Senate Bill sb1322
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Florida Senate - 2004 SB 1322
By Senator Lynn
7-678-04 See HB 295
1 A bill to be entitled
2 An act relating to fleeing or attempting to
3 elude a law enforcement officer; amending s.
4 316.1935, F.S.; providing an additional
5 classification for the offense of fleeing or
6 attempting to elude a law enforcement officer;
7 providing an additional classification for the
8 offense of aggravated fleeing or eluding;
9 providing and revising elements of the
10 offenses; providing and revising criminal
11 penalties for the offenses of fleeing or
12 attempting to elude a law enforcement officer
13 and aggravated fleeing or eluding with serious
14 bodily injury or death; providing for a minimum
15 period of incarceration in certain
16 circumstances involving serious bodily injury
17 or death; providing an affirmative defense to
18 fleeing or attempting to elude a law
19 enforcement office under certain circumstances;
20 prohibiting courts from suspending, deferring,
21 or withholding adjudication of guilt or
22 imposition of sentence in certain
23 circumstances; providing for seizure and
24 forfeiture of certain motor vehicles as
25 contraband in certain circumstances; amending
26 s. 921.0022, F.S.; ranking and revising the
27 offense classifications of fleeing or
28 attempting to elude a law enforcement officer
29 on the offense severity ranking chart of the
30 Criminal Punishment Code; ranking the offense
31 of aggravated fleeing or eluding with serious
1
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 bodily injury or death on the offense severity
2 ranking chart of the Criminal Punishment Code;
3 reenacting ss. 318.17(1) and 322.61(1)(d),
4 F.S.; incorporating the amendment to s.
5 316.1935, F.S., in references thereto;
6 providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 316.1935, Florida Statutes, is
11 amended to read:
12 316.1935 Fleeing or attempting to elude a law
13 enforcement officer; aggravated fleeing or and eluding.--
14 (1) It is unlawful for the operator of any vehicle,
15 having knowledge that he or she has been ordered to stop such
16 vehicle by a duly authorized law enforcement officer,
17 willfully to refuse or fail to stop the vehicle in compliance
18 with such order or, having stopped in knowing compliance with
19 such order, willfully to flee in an attempt to elude the
20 officer, and a person who violates this subsection commits a
21 felony misdemeanor of the third first degree, punishable as
22 provided in s. 775.082, or s. 775.083, or s. 775.084.
23 (2) Any person who willfully flees or attempts to
24 elude a law enforcement officer in an authorized law
25 enforcement patrol vehicle, with or without agency insignia
26 and other jurisdictional markings prominently displayed on the
27 vehicle, with siren and lights activated commits a felony of
28 the third degree, punishable as provided in s. 775.082, s.
29 775.083, or s. 775.084. It is an affirmative defense to a
30 prosecution under this subsection that a person, having been
31 ordered to stop his or her vehicle by a law enforcement
2
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 officer in an authorized law enforcement patrol vehicle with
2 lights and sirens activated, but without agency insignia or
3 other jurisdictional markings prominently displayed on the
4 vehicle, proceeded in a safe and lawful manner to a well-lit
5 or populated area prior to stopping his or her vehicle.
6 (3) Any person who willfully flees or attempts to
7 elude a law enforcement officer in an authorized law
8 enforcement patrol vehicle, with or without agency insignia
9 and other jurisdictional markings prominently displayed on the
10 vehicle, with siren and lights activated, and during the
11 course of the fleeing or attempted eluding:
12 (a) Drives at high speed, or in any manner which
13 demonstrates a wanton disregard for the safety of persons or
14 property, commits a felony of the second degree, punishable as
15 provided in s. 775.082, s. 775.083, or s. 775.084.
16 (b) Drives at high speed, or in any manner which
17 demonstrates a wanton disregard for the safety of persons or
18 property, and causes serious bodily injury or death to another
19 person, including any law enforcement officer involved in
20 pursuing or otherwise attempting to effect a stop of the
21 person's vehicle, commits a felony of the first degree,
22 punishable as provided in s. 775.082, s. 775.083, or s.
23 775.084. Notwithstanding any other provision of law, the court
24 shall sentence any person convicted of committing the offense
25 described in this paragraph to a mandatory minimum sentence of
26 3 years' imprisonment. Nothing in this paragraph shall prevent
27 a court from imposing a greater sentence of incarceration as
28 authorized by law.
29 (4) Any person who, in the course of unlawfully
30 leaving or attempting to leave the scene of a crash in
31
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 violation of s. 316.027 or s. 316.061, having knowledge of an
2 order to stop by a duly authorized law enforcement officer,:
3 (a) willfully refuses or fails to stop in compliance
4 with such an order, or having stopped in knowing compliance
5 with such order, willfully flees in an attempt to elude such
6 officer; and, (b) as a result of such fleeing or eluding:,
7 (a) Causes injury to another person or causes damage
8 to any property belonging to another person, commits
9 aggravated fleeing or eluding, a felony of the second degree,
10 punishable as provided in s. 775.082, s. 775.083, or s.
