HB 0627 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Insurance recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to insurance fraud; providing a popular
12	name; amending s. 624.155, F.S.; providing for bringing an
13	action against an unauthorized insurer under certain
14	circumstances; amending s. 624.310, F.S.; making it
15	unlawful for certain affiliated parties to participate in
16	insurance business without authorization; providing a
17	criminal penalty; amending s. 624.401, F.S.; providing
18	criminal penalties for acting as an insurer without a
19	valid certificate; amending s. 626.989, F.S.; specifying
20	certain investigators as law enforcement officers;
21	creating s. 817.413, F.S.; making unlawful in sales of
22	motor vehicle goods misrepresentations of used or
23	repossessed goods as new or original; providing a criminal
24	penalty; amending s. 860.15, F.S.; providing a criminal
25	penalty for certain charges relating to services and parts
26	for motor vehicle repair; amending s. 921.0022, F.S.;
27	revising the offense severity ranking chart of the
28	Criminal Punishment Code, to conform; providing
29	severability; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1. This is the “Pete Orr Insurance Anti-Fraud
34	Act.”
35	Section 2. Section 624.155, Florida Statutes, is amended
36	to read:
37	624.155 Civil remedy.--
38	(1) Any person may bring a civil action against an insurer
39	when such person is damaged:
40	(a) By a violation of any of the following provisions by
41	the insurer:
42	1. Section 626.9541(1)(i), (o), or (x);
43	2. Section 626.9551;
44	3. Section 626.9705;
45	4. Section 626.9706;
46	5. Section 626.9707; or
47	6. Section 627.7283.
48	(b) By the commission of any of the following acts by the
49	insurer:
50	1. Not attempting in good faith to settle claims when,
51	under all the circumstances, it could and should have done so,
52	had it acted fairly and honestly toward its insured and with due
53	regard for her or his interests;
54	2. Making claims payments to insureds or beneficiaries not
55	accompanied by a statement setting forth the coverage under
56	which payments are being made; or
57	3. Except as to liability coverages, failing to promptly
58	settle claims, when the obligation to settle a claim has become
59	reasonably clear, under one portion of the insurance policy
60	coverage in order to influence settlements under other portions
61	of the insurance policy coverage.
62
63	Notwithstanding the provisions of the above to the contrary, a
64	person pursuing a remedy under this section need not prove that
65	such act was committed or performed with such frequency as to
66	indicate a general business practice.
67	(2) Any party may bring a civil action against an
68	unauthorized insurer if such party is damaged by a violation of
69	s. 624.401 by the unauthorized insurer.
70	(3)(2)(a) As a condition precedent to bringing an action
71	under this section, the department and the authorizedinsurer
72	must have been given 60 days' written notice of the violation.
73	If the department returns a notice for lack of specificity, the
74	60-day time period shall not begin until a proper notice is
75	filed.
76	(b) The notice shall be on a form provided by the
77	department and shall state with specificity the following
78	information, and such other information as the department may
79	require:
80	1. The statutory provision, including the specific
81	language of the statute, which the authorizedinsurer allegedly
82	violated.
83	2. The facts and circumstances giving rise to the
84	violation.
85	3. The name of any individual involved in the violation.
86	4. Reference to specific policy language that is relevant
87	to the violation, if any. If the person bringing the civil
88	action is a third party claimant, she or he shall not be
89	required to reference the specific policy language if the
90	authorizedinsurer has not provided a copy of the policy to the
91	third party claimant pursuant to written request.
92	5. A statement that the notice is given in order to
93	perfect the right to pursue the civil remedy authorized by this
94	section.
95	(c) Within 20 days of receipt of the notice, the
96	department may return any notice that does not provide the
97	specific information required by this section, and the
98	department shall indicate the specific deficiencies contained in
99	the notice. A determination by the department to return a notice
100	for lack of specificity shall be exempt from the requirements of
101	chapter 120.
102	(d) No action shall lie if, within 60 days after filing
103	notice, the damages are paid or the circumstances giving rise to
104	the violation are corrected.
