| HB 0707, Engrossed 1 |
2003 |
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A bill to be entitled |
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An act relating to homicide of an unborn quick child; |
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amending s. 316.193, F.S.; including the death of an |
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unborn quick child under DUI manslaughter; amending s. |
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782.071, F.S.; making the killing of an unborn quick child |
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rather than the killing of a viable fetus a "vehicular |
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homicide"; deleting a provision describing the viability |
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of a fetus; amending s. 782.09, F.S.; providing that |
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killing an unborn quick child by injury to the mother |
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which would be murder in any degree if it resulted in the |
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death of the mother is murder in the same degree; |
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providing penalties; providing that the unlawful killing |
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of an unborn quick child by injury to the mother which |
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would be manslaughter if it resulted in the death of the |
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mother is manslaughter; providing penalties; providing |
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that the death of the mother does not bar prosecution |
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under specified circumstances; providing that the section |
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does not authorize prosecution of a person in connection |
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with a termination of pregnancy; amending s. 921.0022, |
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F.S., relating to the Criminal Punishment Code offense |
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severity ranking chart; conforming provisions to changes |
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made by the act; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsection (3) of section 316.193, Florida |
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Statutes, is amended to read: |
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316.193 Driving under the influence; penalties.-- |
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(3) Any person: |
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(a) Who is in violation of subsection (1); |
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(b) Who operates a vehicle; and |
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(c) Who, by reason of such operation, causes or |
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contributes to causing: |
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1. Damage to the property or person of another commits a |
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misdemeanor of the first degree, punishable as provided in s. |
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775.082 or s. 775.083. |
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2. Serious bodily injury to another, as defined in s. |
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316.1933, commits a felony of the third degree, punishable as |
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provided in s. 775.082, s. 775.083, or s. 775.084. |
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3. The death of any human being or unborn quick child |
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commits DUI manslaughter, and commits: |
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a. A felony of the second degree, punishable as provided |
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in s. 775.082, s. 775.083, or s. 775.084. |
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b. A felony of the first degree, punishable as provided in |
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s. 775.082, s. 775.083, or s. 775.084, if: |
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(I) At the time of the crash, the person knew, or should |
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have known, that the crash occurred; and |
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(II) The person failed to give information and render aid |
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as required by s. 316.062. |
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Section 2. Section 782.071, Florida Statutes, is amended |
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to read: |
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782.071 Vehicular homicide.--"Vehicular homicide" is the |
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killing of a human being, or the killing of an unborn quick |
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childa viable fetusby any injury to the mother, caused by the |
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operation of a motor vehicle by another in a reckless manner |
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likely to cause the death of, or great bodily harm to, another. |
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(1) Vehicular homicide is: |
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(a) A felony of the second degree, punishable as provided |
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in s. 775.082, s. 775.083, or s. 775.084. |
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(b) A felony of the first degree, punishable as provided |
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in s. 775.082, s. 775.083, or s. 775.084, if: |
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1. At the time of the accident, the person knew, or should |
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have known, that the accident occurred; and |
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2. The person failed to give information and render aid as |
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required by s. 316.062. |
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This paragraph does not require that the person knew that the |
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accident resulted in injury or death. |
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(2) For purposes of this section, the term "unborn quick |
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child" means the unborn child of a pregnant woman which has |
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developed to the point of maturity at which its movements can be |
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felt in its mother, or at which the unborn child a fetus is |
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viable when it becomes capable of meaningful life outside the |
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womb through standard medical measures.
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(2)(3)A right of action for civil damages shall exist |
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under s. 768.19, under all circumstances, for all deaths |
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described in this section. |
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(3)(4)In addition to any other punishment, the court may |
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order the person to serve 120 community service hours in a |
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trauma center or hospital that regularly receives victims of |
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vehicle accidents, under the supervision of a registered nurse, |
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an emergency room physician, or an emergency medical technician |
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pursuant to a voluntary community service program operated by |
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the trauma center or hospital. |
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Section 3. Section 782.09, Florida Statutes, is amended to |
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read: |
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782.09 Killing of unborn quickchild by injury to |
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mother.-- |
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(1) The unlawfulwillfulkilling of an unborn quick child, |
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by any injury to the mother of such child which would be murder |
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if it resulted in the death of such mother, shall be deemed |
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murder in the same degree as that which would have been |
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committed against the mother. A person who unlawfully kills an |
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unborn quick child by any injury to the mother:
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(a) Which would be murder in the first degree if it |
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resulted in the mother's death commits murder in the first |
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degree, a capital felony, punishable as provided in s. 775.082.
