HB 0347 2003
1	A bill to be entitled
2	An act relating to sentencing; amending s. 921.0022, F.S.;
3	increasing the offense severity ranking for an accident
4	involving death, for failure to stop and for leaving the
5	scene; providing an effective date.
6
7	Be It Enacted by the Legislature of the State of Florida:
8
9	Section 1. Paragraphs (f) and (g) of subsection (3) of
10	section 921.0022, Florida Statutes, are amended to read:
11	921.0022 Criminal Punishment Code; offense severity
12	ranking chart.--
13	(3) OFFENSE SEVERITY RANKING CHART
14	FloridaStatute FelonyDegree Description
15	(f) LEVEL 6
16	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
17	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
18	775.0875(1) 3rd Taking firearm from law enforcement officer.
19	775.21(10) 3rd Sexual predators; failure to register; failure to renew driver's license or identification card.
20	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
21	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
22	784.041 3rd Felony battery.
23	784.048(3) 3rd Aggravated stalking; credible threat.
24	784.048(5) 3rd Aggravated stalking of person under 16.
25	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
26	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
27	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
28	784.081(2) 2nd Aggravated assault on specified official or employee.
29	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
30	784.083(2) 2nd Aggravated assault on code inspector.
31	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
32	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
33	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
34	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
35	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
36	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
37	794.05(1) 2nd Unlawful sexual activity with specified minor.
38	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
39	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
40	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
41	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
42	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
43	812.014(2)(b)2. 2nd Property stolen; cargo valued at less than $50,000, grand theft in 2nd degree.
44	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
45	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
46	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
47	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
48	825.102(1) 3rd Abuse of an elderly person or disabled adult.
49	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
50	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
51	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
52	827.03(1) 3rd Abuse of a child.
53	827.03(3)(c) 3rd Neglect of a child.
54	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
55	836.05 2nd Threats; extortion.
56	836.10 2nd Written threats to kill or do bodily injury.
57	843.12 3rd Aids or assists person to escape.
58	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
59	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
60	943.0435(9) 3rd Sex offenders; failure to comply with reporting requirements.
61	944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
62	944.40 2nd Escapes.
63	944.46 3rd Harboring, concealing, aiding escaped prisoners.
64	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
65	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
66	(g) LEVEL 7
67	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
68	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
69	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
70	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
71	409.920(2) 3rd Medicaid provider fraud.
72	456.065(2) 3rd Practicing a health care profession without a license.
73	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
74	458.327(1) 3rd Practicing medicine without a license.
75	459.013(1) 3rd Practicing osteopathic medicine without a license.
76	460.411(1) 3rd Practicing chiropractic medicine without a license.
77	461.012(1) 3rd Practicing podiatric medicine without a license.
78	462.17 3rd Practicing naturopathy without a license.
79	463.015(1) 3rd Practicing optometry without a license.
80	464.016(1) 3rd Practicing nursing without a license.
81	465.015(2) 3rd Practicing pharmacy without a license.
82	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
83	467.201 3rd Practicing midwifery without a license.
84	468.366 3rd Delivering respiratory care services without a license.
85	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
86	483.901(9) 3rd Practicing medical physics without a license.
87	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
88	484.053 3rd Dispensing hearing aids without a license.
89	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
90	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
91	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
92	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
93	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
94	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
95	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
96	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
97	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
98	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
99	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
100	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
101	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
102	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
103	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
104	784.081(1) 1st Aggravated battery on specified official or employee.
105	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
106	784.083(1) 1st Aggravated battery on code inspector.
107	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
108	790.16(1) 1st Discharge of a machine gun under specified circumstances.
109	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
110	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
111	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
112	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
113	796.03 2nd Procuring any person under 16 years for prostitution.
114	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
115	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
116	806.01(2) 2nd Maliciously damage structure by fire or explosive.
117	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
118	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
119	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
120	812.014(2)(a) 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
121	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
122	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
123	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
124	812.131(2)(a) 2nd Robbery by sudden snatching.
125	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
126	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
127	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
128	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
129	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
130	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
131	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
132	872.06 2nd Abuse of a dead human body.
133	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility or school.
134	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
135	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
136	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
137	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
138	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
139	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
140	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
141	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
142	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
143	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
144	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
145	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
146	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
147	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
148	Section 2. This act shall take effect July 1, 2003.
149