Senate Bill sb2336

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    Florida Senate - 2003                                  SB 2336

    By Senator Lynn





    7-1072-03

  1                      A bill to be entitled

  2         An act relating to cargo theft; reenacting s.

  3         812.014(1) and (2), F.S., relating to theft;

  4         amending s. 921.0022, F.S.; reclassifying the

  5         offenses of cargo theft of the first degree and

  6         cargo theft of the second degree under the

  7         offense severity ranking chart of the Criminal

  8         Punishment Code to increase the penalties

  9         imposed for any such offense; providing an

10         effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Subsections (1) and (2) of section 812.014,

15  Florida Statutes, are reenacted to read:

16         812.014  Theft.--

17         (1)  A person commits theft if he or she knowingly

18  obtains or uses, or endeavors to obtain or to use, the

19  property of another with intent to, either temporarily or

20  permanently:

21         (a)  Deprive the other person of a right to the

22  property or a benefit from the property.

23         (b)  Appropriate the property to his or her own use or

24  to the use of any person not entitled to the use of the

25  property.

26         (2)(a)1.  If the property stolen is valued at $100,000

27  or more; or

28         2.  If the property stolen is cargo valued at $50,000

29  or more that has entered the stream of interstate or

30  intrastate commerce from the shipper's loading platform to the

31  consignee's receiving dock; or

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    Florida Senate - 2003                                  SB 2336
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 1         3.  If the offender commits any grand theft and:

 2         a.  In the course of committing the offense the

 3  offender uses a motor vehicle as an instrumentality, other

 4  than merely as a getaway vehicle, to assist in committing the

 5  offense and thereby damages the real property of another; or

 6         b.  In the course of committing the offense the

 7  offender causes damage to the real or personal property of

 8  another in excess of $1,000,

 9  

10  the offender commits grand theft in the first degree,

11  punishable as a felony of the first degree, as provided in s.

12  775.082, s. 775.083, or s. 775.084.

13         (b)1.  If the property stolen is valued at $20,000 or

14  more, but less than $100,000;

15         2.  The property stolen is cargo valued at less than

16  $50,000 that has entered the stream of interstate or

17  intrastate commerce from the shipper's loading platform to the

18  consignee's receiving dock; or

19         3.  The property stolen is emergency medical equipment,

20  valued at $300 or more, that is taken from a facility licensed

21  under chapter 395 or from an aircraft or vehicle permitted

22  under chapter 401,

23  

24  the offender commits grand theft in the second degree,

25  punishable as a felony of the second degree, as provided in s.

26  775.082, s. 775.083, or s. 775.084. Emergency medical

27  equipment means mechanical or electronic apparatus used to

28  provide emergency services and care as defined in s.

29  395.002(10) or to treat medical emergencies.

30  

31  

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 1         (c)  It is grand theft of the third degree and a felony

 2  of the third degree, punishable as provided in s. 775.082, s.

 3  775.083, or s. 775.084, if the property stolen is:

 4         1.  Valued at $300 or more, but less than $5,000.

 5         2.  Valued at $5,000 or more, but less than $10,000.

 6         3.  Valued at $10,000 or more, but less than $20,000.

 7         4.  A will, codicil, or other testamentary instrument.

 8         5.  A firearm.

 9         6.  A motor vehicle, except as provided in paragraph

10  (2)(a).

11         7.  Any commercially farmed animal, including any

12  animal of the equine, bovine, or swine class, or other grazing

13  animal, and including aquaculture species raised at a

14  certified aquaculture facility.  If the property stolen is

15  aquaculture species raised at a certified aquaculture

16  facility, then a $10,000 fine shall be imposed.

17         8.  Any fire extinguisher.

18         9.  Any amount of citrus fruit consisting of 2,000 or

19  more individual pieces of fruit.

20         10.  Taken from a designated construction site

21  identified by the posting of a sign as provided for in s.

22  810.09(2)(d).

23         11.  Any stop sign.

24         (d)  It is grand theft of the third degree and a felony

25  of the third degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084, if the property stolen is valued at

27  $100 or more, but less than $300, and is taken from a dwelling

28  as defined in s. 810.011(2) or from the unenclosed curtilage

29  of a dwelling pursuant to s. 810.09(1).

30         (e)  Except as provided in paragraph (d), if the

31  property stolen is valued at $100 or more, but less than $300,

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 1  the offender commits petit theft of the first degree,

 2  punishable as a misdemeanor of the first degree, as provided

 3  in s. 775.082 or s. 775.083.