11 775.084.
12 (b) Causes serious bodily injury or death to another
13 person, including any law enforcement officer involved in
14 pursuing or otherwise attempting to effect a stop of the
15 person's vehicle, commits aggravated fleeing or eluding with
16 serious bodily injury or death, a felony of the first degree,
17 punishable as provided in s. 775.082, s. 775.083, or s.
18 775.084.
19
20 The felony of aggravated fleeing or eluding and the felony of
21 aggravated fleeing or eluding with serious bodily injury or
22 death constitute constitutes a separate offenses offense for
23 which a person may be charged, in addition to the offenses
24 under ss. 316.027 and 316.061, relating to offense of
25 unlawfully leaving the scene of a crash, which the person had
26 been in the course of committing or attempting to commit when
27 the order to stop was given. Notwithstanding any other
28 provision of law, the court shall sentence any person
29 convicted of committing aggravated fleeing or eluding with
30 serious bodily injury or death to a mandatory minimum sentence
31 of 3 years' imprisonment. Nothing in this subsection shall
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 prevent a court from imposing a greater sentence of
2 incarceration as authorized by law.
3 (5) The court shall may revoke, for a period not less
4 than to exceed 1 year nor exceeding 5 years, the driver's
5 license of any operator of a motor vehicle convicted of a
6 violation of subsection (1), subsection (2), subsection (3),
7 or subsection (4).
8 (6) Notwithstanding s. 948.01, no court may suspend,
9 defer, or withhold adjudication of guilt or imposition of
10 sentence for any violation of this section. A person convicted
11 and sentenced to a mandatory minimum term of incarceration
12 under paragraph (3)(b) or paragraph (4)(b) is not eligible for
13 statutory gain-time under s. 944.275 or any form of
14 discretionary early release, other than pardon or executive
15 clemency or conditional medical release under s. 947.149,
16 prior to serving the mandatory minimum sentence.
17 (7) Any motor vehicle involved in a violation of this
18 section is deemed to be contraband, which may be seized by a
19 law enforcement agency and is subject to forfeiture pursuant
20 to ss. 932.701-932.704. Any vehicle not required to be titled
21 under the laws of this state is presumed to be the property of
22 the person in possession of the vehicle.
23 Section 2. Paragraphs (a), (c), (d), (e), (g), and (h)
24 of subsection (3) of section 921.0022, Florida Statutes, are
25 amended to read:
26 921.0022 Criminal Punishment Code; offense severity
27 ranking chart.--
28 (3) OFFENSE SEVERITY RANKING CHART
29
30
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 Florida Felony
2 Statute Degree Description
3
4 (a) LEVEL 1
5 24.118(3)(a) 3rd Counterfeit or altered state
6 lottery ticket.
7 212.054(2)(b) 3rd Discretionary sales surtax;
8 limitations, administration, and
9 collection.
10 212.15(2)(b) 3rd Failure to remit sales taxes,
11 amount greater than $300 but less
12 than $20,000.
13 316.1935(1) 3rd Fleeing or attempting to elude
14 law enforcement officer.
15 319.30(5) 3rd Sell, exchange, give away
16 certificate of title or
17 identification number plate.
18 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
19 odometer.
20 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
21 registration license plates or
22 validation stickers.
23 322.212
24 (1)(a)-(c) 3rd Possession of forged, stolen,
25 counterfeit, or unlawfully issued
26 driver's license; possession of
27 simulated identification.
28 322.212(4) 3rd Supply or aid in supplying
29 unauthorized driver's license or
30 identification card.
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 322.212(5)(a) 3rd False application for driver's
2 license or identification card.
3 370.13(2)(c)1. 3rd Molest any stone crab trap, line,
4 or buoy which is property of
5 licenseholder.
6 370.135(1) 3rd Molest any blue crab trap, line,
7 or buoy which is property of
8 licenseholder.
9 372.663(1) 3rd Poach any alligator or
10 crocodilia.
11 414.39(2) 3rd Unauthorized use, possession,
12 forgery, or alteration of food
13 stamps, Medicaid ID, value
14 greater than $200.
15 414.39(3)(a) 3rd Fraudulent misappropriation of
16 public assistance funds by
17 employee/official, value more
18 than $200.
19 443.071(1) 3rd False statement or representation
20 to obtain or increase
21 unemployment compensation
22 benefits.
23 509.151(1) 3rd Defraud an innkeeper, food or
24 lodging value greater than $300.
25 517.302(1) 3rd Violation of the Florida
26 Securities and Investor
27 Protection Act.
28 562.27(1) 3rd Possess still or still apparatus.
29 713.69 3rd Tenant removes property upon
30 which lien has accrued, value
31 more than $50.
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 812.014(3)(c) 3rd Petit theft (3rd conviction);
2 theft of any property not
3 specified in subsection (2).
