 unauthorized person, currency or
13 payment instruments exceeding
14 $300 but less than $20,000.
15 655.50(10)(b)1. 3rd Failure to report financial
16 transactions exceeding $300 but
17 less than $20,000 by financial
18 institution.
19 782.051(3) 2nd Attempted felony murder of a
20 person by a person other than the
21 perpetrator or the perpetrator of
22 an attempted felony.
23 782.07(1) 2nd Killing of a human being by the
24 act, procurement, or culpable
25 negligence of another
26 (manslaughter).
27 782.071 2nd Killing of human being or viable
28 fetus by the operation of a motor
29 vehicle in a reckless manner
30 (vehicular homicide).
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1 782.072 2nd Killing of a human being by the
2 operation of a vessel in a
3 reckless manner (vessel
4 homicide).
5 784.045(1)(a)1. 2nd Aggravated battery; intentionally
6 causing great bodily harm or
7 disfigurement.
8 784.045(1)(a)2. 2nd Aggravated battery; using deadly
9 weapon.
10 784.045(1)(b) 2nd Aggravated battery; perpetrator
11 aware victim pregnant.
12 784.048(4) 3rd Aggravated stalking; violation of
13 injunction or court order.
14 784.07(2)(d) 1st Aggravated battery on law
15 enforcement officer.
16 784.074(1)(a) 1st Aggravated battery on sexually
17 violent predators facility staff.
18 784.08(2)(a) 1st Aggravated battery on a person 65
19 years of age or older.
20 784.081(1) 1st Aggravated battery on specified
21 official or employee.
22 784.082(1) 1st Aggravated battery by detained
23 person on visitor or other
24 detainee.
25 784.083(1) 1st Aggravated battery on code
26 inspector.
27 790.07(4) 1st Specified weapons violation
28 subsequent to previous conviction
29 of s. 790.07(1) or (2).
30 790.16(1) 1st Discharge of a machine gun under
31 specified circumstances.
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1 790.165(2) 2nd Manufacture, sell, possess, or
2 deliver hoax bomb.
3 790.165(3) 2nd Possessing, displaying, or
4 threatening to use any hoax bomb
5 while committing or attempting to
6 commit a felony.
7 790.166(3) 2nd Possessing, selling, using, or
8 attempting to use a hoax weapon
9 of mass destruction.
10 790.166(4) 2nd Possessing, displaying, or
11 threatening to use a hoax weapon
12 of mass destruction while
13 committing or attempting to
14 commit a felony.
15 796.03 2nd Procuring any person under 16
16 years for prostitution.
17 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
18 victim less than 12 years of age;
19 offender less than 18 years.
20 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
21 victim 12 years of age or older
22 but less than 16 years; offender
23 18 years or older.
24 806.01(2) 2nd Maliciously damage structure by
25 fire or explosive.
26 810.02(3)(a) 2nd Burglary of occupied dwelling;
27 unarmed; no assault or battery.
28 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
29 unarmed; no assault or battery.
30 810.02(3)(d) 2nd Burglary of occupied conveyance;
31 unarmed; no assault or battery.
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1 812.014(2)(a) 1st Property stolen, valued at
2 $100,000 or more; cargo stolen
3 valued at $50,000 or more;
4 property stolen while causing
5 other property damage; 1st degree
6 grand theft.
7 812.014(2)(b)3. 2nd Property stolen, emergency
8 medical equipment; 2nd degree
9 grand theft.
10 812.0145(2)(a) 1st Theft from person 65 years of age
11 or older; $50,000 or more.
12 812.019(2) 1st Stolen property; initiates,
13 organizes, plans, etc., the theft
14 of property and traffics in
15 stolen property.
16 812.131(2)(a) 2nd Robbery by sudden snatching.
17 812.133(2)(b) 1st Carjacking; no firearm, deadly
18 weapon, or other weapon.
19 817.234(11)(c) 1st Insurance fraud; property value
20 $100,000 or more.
21 817.2341(2)(b)
22 & (3)(b) 1st Making false entries of material
23 fact or false statements
24 regarding property values
25 relating to the solvency of an
26 insuring entity which are a
27 significant cause of the
28 insolvency of that entity.
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1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.103(2)(b) 2nd Exploiting an elderly person or
6 disabled adult and property is
7 valued at $20,000 or more, but
8 less than $100,000.
9 827.03(3)(b) 2nd Neglect of a child causing great
10 bodily harm, disability, or
11 disfigurement.
12 827.04(3) 3rd Impregnation of a child under 16
13 years of age by person 21 years
14 of age or older.
15 837.05(2) 3rd Giving false information about
16 alleged capital felony to a law
17 enforcement officer.
18 872.06 2nd Abuse of a dead human body.
19 893.13(1)(c)1. 1st Sell, manufacture, or deliver
20 cocaine (or other drug prohibited
21 under s. 893.03(1)(a), (1)(b),
22 (1)(d), (2)(a), (2)(b), or
23 (2)(c)4.) within 1,000 feet of a
24 child care facility or school.
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1 893.13(1)(e)1. 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4., within 1,000 feet of
6 property used for religious
7 services or a specified business
8 site.
9 893.13(4)(a) 1st Deliver to minor cocaine (or
10 other s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4. drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 25 lbs., less than 2,000
15 lbs.
16 893.135
17 (1)(b)1.a. 1st Trafficking in cocaine, more than
18 28 grams, less than 200 grams.
19 893.135
20 (1)(c)1.a. 1st Trafficking in illegal drugs,
21 more than 4 grams, less than 14
22 grams.
23 893.135
24 (1)(d)1. 1st Trafficking in phencyclidine,
25 more than 28 grams, less than 200
26 grams.
27 893.135(1)(e)1. 1st Trafficking in methaqualone, more
28 than 200 grams, less than 5
29 kilograms.
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1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 893.135
5 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
6 grams or more, less than 14
7 grams.
8 893.135
9 (1)(h)1.a. 1st Trafficking in
10 gamma-hydroxybutyric acid (GHB),
11 1 kilogram or more, less than 5
12 kilograms.
13 893.135
14 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
15 kilogram or more, less than 5
16 kilograms.
17 893.135
18 (1)(k)2.a. 1st Trafficking in Phenethylamines,
19 10 grams or more, less than 200
20 grams.
21 896.101(5)(a) 3rd Money laundering, financial
22 transactions exceeding $300 but
23 less than $20,000.
24 896.104(4)(a)1. 3rd Structuring transactions to evade
25 reporting or registration
26 requirements, financial
27 transactions exceeding $300 but
28 less than $20,000.
29 Section 5. This act shall take effect July 1, 2003.
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Florida Senate - 2003 CS for SB 1694
311-2015-03
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1694
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4 The committee substitute provides that affiliated parties and
licensees who have been removed from participating in the
5 insurance industry must make restitution to all parties
damaged by their actions before they can again participate in
6 the insurance industry.
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