 4         Section 2.  Paragraphs (f), (g), and (h) of subsection

 5  (3) of section 921.0022, Florida Statutes, are amended to

 6  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

13  

14                              

15                              (f)  LEVEL 6

16  316.027(1)(b)      2nd      Accident involving death, failure

17                              to stop; leaving scene.

18  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

19                              conviction.

20  775.0875(1)        3rd      Taking firearm from law

21                              enforcement officer.

22  775.21(10)         3rd      Sexual predators; failure to

23                              register; failure to renew

24                              driver's license or

25                              identification card.

26  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

27                              without intent to kill.

28  784.021(1)(b)      3rd      Aggravated assault; intent to

29                              commit felony.

30  784.041            3rd      Felony battery.

31  

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 1  784.048(3)         3rd      Aggravated stalking; credible

 2                              threat.

 3  784.048(5)         3rd      Aggravated stalking of person

 4                              under 16.

 5  784.07(2)(c)       2nd      Aggravated assault on law

 6                              enforcement officer.

 7  784.074(1)(b)      2nd      Aggravated assault on sexually

 8                              violent predators facility staff.

 9  784.08(2)(b)       2nd      Aggravated assault on a person 65

10                              years of age or older.

11  784.081(2)         2nd      Aggravated assault on specified

12                              official or employee.

13  784.082(2)         2nd      Aggravated assault by detained

14                              person on visitor or other

15                              detainee.

16  784.083(2)         2nd      Aggravated assault on code

17                              inspector.

18  787.02(2)          3rd      False imprisonment; restraining

19                              with purpose other than those in

20                              s. 787.01.

21  790.115(2)(d)      2nd      Discharging firearm or weapon on

22                              school property.

23  790.161(2)         2nd      Make, possess, or throw

24                              destructive device with intent to

25                              do bodily harm or damage

26                              property.

27  790.164(1)         2nd      False report of deadly explosive,

28                              weapon of mass destruction, or

29                              act of arson or violence to state

30                              property.

31  

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 1  790.19             2nd      Shooting or throwing deadly

 2                              missiles into dwellings, vessels,

 3                              or vehicles.

 4  794.011(8)(a)      3rd      Solicitation of minor to

 5                              participate in sexual activity by

 6                              custodial adult.

 7  794.05(1)          2nd      Unlawful sexual activity with

 8                              specified minor.

 9  800.04(5)(d)       3rd      Lewd or lascivious molestation;

10                              victim 12 years of age or older

11                              but less than 16 years; offender

12                              less than 18 years.

13  800.04(6)(b)       2nd      Lewd or lascivious conduct;

14                              offender 18 years of age or

15                              older.

16  806.031(2)         2nd      Arson resulting in great bodily

17                              harm to firefighter or any other

18                              person.

19  810.02(3)(c)       2nd      Burglary of occupied structure;

20                              unarmed; no assault or battery.

21  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

22                              but less than $100,000, grand

23                              theft in 2nd degree.

24  812.014(2)(b)2.    2nd      Property stolen; cargo valued at

25                              less than $50,000, grand theft in

26                              2nd degree.

27  812.015(9)         2nd      Retail theft; property stolen

28                              $300 or more; second or

29                              subsequent conviction.

30  812.13(2)(c)       2nd      Robbery, no firearm or other

31                              weapon (strong-arm robbery).

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 1  817.034(4)(a)1.    1st      Communications fraud, value

 2                              greater than $50,000.

 3  817.4821(5)        2nd      Possess cloning paraphernalia

 4                              with intent to create cloned

 5                              cellular telephones.

 6  825.102(1)         3rd      Abuse of an elderly person or

 7                              disabled adult.

 8  825.102(3)(c)      3rd      Neglect of an elderly person or

 9                              disabled adult.

10  825.1025(3)        3rd      Lewd or lascivious molestation of

11                              an elderly person or disabled

12                              adult.

13  825.103(2)(c)      3rd      Exploiting an elderly person or

14                              disabled adult and property is

15                              valued at less than $20,000.

16  827.03(1)          3rd      Abuse of a child.

17  827.03(3)(c)       3rd      Neglect of a child.

18  827.071(2)&(3)     2nd      Use or induce a child in a sexual

19                              performance, or promote or direct

20                              such performance.

21  836.05             2nd      Threats; extortion.

22  836.10             2nd      Written threats to kill or do

23                              bodily injury.

24  843.12             3rd      Aids or assists person to escape.

25  847.0135(3)        3rd      Solicitation of a child, via a

26                              computer service, to commit an

27                              unlawful sex act.

28  914.23             2nd      Retaliation against a witness,

29                              victim, or informant, with bodily

30                              injury.