4 812.081(2) 3rd Unlawfully makes or causes to be
5 made a reproduction of a trade
6 secret.
7 815.04(4)(a) 3rd Offense against intellectual
8 property (i.e., computer
9 programs, data).
10 817.52(2) 3rd Hiring with intent to defraud,
11 motor vehicle services.
12 817.569(2) 3rd Use of public record or public
13 records information to facilitate
14 commission of a felony.
15 826.01 3rd Bigamy.
16 828.122(3) 3rd Fighting or baiting animals.
17 831.04(1) 3rd Any erasure, alteration, etc., of
18 any replacement deed, map, plat,
19 or other document listed in s.
20 92.28.
21 831.31(1)(a) 3rd Sell, deliver, or possess
22 counterfeit controlled
23 substances, all but s. 893.03(5)
24 drugs.
25 832.041(1) 3rd Stopping payment with intent to
26 defraud $150 or more.
27 832.05
28 (2)(b)&(4)(c) 3rd Knowing, making, issuing
29 worthless checks $150 or more or
30 obtaining property in return for
31 worthless check $150 or more.
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 838.15(2) 3rd Commercial bribe receiving.
2 838.16 3rd Commercial bribery.
3 843.18 3rd Fleeing by boat to elude a law
4 enforcement officer.
5 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
6 lewd, etc., material (2nd
7 conviction).
8 849.01 3rd Keeping gambling house.
9 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
10 or assist therein, conduct or
11 advertise drawing for prizes, or
12 dispose of property or money by
13 means of lottery.
14 849.23 3rd Gambling-related machines;
15 "common offender" as to property
16 rights.
17 849.25(2) 3rd Engaging in bookmaking.
18 860.08 3rd Interfere with a railroad signal.
19 860.13(1)(a) 3rd Operate aircraft while under the
20 influence.
21 893.13(2)(a)2. 3rd Purchase of cannabis.
22 893.13(6)(a) 3rd Possession of cannabis (more than
23 20 grams).
24 934.03(1)(a) 3rd Intercepts, or procures any other
25 person to intercept, any wire or
26 oral communication.
27 (c) LEVEL 3
28 119.10(3) 3rd Unlawful use of confidential
29 information from police reports.
30
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Florida Senate - 2004 SB 1322
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1 316.066(3)
2 (d)-(f) 3rd Unlawfully obtaining or using
3 confidential crash reports.
4 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
5 316.1935(2) 3rd Fleeing or attempting to elude
6 law enforcement officer in marked
7 patrol vehicle with siren and
8 lights activated.
9 319.30(4) 3rd Possession by junkyard of motor
10 vehicle with identification
11 number plate removed.
12 319.33(1)(a) 3rd Alter or forge any certificate of
13 title to a motor vehicle or
14 mobile home.
15 319.33(1)(c) 3rd Procure or pass title on stolen
16 vehicle.
17 319.33(4) 3rd With intent to defraud, possess,
18 sell, etc., a blank, forged, or
19 unlawfully obtained title or
20 registration.
21 327.35(2)(b) 3rd Felony BUI.
22 328.05(2) 3rd Possess, sell, or counterfeit
23 fictitious, stolen, or fraudulent
24 titles or bills of sale of
25 vessels.
26 328.07(4) 3rd Manufacture, exchange, or possess
27 vessel with counterfeit or wrong
28 ID number.
29
30
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 370.12(1)(e)5. 3rd Taking, disturbing, mutilating,
2 destroying, causing to be
3 destroyed, transferring, selling,
4 offering to sell, molesting, or
5 harassing marine turtles, marine
6 turtle eggs, or marine turtle
7 nests in violation of the Marine
8 Turtle Protection Act.
9 370.12(1)(e)6. 3rd Soliciting to commit or
10 conspiring to commit a violation
11 of the Marine Turtle Protection
12 Act.
13 376.302(5) 3rd Fraud related to reimbursement
14 for cleanup expenses under the
15 Inland Protection Trust Fund.
16 400.903(3) 3rd Operating a clinic without a
17 license or filing false license
18 application or other required
19 information.
20 440.105(3)(b) 3rd Receipt of fee or consideration
21 without approval by judge of
22 compensation claims.
23 440.1051(3) 3rd False report of workers'
24 compensation fraud or retaliation
25 for making such a report.
26 501.001(2)(b) 2nd Tampers with a consumer product
27 or the container using materially
28 false/misleading information.
29 624.401(4)(a) 3rd Transacting insurance without a
30 certificate of authority.
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 624.401(4)(b)1. 3rd Transacting insurance without a
2 certificate of authority; premium
3 collected less than $20,000.
4 626.902(1)
5 (a) & (b) 3rd Representing an unauthorized
6 insurer.
7 697.08 3rd Equity skimming.
8 790.15(3) 3rd Person directs another to
9 discharge firearm from a vehicle.
10 796.05(1) 3rd Live on earnings of a prostitute.
11 806.10(1) 3rd Maliciously injure, destroy, or
12 interfere with vehicles or
13 equipment used in firefighting.