105	(e) The authorizedinsurer that is the recipient of a
106	notice filed pursuant to this section shall report to the
107	department on the disposition of the alleged violation.
108	(f) The applicable statute of limitations for an action
109	under this section shall be tolled for a period of 65 days by
110	the mailing of the notice required by this subsection or the
111	mailing of a subsequent notice required by this subsection.
112	(4)(3)Upon adverse adjudication at trial or upon appeal,
113	the authorizedinsurer shall be liable for damages, together
114	with court costs and reasonable attorney's fees incurred by the
115	plaintiff.
116	(5)(4)No punitive damages shall be awarded under this
117	section unless the acts giving rise to the violation occur with
118	such frequency as to indicate a general business practice and
119	these acts are:
120	(a) Willful, wanton, and malicious;
121	(b) In reckless disregard for the rights of any insured;
122	or
123	(c) In reckless disregard for the rights of a beneficiary
124	under a life insurance contract.
125
126	Any person who pursues a claim under this subsection shall post
127	in advance the costs of discovery. Such costs shall be awarded
128	to the authorizedinsurer if no punitive damages are awarded to
129	the plaintiff.
130	(6)(5)This section shall not be construed to authorize a
131	class action suit against an authorizedinsurer or a civil
132	action against the department, its employees, or the Insurance
133	Commissioner, or to create a cause of action when an authorized
134	ahealth insurer refuses to pay a claim for reimbursement on the
135	ground that the charge for a service was unreasonably high or
136	that the service provided was not medically necessary.
137	(7)(6)In the absence of expressed language to the
138	contrary, this section shall not be construed to authorize a
139	civil action or create a cause of action against an authorized
140	insurer or its employees who, in good faith, release information
141	about an insured or an insurance policy to a law enforcement
142	agency in furtherance of an investigation of a criminal or
143	fraudulent act relating to a motor vehicle theft or a motor
144	vehicle insurance claim.
145	(8)(7)The civil remedy specified in this section does not
146	preempt any other remedy or cause of action provided for
147	pursuant to any other statute or pursuant to the common law of
148	this state. Any person may obtain a judgment under either the
149	common-law remedy of bad faith or this statutory remedy, but
150	shall not be entitled to a judgment under both remedies. This
151	section shall not be construed to create a common-law cause of
152	action. The damages recoverable pursuant to this section shall
153	include those damages which are a reasonably foreseeable result
154	of a specified violation of this section by the authorized
155	insurer and may include an award or judgment in an amount that
156	exceeds the policy limits.
157	Section 3. Subsection (8) is added to section 624.310,
158	Florida Statutes, to read:
159	624.310 Enforcement; cease and desist orders; removal of
160	certain persons; fines.--
161	(8) CRIMINAL ENFORCEMENT.--It is unlawful for any
162	affiliated party who is removed, restricted, or prohibited from
163	participation in the affairs of a licensee pursuant to this
164	section, or for any licensee whose rights or privileges under
165	such license have been suspended or revoked pursuant to the
166	Florida Insurance Code, to participate in any way in the
167	business of insurance until expressly authorized to do so by the
168	department. Any person who violates the provisions of this
169	subsection commits a felony of the third degree, punishable as
170	provided in s. 775.082, s. 775.083, or s. 775.084.
171	Section 4. Subsection (4) of section 624.401, Florida
172	Statutes, is amended to read:
173	624.401 Certificate of authority required.--
174	(4)(a)Any person who acts as an insurer, transacts
175	insurance, or otherwise engages in insurance activities in this
176	state without a certificate of authority in violation of this
177	section commits a felony of the third degree, punishable as
178	provided in s. 775.082, s. 775.083, or s. 775.084.
179	(b) However, any person acting as an insurer without a
180	valid certificate of authority who violates this section commits
181	insurance fraud, punishable as provided in this paragraph. If
182	the amount of any insurance premium collected with respect to
183	any violation of this section:
184	1. Is less than $20,000, the offender commits a felony of
185	the third degree, punishable as provided in s. 775.082,
186	s.775.083, or s.775.084. A person who is convicted of a
187	violation of this subparagraph shall be sentenced to a minimum
188	term of imprisonment of 1 year.