31  

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 1  943.0435(9)        3rd      Sex offenders; failure to comply

 2                              with reporting requirements.

 3  944.35(3)(a)2.     3rd      Committing malicious battery upon

 4                              or inflicting cruel or inhuman

 5                              treatment on an inmate or

 6                              offender on community

 7                              supervision, resulting in great

 8                              bodily harm.

 9  944.40             2nd      Escapes.

10  944.46             3rd      Harboring, concealing, aiding

11                              escaped prisoners.

12  944.47(1)(a)5.     2nd      Introduction of contraband

13                              (firearm, weapon, or explosive)

14                              into correctional facility.

15  951.22(1)          3rd      Intoxicating drug, firearm, or

16                              weapon introduced into county

17                              facility.

18                              (g)  LEVEL 7

19  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

20                              injury.

21  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

22                              bodily injury.

23  402.319(2)         2nd      Misrepresentation and negligence

24                              or intentional act resulting in

25                              great bodily harm, permanent

26                              disfiguration, permanent

27                              disability, or death.

28  409.920(2)         3rd      Medicaid provider fraud.

29  456.065(2)         3rd      Practicing a health care

30                              profession without a license.

31  

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 1  456.065(2)         2nd      Practicing a health care

 2                              profession without a license

 3                              which results in serious bodily

 4                              injury.

 5  458.327(1)         3rd      Practicing medicine without a

 6                              license.

 7  459.013(1)         3rd      Practicing osteopathic medicine

 8                              without a license.

 9  460.411(1)         3rd      Practicing chiropractic medicine

10                              without a license.

11  461.012(1)         3rd      Practicing podiatric medicine

12                              without a license.

13  462.17             3rd      Practicing naturopathy without a

14                              license.

15  463.015(1)         3rd      Practicing optometry without a

16                              license.

17  464.016(1)         3rd      Practicing nursing without a

18                              license.

19  465.015(2)         3rd      Practicing pharmacy without a

20                              license.

21  466.026(1)         3rd      Practicing dentistry or dental

22                              hygiene without a license.

23  467.201            3rd      Practicing midwifery without a

24                              license.

25  468.366            3rd      Delivering respiratory care

26                              services without a license.

27  483.828(1)         3rd      Practicing as clinical laboratory

28                              personnel without a license.

29  483.901(9)         3rd      Practicing medical physics

30                              without a license.

31  

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 1  484.013(1)(c)      3rd      Preparing or dispensing optical

 2                              devices without a prescription.

 3  484.053            3rd      Dispensing hearing aids without a

 4                              license.

 5  494.0018(2)        1st      Conviction of any violation of

 6                              ss. 494.001-494.0077 in which the

 7                              total money and property

 8                              unlawfully obtained exceeded

 9                              $50,000 and there were five or

10                              more victims.

11  560.123(8)(b)1.    3rd      Failure to report currency or

12                              payment instruments exceeding

13                              $300 but less than $20,000 by

14                              money transmitter.

15  560.125(5)(a)      3rd      Money transmitter business by

16                              unauthorized person, currency or

17                              payment instruments exceeding

18                              $300 but less than $20,000.

19  655.50(10)(b)1.    3rd      Failure to report financial

20                              transactions exceeding $300 but

21                              less than $20,000 by financial

22                              institution.

23  782.051(3)         2nd      Attempted felony murder of a

24                              person by a person other than the

25                              perpetrator or the perpetrator of

26                              an attempted felony.

27  782.07(1)          2nd      Killing of a human being by the

28                              act, procurement, or culpable

29                              negligence of another

30                              (manslaughter).

31  

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 1  782.071            2nd      Killing of human being or viable

 2                              fetus by the operation of a motor

 3                              vehicle in a reckless manner

 4                              (vehicular homicide).

 5  782.072            2nd      Killing of a human being by the

 6                              operation of a vessel in a

 7                              reckless manner (vessel

 8                              homicide).

 9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

10                              causing great bodily harm or

11                              disfigurement.

12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

13                              weapon.

14  784.045(1)(b)      2nd      Aggravated battery; perpetrator

15                              aware victim pregnant.

16  784.048(4)         3rd      Aggravated stalking; violation of

17                              injunction or court order.

18  784.07(2)(d)       1st      Aggravated battery on law

19                              enforcement officer.

20  784.074(1)(a)      1st      Aggravated battery on sexually

21                              violent predators facility staff.

22  784.08(2)(a)       1st      Aggravated battery on a person 65

23                              years of age or older.

24  784.081(1)         1st      Aggravated battery on specified

25                              official or employee.