14 806.10(2) 3rd Interferes with or assaults
15 firefighter in performance of
16 duty.
17 810.09(2)(c) 3rd Trespass on property other than
18 structure or conveyance armed
19 with firearm or dangerous weapon.
20 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
21 less than $10,000.
22 812.0145(2)(c) 3rd Theft from person 65 years of age
23 or older; $300 or more but less
24 than $10,000.
25 815.04(4)(b) 2nd Computer offense devised to
26 defraud or obtain property.
27 817.034(4)(a)3. 3rd Engages in scheme to defraud
28 (Florida Communications Fraud
29 Act), property valued at less
30 than $20,000.
31 817.233 3rd Burning to defraud insurer.
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 817.234(8)
2 (b)-(c) 3rd Unlawful solicitation of persons
3 involved in motor vehicle
4 accidents.
5 817.234(11)(a) 3rd Insurance fraud; property value
6 less than $20,000.
7 817.236 3rd Filing a false motor vehicle
8 insurance application.
9 817.2361 3rd Creating, marketing, or
10 presenting a false or fraudulent
11 motor vehicle insurance card.
12 817.413(2) 3rd Sale of used goods as new.
13 817.505(4) 3rd Patient brokering.
14 828.12(2) 3rd Tortures any animal with intent
15 to inflict intense pain, serious
16 physical injury, or death.
17 831.28(2)(a) 3rd Counterfeiting a payment
18 instrument with intent to defraud
19 or possessing a counterfeit
20 payment instrument.
21 831.29 2nd Possession of instruments for
22 counterfeiting drivers' licenses
23 or identification cards.
24 838.021(3)(b) 3rd Threatens unlawful harm to public
25 servant.
26 843.19 3rd Injure, disable, or kill police
27 dog or horse.
28 860.15(3) 3rd Overcharging for repairs and
29 parts.
30 870.01(2) 3rd Riot; inciting or encouraging.
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
2 cannabis (or other s.
3 893.03(1)(c), (2)(c)1., (2)(c)2.,
4 (2)(c)3., (2)(c)5., (2)(c)6.,
5 (2)(c)7., (2)(c)8., (2)(c)9.,
6 (3), or (4) drugs).
7 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.,
11 (3), or (4) drugs within 1,000
12 feet of university.
13 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
14 893.03(1)(c), (2)(c)1., (2)(c)2.,
15 (2)(c)3., (2)(c)5., (2)(c)6.,
16 (2)(c)7., (2)(c)8., (2)(c)9.,
17 (3), or (4) drugs within 1,000
18 feet of public housing facility.
19 893.13(6)(a) 3rd Possession of any controlled
20 substance other than felony
21 possession of cannabis.
22 893.13(7)(a)8. 3rd Withhold information from
23 practitioner regarding previous
24 receipt of or prescription for a
25 controlled substance.
26 893.13(7)(a)9. 3rd Obtain or attempt to obtain
27 controlled substance by fraud,
28 forgery, misrepresentation, etc.
29 893.13(7)(a)10. 3rd Affix false or forged label to
30 package of controlled substance.
31
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 893.13(7)(a)11. 3rd Furnish false or fraudulent
2 material information on any
3 document or record required by
4 chapter 893.
5 893.13(8)(a)1. 3rd Knowingly assist a patient, other
6 person, or owner of an animal in
7 obtaining a controlled substance
8 through deceptive, untrue, or
9 fraudulent representations in or
10 related to the practitioner's
11 practice.
12 893.13(8)(a)2. 3rd Employ a trick or scheme in the
13 practitioner's practice to assist
14 a patient, other person, or owner
15 of an animal in obtaining a
16 controlled substance.
17 893.13(8)(a)3. 3rd Knowingly write a prescription
18 for a controlled substance for a
19 fictitious person.
20 893.13(8)(a)4. 3rd Write a prescription for a
21 controlled substance for a
22 patient, other person, or an
23 animal if the sole purpose of
24 writing the prescription is a
25 monetary benefit for the
26 practitioner.
27 918.13(1)(a) 3rd Alter, destroy, or conceal
28 investigation evidence.
29 944.47
30 (1)(a)1.-2. 3rd Introduce contraband to
31 correctional facility.
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 944.47(1)(c) 2nd Possess contraband while upon the
2 grounds of a correctional
3 institution.
4 985.3141 3rd Escapes from a juvenile facility
5 (secure detention or residential
6 commitment facility).
7 (d) LEVEL 4
8 316.1935(3)(a) 2nd Driving at high speed or with
9 wanton disregard for safety while
10 fleeing or attempting to elude
11 law enforcement officer who is in
12 a marked patrol vehicle with
13 siren and lights activated.
14 499.0051(1) 3rd Failure to maintain or deliver
15 pedigree papers.
16 499.0051(2) 3rd Failure to authenticate pedigree
17 papers.