189	2. Is $20,000 or more, but less than $100,000, the
190	offender commits a felony of the second degree, punishable as
191	provided in s. 775.082, s. 775.083, or s. 775.084. A person who
192	is convicted of a violation of this subparagraph shall be
193	sentenced to a minimum term of imprisonment of 18 months.
194	3. Is $100,000 or more, the offender commits a felony of
195	the first degree, punishable as provided in s. 775.082, 775.083,
196	or s. 775.084. A person who is convicted of a violation of this
197	subparagraph shall be sentenced to a minimum term of
198	imprisonment of 2 years.
199	Section 5. Subsection (7) of section 626.989, Florida
200	Statutes, is amended to read:
201	626.989 Investigation by department or Division of
202	Insurance Fraud; compliance; immunity; confidential information;
203	reports to division; division investigator's power of arrest.--
204	(7) Division investigators shall have the power to make
205	arrests for criminal violations established as a result of
206	investigations only. The general laws applicable to arrests by
207	law enforcement officers of this state shall also be applicable
208	to such investigators. Such investigators shall also be
209	considered state law enforcement officers for all purposes and
210	shall have the power to execute arrest warrants and search
211	warrants for the same criminal violations; to serve subpoenas
212	issued for the examination, investigation, and trial of all
213	offenses determined by their investigations; and to arrest upon
214	probable cause without warrant any person found in the act of
215	violating any of the provisions of applicable laws.
216	Investigators empowered to make arrests under this section shall
217	be empowered to bear arms in the performance of their duties. In
218	such a situation, the investigator must be certified in
219	compliance with the provisions of s. 943.1395 or must meet the
220	temporary employment or appointment exemption requirements of s.
221	943.131 until certified.
222	Section 6. Section 817.413, Florida Statutes, is created
223	to read:
224	817.413 Sales of used motor vehicle goods as new;
225	penalty.--
226	(1) With respect to a transaction for which any charges
227	will be paid from the proceeds of a motor vehicle insurance
228	policy, and in which the purchase price of motor vehicle goods
229	exceeds $100, it is unlawful for the seller to knowingly
230	misrepresent orally, in writing, or by failure to speak, that
231	the goods are new or original when they are used or repossessed
232	or that they have been used for sales demonstration.
233	(2) A person who knowingly violates the provisions of this
234	section commits a felony of the third degree, punishable as
235	provided in s. 775.082, s. 775.083, or s. 775.084.
236	Section 7. Subsection (3) is added to section 860.15,
237	Florida Statutes, to read:
238	860.15 Overcharging for repairs and parts; penalty.--
239	(3) If the charges referred to in subsection (1) will be
240	paid from the proceeds of a motor vehicle insurance policy, a
241	person willfully violating the provisions of this section
242	commits a felony of the third degree, punishable as provided in
243	s. 775.082, s. 775.083, or s. 775.084.
244	Section 8. Paragraphs (c), (e) and (g) of subsection (3)
245	of section 921.0022, Florida Statutes, are amended to read:
246	921.0022 Criminal Punishment Code; offense severity
247	ranking chart.--
248	(3) OFFENSE SEVERITY RANKING CHART
249	FloridaStatute FelonyDegree Description
250	(c) LEVEL 3
251	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
252	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
253	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
254	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
255	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
256	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
257	327.35(2)(b) 3rd Felony BUI.
258	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
259	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
260	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
261	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
262	624.310(8) 3rd Unlawful participation in the insurance industry.
263	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
264	624.401(4)(b) 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
265	697.08 3rd Equity skimming.
266	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
267	796.05(1) 3rd Live on earnings of a prostitute.
268	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
269	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
270	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
271	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
272	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
273	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
274	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
275	817.233 3rd Burning to defraud insurer.