26  784.082(1)         1st      Aggravated battery by detained

27                              person on visitor or other

28                              detainee.

29  784.083(1)         1st      Aggravated battery on code

30                              inspector.

31  

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 1  790.07(4)          1st      Specified weapons violation

 2                              subsequent to previous conviction

 3                              of s. 790.07(1) or (2).

 4  790.16(1)          1st      Discharge of a machine gun under

 5                              specified circumstances.

 6  790.165(2)         2nd      Manufacture, sell, possess, or

 7                              deliver hoax bomb.

 8  790.165(3)         2nd      Possessing, displaying, or

 9                              threatening to use any hoax bomb

10                              while committing or attempting to

11                              commit a felony.

12  790.166(3)         2nd      Possessing, selling, using, or

13                              attempting to use a hoax weapon

14                              of mass destruction.

15  790.166(4)         2nd      Possessing, displaying, or

16                              threatening to use a hoax weapon

17                              of mass destruction while

18                              committing or attempting to

19                              commit a felony.

20  796.03             2nd      Procuring any person under 16

21                              years for prostitution.

22  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

23                              victim less than 12 years of age;

24                              offender less than 18 years.

25  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

26                              victim 12 years of age or older

27                              but less than 16 years; offender

28                              18 years or older.

29  806.01(2)          2nd      Maliciously damage structure by

30                              fire or explosive.

31  

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 1  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 2                              unarmed; no assault or battery.

 3  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

 4                              unarmed; no assault or battery.

 5  810.02(3)(d)       2nd      Burglary of occupied conveyance;

 6                              unarmed; no assault or battery.

 7  812.014(2)(a)1.    1st      Property stolen, valued at

 8                              $100,000 or more; cargo stolen

 9                              valued at $50,000 or more;

10                              property stolen while causing

11                              other property damage; 1st degree

12                              grand theft.

13  812.014(2)(b)2.    2nd      Property stolen, cargo valued at

14                              less than $50,000, grand theft in

15                              2nd degree.

16  812.014(2)(b)3.    2nd      Property stolen, emergency

17                              medical equipment; 2nd degree

18                              grand theft.

19  812.0145(2)(a)     1st      Theft from person 65 years of age

20                              or older; $50,000 or more.

21  812.019(2)         1st      Stolen property; initiates,

22                              organizes, plans, etc., the theft

23                              of property and traffics in

24                              stolen property.

25  812.131(2)(a)      2nd      Robbery by sudden snatching.

26  812.133(2)(b)      1st      Carjacking; no firearm, deadly

27                              weapon, or other weapon.

28  817.234(11)(c)     1st      Insurance fraud; property value

29                              $100,000 or more.

30  

31  

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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.

25  

26  

27  

28  

29  

30  

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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.

30  

31  

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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                              (h)  LEVEL 8

30  316.193

31   (3)(c)3.a.        2nd      DUI manslaughter.

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 1  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

 2  560.123(8)(b)2.    2nd      Failure to report currency or

 3                              payment instruments totaling or

 4                              exceeding $20,000, but less than

 5                              $100,000 by money transmitter.

 6  560.125(5)(b)      2nd      Money transmitter business by

 7                              unauthorized person, currency or

 8                              payment instruments totaling or

 9                              exceeding $20,000, but less than

10                              $100,000.

11  655.50(10)(b)2.    2nd      Failure to report financial

12                              transactions totaling or

13                              exceeding $20,000, but less than

14                              $100,000 by financial

15                              institutions.

16  777.03(2)(a)       1st      Accessory after the fact, capital

17                              felony.

18  782.04(4)          2nd      Killing of human without design

19                              when engaged in act or attempt of

20                              any felony other than arson,

21                              sexual battery, robbery,

22                              burglary, kidnapping, aircraft

23                              piracy, or unlawfully discharging

24                              bomb.

25  782.051(2)         1st      Attempted felony murder while

26                              perpetrating or attempting to

27                              perpetrate a felony not

28                              enumerated in s. 782.04(3).

29  782.071(1)(b)      1st      Committing vehicular homicide and

30                              failing to render aid or give

31                              information.

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 1  782.072(2)         1st      Committing vessel homicide and

 2                              failing to render aid or give

 3                              information.

 4  790.161(3)         1st      Discharging a destructive device

 5                              which results in bodily harm or

 6                              property damage.

 7  794.011(5)         2nd      Sexual battery, victim 12 years

 8                              or over, offender does not use

 9                              physical force likely to cause

10                              serious injury.

11  800.04(4)          2nd      Lewd or lascivious battery.