18 499.0051(6) 2nd Sale or delivery, or possession
19 with intent to sell, contraband
20 legend drugs.
21 784.07(2)(b) 3rd Battery of law enforcement
22 officer, firefighter, intake
23 officer, etc.
24 784.074(1)(c) 3rd Battery of sexually violent
25 predators facility staff.
26 784.075 3rd Battery on detention or
27 commitment facility staff.
28 784.078 3rd Battery of facility employee by
29 throwing, tossing, or expelling
30 certain fluids or materials.
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 784.08(2)(c) 3rd Battery on a person 65 years of
2 age or older.
3 784.081(3) 3rd Battery on specified official or
4 employee.
5 784.082(3) 3rd Battery by detained person on
6 visitor or other detainee.
7 784.083(3) 3rd Battery on code inspector.
8 784.085 3rd Battery of child by throwing,
9 tossing, projecting, or expelling
10 certain fluids or materials.
11 787.03(1) 3rd Interference with custody;
12 wrongly takes child from
13 appointed guardian.
14 787.04(2) 3rd Take, entice, or remove child
15 beyond state limits with criminal
16 intent pending custody
17 proceedings.
18 787.04(3) 3rd Carrying child beyond state lines
19 with criminal intent to avoid
20 producing child at custody
21 hearing or delivering to
22 designated person.
23 790.115(1) 3rd Exhibiting firearm or weapon
24 within 1,000 feet of a school.
25 790.115(2)(b) 3rd Possessing electric weapon or
26 device, destructive device, or
27 other weapon on school property.
28 790.115(2)(c) 3rd Possessing firearm on school
29 property.
30 800.04(7)(d) 3rd Lewd or lascivious exhibition;
31 offender less than 18 years.
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Florida Senate - 2004 SB 1322
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1 810.02(4)(a) 3rd Burglary, or attempted burglary,
2 of an unoccupied structure;
3 unarmed; no assault or battery.
4 810.02(4)(b) 3rd Burglary, or attempted burglary,
5 of an unoccupied conveyance;
6 unarmed; no assault or battery.
7 810.06 3rd Burglary; possession of tools.
8 810.08(2)(c) 3rd Trespass on property, armed with
9 firearm or dangerous weapon.
10 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
11 or more but less than $20,000.
12 812.014
13 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
14 firearm, motor vehicle,
15 livestock, etc.
16 812.0195(2) 3rd Dealing in stolen property by use
17 of the Internet; property stolen
18 $300 or more.
19 817.563(1) 3rd Sell or deliver substance other
20 than controlled substance agreed
21 upon, excluding s. 893.03(5)
22 drugs.
23 817.568(2)(a) 3rd Fraudulent use of personal
24 identification information.
25 817.625(2)(a) 3rd Fraudulent use of scanning device
26 or reencoder.
27 828.125(1) 2nd Kill, maim, or cause great bodily
28 harm or permanent breeding
29 disability to any registered
30 horse or cattle.
31 837.02(1) 3rd Perjury in official proceedings.
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 837.021(1) 3rd Make contradictory statements in
2 official proceedings.
3 838.022 3rd Official misconduct.
4 839.13(2)(a) 3rd Falsifying records of an
5 individual in the care and
6 custody of a state agency.
7 839.13(2)(c) 3rd Falsifying records of the
8 Department of Children and Family
9 Services.
10 843.021 3rd Possession of a concealed
11 handcuff key by a person in
12 custody.
13 843.025 3rd Deprive law enforcement,
14 correctional, or correctional
15 probation officer of means of
16 protection or communication.
17 843.15(1)(a) 3rd Failure to appear while on bail
18 for felony (bond estreature or
19 bond jumping).
20 874.05(1) 3rd Encouraging or recruiting another
21 to join a criminal street gang.
22 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
23 893.03(1)(a), (b), or (d),
24 (2)(a), (2)(b), or (2)(c)4.
25 drugs).
26 914.14(2) 3rd Witnesses accepting bribes.
27 914.22(1) 3rd Force, threaten, etc., witness,
28 victim, or informant.
29 914.23(2) 3rd Retaliation against a witness,
30 victim, or informant, no bodily
31 injury.
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 918.12 3rd Tampering with jurors.
2 934.215 3rd Use of two-way communications
3 device to facilitate commission
4 of a crime.
5 (e) LEVEL 5
6 316.027(1)(a) 3rd Accidents involving personal
7 injuries, failure to stop;
8 leaving scene.
9 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
10 322.34(6) 3rd Careless operation of motor
11 vehicle with suspended license,
12 resulting in death or serious
13 bodily injury.
14 327.30(5) 3rd Vessel accidents involving
15 personal injury; leaving scene.
16 381.0041
17 (11)(b) 3rd Donate blood, plasma, or organs
18 knowing HIV positive.
19 440.10(1)(g) 2nd Failure to obtain workers'
20 compensation coverage.
21 440.105(5) 2nd Unlawful solicitation for the
22 purpose of making workers'
23 compensation claims.