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(b) Which would be murder in the second degree if it |
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resulted in the mother's death commits murder in the second |
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degree, a felony of the first degree, punishable as provided in |
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s. 775.082, s. 775.083, or s. 775.084.
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(c) Which would be murder in the third degree if it |
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resulted in the mother's death commits murder in the third |
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degreemanslaughter, a felony of the second degree, punishable |
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as provided in s. 775.082, s. 775.083, or s. 775.084. |
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(2) The unlawful killing of an unborn quick child by any |
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injury to the mother of such child which would be manslaughter |
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if it resulted in the death of such mother shall be deemed |
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manslaughter. A person who unlawfully kills an unborn quick |
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child by any injury to the mother which would be manslaughter if |
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it resulted in the mother's death commits manslaughter, a felony |
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of the second degree, punishable as provided in s. 775.082, s. |
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775.083, or s. 775.084.
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(3) The death of the mother resulting from the same act or |
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criminal episode that caused the death of the unborn quick child |
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shall not bar prosecution under this section.
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(4) This section does not authorize the prosecution of any |
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person in connection with a termination of pregnancy pursuant to |
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chapter 390.
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Section 4. Paragraph (g) of subsection (3) of section |
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921.0022, Florida Statutes, is amended to read: |
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921.0022 Criminal Punishment Code; offense severity |
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ranking chart.-- |
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(3) OFFENSE SEVERITY RANKING CHART |
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| FloridaStatute | FelonyDegree | Description |
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| 316.193(3)(c) 2. | 3rd | DUI resulting in serious bodily injury. |
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| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
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| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
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| 409.920(2) | 3rd | Medicaid provider fraud. |
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| 456.065(2) | 3rd | Practicing a health care profession without a license. |
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| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
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| 458.327(1) | 3rd | Practicing medicine without a license. |
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| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
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| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
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| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
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| 462.17 | 3rd | Practicing naturopathy without a license. |
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| 463.015(1) | 3rd | Practicing optometry without a license. |
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| 464.016(1) | 3rd | Practicing nursing without a license. |
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| 465.015(2) | 3rd | Practicing pharmacy without a license. |
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| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
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| 467.201 | 3rd | Practicing midwifery without a license. |
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| 468.366 | 3rd | Delivering respiratory care services without a license. |
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| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
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| 483.901(9) | 3rd | Practicing medical physics without a license. |
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| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
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| 484.053 | 3rd | Dispensing hearing aids without a license. |
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| 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. |
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| 560.123(8)(b) 1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
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| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
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| 655.50(10)(b) 1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
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| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
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| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
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| 782.071(1) | 2nd | Killing of human being or unborn quick childviable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
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| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
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| 784.045(1)(a) 1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
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| 784.045(1)(a) 2. | 2nd | Aggravated battery; using deadly weapon. |
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| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
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| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
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| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
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| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
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| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
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| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
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| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
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| 784.083(1) | 1st | Aggravated battery on code inspector. |
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| 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
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| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
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| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
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| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
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| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
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| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
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| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
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| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
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| 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. |
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| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
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| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
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| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
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| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
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| 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. |
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| 812.014(2)(b) 3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
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| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
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| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
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| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
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| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
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| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
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| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
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| 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. |
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| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
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| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
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| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
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| 872.06 | 2nd | Abuse of a dead human body. |
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| 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. |
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| 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. |
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| 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). |
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| 893.135(1)(a) 1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
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| 893.135(1)(b) 1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(c) 1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
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| 893.135(1)(d) 1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(e) 1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
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| 893.135(1)(f) 1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
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| 893.135(1)(g) 1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
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| 893.135(1)(h) 1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
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| 893.135(1)(j) 1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
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| 893.135(1)(k) 2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
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| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
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| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
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Section 5. This act shall take effect October 1, 2003, and |
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shall apply to offenses committed on or after that date. |
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