276	817.234(8)&(9) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
277	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
278	817.413(2) 3rd Overcharging for repairs and parts
279	817.505(4) 3rd Patient brokering.
280	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
281	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
282	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
283	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
284	843.19 3rd Injure, disable, or kill police dog or horse.
285	869.15(3) 3rd Overcharging for repairs and parts.
286	870.01(2) 3rd Riot; inciting or encouraging.
287	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
288	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 200 feet of university or public park.
289	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 200 feet of public housing facility.
290	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
291	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
292	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
293	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
294	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
295	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
296	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
297	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
298	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
299	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
300	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
301	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
302	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
303	(e) LEVEL 5
304	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
305	316.1935(4) 2nd Aggravated fleeing or eluding.
306	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
307	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
308	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
309	624.401(4)(b)2. 2nd Transacting insurance without a certificate of authority; premium collected $20,000 or more but less than $100,000.
310	790.01(2) 3rd Carrying a concealed firearm.
311	790.162 2nd Threat to throw or discharge destructive device.
312	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
313	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
314	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
315	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
316	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
317	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
318	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
319	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
320	812.019(1) 2nd Stolen property; dealing in or trafficking in.
321	812.131(2)(b) 3rd Robbery by sudden snatching.
322	812.16(2) 3rd Owning, operating, or conducting a chop shop.
323	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
324	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
325	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $75,000 or more.
326	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
327	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
328	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
329	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
330	843.01 3rd Resist officer with violence to person; resist arrest with violence.
331	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
332	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
333	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility or school.
334	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of university or public park.
335	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
336	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of public housing facility.
337	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
338	(g) LEVEL 7
339	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
340	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
341	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
342	409.920(2) 3rd Medicaid provider fraud.
343	456.065(2) 3rd Practicing a health care profession without a license.
344	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
345	458.327(1) 3rd Practicing medicine without a license.
346	459.013(1) 3rd Practicing osteopathic medicine without a license.
347	460.411(1) 3rd Practicing chiropractic medicine without a license.
348	461.012(1) 3rd Practicing podiatric medicine without a license.
349	462.17 3rd Practicing naturopathy without a license.
350	463.015(1) 3rd Practicing optometry without a license.
351	464.016(1) 3rd Practicing nursing without a license.
352	465.015(2) 3rd Practicing pharmacy without a license.
353	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
354	467.201 3rd Practicing midwifery without a license.
355	468.366 3rd Delivering respiratory care services without a license.
356	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
357	483.901(9) 3rd Practicing medical physics without a license.
358	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
359	484.053 3rd Dispensing hearing aids without a license.
360	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.
361	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
362	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
363	624.401(4)(b)3. 3rd Transacting insurance without a certificate of authority; premium collected $100,000 or more.
364	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
365	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
366	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
367	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
368	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
369	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
370	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
371	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
372	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
373	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
374	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
375	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
376	784.081(1) 1st Aggravated battery on specified official or employee.
377	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
378	784.083(1) 1st Aggravated battery on code inspector.
379	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
380	790.16(1) 1st Discharge of a machine gun under specified circumstances.
381	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
382	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
383	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
384	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
385	796.03 2nd Procuring any person under 16 years for prostitution.
386	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
387	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.
388	806.01(2) 2nd Maliciously damage structure by fire or explosive.
389	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
390	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
391	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
392	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.
393	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
394	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
395	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
396	812.131(2)(a) 2nd Robbery by sudden snatching.
397	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
398	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
399	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
400	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.
401	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
402	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
403	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
404	872.06 2nd Abuse of a dead human body.
405	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.
406	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.
407	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).
408	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
409	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
410	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
411	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
412	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
413	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
414	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
415	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
416	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
417	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
418	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
419	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
420	Section 9. If any provision of this act or the application
421	thereof to any person or circumstance is held invalid, the
422	invalidity does not affect other provisions or applications of
423	the act which can be given effect without the invalid provision
424	or application, and to this end the provisions of this act are
425	declared severable.
426	Section 10. This act shall take effect July 1, 2003.