24 440.381(2) 2nd Submission of false, misleading,
25 or incomplete information with
26 the purpose of avoiding or
27 reducing workers' compensation
28 premiums.
29
30
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 624.401(4)(b)2. 2nd Transacting insurance without a
2 certificate or authority; premium
3 collected $20,000 or more but
4 less than $100,000.
5 626.902(1)(c) 2nd Representing an unauthorized
6 insurer; repeat offender.
7 790.01(2) 3rd Carrying a concealed firearm.
8 790.162 2nd Threat to throw or discharge
9 destructive device.
10 790.163(1) 2nd False report of deadly explosive
11 or weapon of mass destruction.
12 790.221(1) 2nd Possession of short-barreled
13 shotgun or machine gun.
14 790.23 2nd Felons in possession of firearms
15 or electronic weapons or devices.
16 800.04(6)(c) 3rd Lewd or lascivious conduct;
17 offender less than 18 years.
18 800.04(7)(c) 2nd Lewd or lascivious exhibition;
19 offender 18 years or older.
20 806.111(1) 3rd Possess, manufacture, or dispense
21 fire bomb with intent to damage
22 any structure or property.
23 812.0145(2)(b) 2nd Theft from person 65 years of age
24 or older; $10,000 or more but
25 less than $50,000.
26 812.015(8) 3rd Retail theft; property stolen is
27 valued at $300 or more and one or
28 more specified acts.
29 812.019(1) 2nd Stolen property; dealing in or
30 trafficking in.
31 812.131(2)(b) 3rd Robbery by sudden snatching.
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 812.16(2) 3rd Owning, operating, or conducting
2 a chop shop.
3 817.034(4)(a)2. 2nd Communications fraud, value
4 $20,000 to $50,000.
5 817.234(11)(b) 2nd Insurance fraud; property value
6 $20,000 or more but less than
7 $100,000.
8 817.2341(1),
9 (2)(a)&(3)(a) 3rd Filing false financial
10 statements, making false entries
11 of material fact or false
12 statements regarding property
13 values relating to the solvency
14 of an insuring entity.
15 817.568(2)(b) 2nd Fraudulent use of personal
16 identification information; value
17 of benefit, services received,
18 payment avoided, or amount of
19 injury or fraud, $5,000 or more
20 or use of personal identification
21 information of 10 or more
22 individuals.
23 817.625(2)(b) 2nd Second or subsequent fraudulent
24 use of scanning device or
25 reencoder.
26 825.1025(4) 3rd Lewd or lascivious exhibition in
27 the presence of an elderly person
28 or disabled adult.
29
30
31
22
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 827.071(4) 2nd Possess with intent to promote
2 any photographic material, motion
3 picture, etc., which includes
4 sexual conduct by a child.
5 839.13(2)(b) 2nd Falsifying records of an
6 individual in the care and
7 custody of a state agency
8 involving great bodily harm or
9 death.
10 843.01 3rd Resist officer with violence to
11 person; resist arrest with
12 violence.
13 874.05(2) 2nd Encouraging or recruiting another
14 to join a criminal street gang;
15 second or subsequent offense.
16 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
17 cocaine (or other s.
18 893.03(1)(a), (1)(b), (1)(d),
19 (2)(a), (2)(b), or (2)(c)4.
20 drugs).
21 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
22 cannabis (or other s.
23 893.03(1)(c), (2)(c)1., (2)(c)2.,
24 (2)(c)3., (2)(c)5., (2)(c)6.,
25 (2)(c)7., (2)(c)8., (2)(c)9.,
26 (3), or (4) drugs) within 1,000
27 feet of a child care facility,
28 school, or state, county, or
29 municipal park or publicly owned
30 recreational facility or
31 community center.
23
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 893.13(1)(d)1. 1st Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d),
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs) within 1,000 feet of
6 university.
7 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
8 cannabis or other drug prohibited
9 under s. 893.03(1)(c), (2)(c)1.,
10 (2)(c)2., (2)(c)3., (2)(c)5.,
11 (2)(c)6., (2)(c)7., (2)(c)8.,
12 (2)(c)9., (3), or (4) within
13 1,000 feet of property used for
14 religious services or a specified
15 business site.
16 893.13(1)(f)1. 1st Sell, manufacture, or deliver
17 cocaine (or other s.
18 893.03(1)(a), (1)(b), (1)(d), or
19 (2)(a), (2)(b), or (2)(c)4.
20 drugs) within 1,000 feet of
21 public housing facility.
22 893.13(4)(b) 2nd Deliver to minor cannabis (or
23 other s. 893.03(1)(c), (2)(c)1.,
24 (2)(c)2., (2)(c)3., (2)(c)5.,
25 (2)(c)6., (2)(c)7., (2)(c)8.,
26 (2)(c)9., (3), or (4) drugs).
27 (g) LEVEL 7
28 316.027(1)(b) 2nd Accident involving death, failure
29 to stop; leaving scene.