12  806.01(1)          1st      Maliciously damage dwelling or

13                              structure by fire or explosive,

14                              believing person in structure.

15  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

16  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

17                              or dangerous weapon.

18  810.02(2)(c)       1st      Burglary of a dwelling or

19                              structure causing structural

20                              damage or $1,000 or more property

21                              damage.

22  812.014(2)(a)2.    1st      Property stolen; cargo valued at

23                              $50,000 or more, grand theft in

24                              1st degree.

25  812.13(2)(b)       1st      Robbery with a weapon.

26  812.135(2)         1st      Home-invasion robbery.

27  825.102(2)         2nd      Aggravated abuse of an elderly

28                              person or disabled adult.

29  825.1025(2)        2nd      Lewd or lascivious battery upon

30                              an elderly person or disabled

31                              adult.

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    Florida Senate - 2003                                  SB 2336
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 1  825.103(2)(a)      1st      Exploiting an elderly person or

 2                              disabled adult and property is

 3                              valued at $100,000 or more.

 4  837.02(2)          2nd      Perjury in official proceedings

 5                              relating to prosecution of a

 6                              capital felony.

 7  837.021(2)         2nd      Making contradictory statements

 8                              in official proceedings relating

 9                              to prosecution of a capital

10                              felony.

11  860.121(2)(c)      1st      Shooting at or throwing any

12                              object in path of railroad

13                              vehicle resulting in great bodily

14                              harm.

15  860.16             1st      Aircraft piracy.

16  893.13(1)(b)       1st      Sell or deliver in excess of 10

17                              grams of any substance specified

18                              in s. 893.03(1)(a) or (b).

19  893.13(2)(b)       1st      Purchase in excess of 10 grams of

20                              any substance specified in s.

21                              893.03(1)(a) or (b).

22  893.13(6)(c)       1st      Possess in excess of 10 grams of

23                              any substance specified in s.

24                              893.03(1)(a) or (b).

25  893.135(1)(a)2.    1st      Trafficking in cannabis, more

26                              than 2,000 lbs., less than 10,000

27                              lbs.

28  893.135

29   (1)(b)1.b.        1st      Trafficking in cocaine, more than

30                              200 grams, less than 400 grams.

31  

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 1  893.135

 2   (1)(c)1.b.        1st      Trafficking in illegal drugs,

 3                              more than 14 grams, less than 28

 4                              grams.

 5  893.135

 6   (1)(d)1.b.        1st      Trafficking in phencyclidine,

 7                              more than 200 grams, less than

 8                              400 grams.

 9  893.135

10   (1)(e)1.b.        1st      Trafficking in methaqualone, more

11                              than 5 kilograms, less than 25

12                              kilograms.

13  893.135

14   (1)(f)1.b.        1st      Trafficking in amphetamine, more

15                              than 28 grams, less than 200

16                              grams.

17  893.135

18   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

19                              grams or more, less than 28

20                              grams.

21  893.135

22   (1)(h)1.b.        1st      Trafficking in

23                              gamma-hydroxybutyric acid (GHB),

24                              5 kilograms or more, less than 10

25                              kilograms.

26  893.135

27   (1)(j)1.b.        1st      Trafficking in 1,4-Butanediol, 5

28                              kilograms or more, less than 10

29                              kilograms.

30  

31  

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 1  893.135

 2   (1)(k)2.b.        1st      Trafficking in Phenethylamines,

 3                              200 grams or more, less than 400

 4                              grams.

 5  895.03(1)          1st      Use or invest proceeds derived

 6                              from pattern of racketeering

 7                              activity.

 8  895.03(2)          1st      Acquire or maintain through

 9                              racketeering activity any

10                              interest in or control of any

11                              enterprise or real property.

12  895.03(3)          1st      Conduct or participate in any

13                              enterprise through pattern of

14                              racketeering activity.

15  896.101(5)(b)      2nd      Money laundering, financial

16                              transactions totaling or

17                              exceeding $20,000, but less than

18                              $100,000.

19  896.104(4)(a)2.    2nd      Structuring transactions to evade

20                              reporting or registration

21                              requirements, financial

22                              transactions totaling or

23                              exceeding $20,000 but less than

24                              $100,000.

25         Section 3.  This act shall take effect July 1, 2003.

26  

27            *****************************************

28                          SENATE SUMMARY

29    Revises the offense severity ranking chart of the
      Criminal Punishment Code to reclassify the offense of
30    cargo theft of the first degree from a level 7 offense to
      a level 8 offense and to reclassify the offense of cargo
31    theft of the second degree from a level 6 offense to a
      level 7 offense.
                                  21

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