30 316.193(3)(c)2. 3rd DUI resulting in serious bodily
31 injury.
24
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 316.1935(3)(b) 1st Causing serious bodily injury or
2 death to another person; driving
3 at high speed or with wanton
4 disregard for safety while
5 fleeing or attempting to elude
6 law enforcement officer who is in
7 a patrol vehicle with siren and
8 lights activated.
9 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
10 bodily injury.
11 402.319(2) 2nd Misrepresentation and negligence
12 or intentional act resulting in
13 great bodily harm, permanent
14 disfiguration, permanent
15 disability, or death.
16 409.920(2) 3rd Medicaid provider fraud.
17 456.065(2) 3rd Practicing a health care
18 profession without a license.
19 456.065(2) 2nd Practicing a health care
20 profession without a license
21 which results in serious bodily
22 injury.
23 458.327(1) 3rd Practicing medicine without a
24 license.
25 459.013(1) 3rd Practicing osteopathic medicine
26 without a license.
27 460.411(1) 3rd Practicing chiropractic medicine
28 without a license.
29 461.012(1) 3rd Practicing podiatric medicine
30 without a license.
31
25
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 462.17 3rd Practicing naturopathy without a
2 license.
3 463.015(1) 3rd Practicing optometry without a
4 license.
5 464.016(1) 3rd Practicing nursing without a
6 license.
7 465.015(2) 3rd Practicing pharmacy without a
8 license.
9 466.026(1) 3rd Practicing dentistry or dental
10 hygiene without a license.
11 467.201 3rd Practicing midwifery without a
12 license.
13 468.366 3rd Delivering respiratory care
14 services without a license.
15 483.828(1) 3rd Practicing as clinical laboratory
16 personnel without a license.
17 483.901(9) 3rd Practicing medical physics
18 without a license.
19 484.013(1)(c) 3rd Preparing or dispensing optical
20 devices without a prescription.
21 484.053 3rd Dispensing hearing aids without a
22 license.
23 494.0018(2) 1st Conviction of any violation of
24 ss. 494.001-494.0077 in which the
25 total money and property
26 unlawfully obtained exceeded
27 $50,000 and there were five or
28 more victims.
29
30
31
26
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 560.123(8)(b)1. 3rd Failure to report currency or
2 payment instruments exceeding
3 $300 but less than $20,000 by
4 money transmitter.
5 560.125(5)(a) 3rd Money transmitter business by
6 unauthorized person, currency or
7 payment instruments exceeding
8 $300 but less than $20,000.
9 655.50(10)(b)1. 3rd Failure to report financial
10 transactions exceeding $300 but
11 less than $20,000 by financial
12 institution.
13 782.051(3) 2nd Attempted felony murder of a
14 person by a person other than the
15 perpetrator or the perpetrator of
16 an attempted felony.
17 782.07(1) 2nd Killing of a human being by the
18 act, procurement, or culpable
19 negligence of another
20 (manslaughter).
21 782.071 2nd Killing of human being or viable
22 fetus by the operation of a motor
23 vehicle in a reckless manner
24 (vehicular homicide).
25 782.072 2nd Killing of a human being by the
26 operation of a vessel in a
27 reckless manner (vessel
28 homicide).
29 784.045(1)(a)1. 2nd Aggravated battery; intentionally
30 causing great bodily harm or
31 disfigurement.
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 784.045(1)(a)2. 2nd Aggravated battery; using deadly
2 weapon.
3 784.045(1)(b) 2nd Aggravated battery; perpetrator
4 aware victim pregnant.
5 784.048(4) 3rd Aggravated stalking; violation of
6 injunction or court order.
7 784.07(2)(d) 1st Aggravated battery on law
8 enforcement officer.
9 784.074(1)(a) 1st Aggravated battery on sexually
10 violent predators facility staff.
11 784.08(2)(a) 1st Aggravated battery on a person 65
12 years of age or older.
13 784.081(1) 1st Aggravated battery on specified
14 official or employee.
15 784.082(1) 1st Aggravated battery by detained
16 person on visitor or other
17 detainee.
18 784.083(1) 1st Aggravated battery on code
19 inspector.
20 790.07(4) 1st Specified weapons violation
21 subsequent to previous conviction
22 of s. 790.07(1) or (2).
23 790.16(1) 1st Discharge of a machine gun under
24 specified circumstances.
25 790.165(2) 2nd Manufacture, sell, possess, or
26 deliver hoax bomb.
27 790.165(3) 2nd Possessing, displaying, or
28 threatening to use any hoax bomb
29 while committing or attempting to
30 commit a felony.
31
28
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 790.166(3) 2nd Possessing, selling, using, or
2 attempting to use a hoax weapon
3 of mass destruction.
4 790.166(4) 2nd Possessing, displaying, or
5 threatening to use a hoax weapon
6 of mass destruction while
7 committing or attempting to
8 commit a felony.
9 796.03 2nd Procuring any person under 16
10 years for prostitution.
11 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
12 victim less than 12 years of age;
13 offender less than 18 years.
14 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
15 victim 12 years of age or older
16 but less than 16 years; offender
17 18 years or older.
18 806.01(2) 2nd Maliciously damage structure by
19 fire or explosive.
20 810.02(3)(a) 2nd Burglary of occupied dwelling;
21 unarmed; no assault or battery.
22 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
23 unarmed; no assault or battery.
24 810.02(3)(d) 2nd Burglary of occupied conveyance;
25 unarmed; no assault or battery.
26 812.014(2)(a) 1st Property stolen, valued at
27 $100,000 or more; cargo stolen
28 valued at $50,000 or more;
29 property stolen while causing
30 other property damage; 1st degree
31 grand theft.
29
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 812.014(2)(b)3. 2nd Property stolen, emergency
2 medical equipment; 2nd degree
3 grand theft.
4 812.0145(2)(a) 1st Theft from person 65 years of age
5 or older; $50,000 or more.
6 812.019(2) 1st Stolen property; initiates,
7 organizes, plans, etc., the theft
8 of property and traffics in
9 stolen property.
10 812.131(2)(a) 2nd Robbery by sudden snatching.
11 812.133(2)(b) 1st Carjacking; no firearm, deadly
12 weapon, or other weapon.
13 817.234(8)(a) 2nd Solicitation of motor vehicle
14 accident victims with intent to
15 defraud.
16 817.234(9) 2nd Organizing, planning, or
17 participating in an intentional
18 motor vehicle collision.
19 817.234(11)(c) 1st Insurance fraud; property value
20 $100,000 or more.
21 817.2341(2)(b)&
22 (3)(b) 1st Making false entries of material
23 fact or false statements
24 regarding property values
25 relating to the solvency of an
26 insuring entity which are a
27 significant cause of the
28 insolvency of that entity.
29
30
31
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1322
7-678-04 See HB 295
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.
18 838.015 2nd Bribery.
19 838.016 2nd Unlawful compensation or reward
20 for official behavior.
21 838.021(3)(a) 2nd Unlawful harm to a public
22 servant.
23 838.22 2nd Bid tampering.
24 872.06 2nd Abuse of a dead human body.
25
26
27
28
29
30
31
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 893.13(1)(c)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 a
6 child care facility, school, or
7 state, county, or municipal park
8 or publicly owned recreational
9 facility or community center.
10 893.13(1)(e)1. 1st Sell, manufacture, or deliver
11 cocaine or other drug prohibited
12 under s. 893.03(1)(a), (1)(b),
13 (1)(d), (2)(a), (2)(b), or
14 (2)(c)4., within 1,000 feet of
15 property used for religious
16 services or a specified business
17 site.
18 893.13(4)(a) 1st Deliver to minor cocaine (or
19 other s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4. drugs).
22 893.135(1)(a)1. 1st Trafficking in cannabis, more
23 than 25 lbs., less than 2,000
24 lbs.
25 893.135
26 (1)(b)1.a. 1st Trafficking in cocaine, more than
27 28 grams, less than 200 grams.
28 893.135
29 (1)(c)1.a. 1st Trafficking in illegal drugs,
30 more than 4 grams, less than 14
31 grams.
32
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 893.135
16 (1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135
21 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
22 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(k)2.a. 1st Trafficking in Phenethylamines,
26 10 grams or more, less than 200
27 grams.
28 896.101(5)(a) 3rd Money laundering, financial
29 transactions exceeding $300 but
30 less than $20,000.
31
33
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions exceeding $300 but
5 less than $20,000.
6 (h) LEVEL 8
7 316.193
8 (3)(c)3.a. 2nd DUI manslaughter.
9 316.1935(4)(b) 1st Aggravated fleeing or attempted
10 eluding with serious bodily
11 injury or death.
12 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
13 499.0051(7) 1st Forgery of prescription or legend
14 drug labels.
15 499.0052 1st Trafficking in contraband legend
16 drugs.
17 560.123(8)(b)2. 2nd Failure to report currency or
18 payment instruments totaling or
19 exceeding $20,000, but less than
20 $100,000 by money transmitter.
21 560.125(5)(b) 2nd Money transmitter business by
22 unauthorized person, currency or
23 payment instruments totaling or
24 exceeding $20,000, but less than
25 $100,000.
26 655.50(10)(b)2. 2nd Failure to report financial
27 transactions totaling or
28 exceeding $20,000, but less than
29 $100,000 by financial
30 institutions.
31
34
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 777.03(2)(a) 1st Accessory after the fact, capital
2 felony.
3 782.04(4) 2nd Killing of human without design
4 when engaged in act or attempt of
5 any felony other than arson,
6 sexual battery, robbery,
7 burglary, kidnapping, aircraft
8 piracy, or unlawfully discharging
9 bomb.
10 782.051(2) 1st Attempted felony murder while
11 perpetrating or attempting to
12 perpetrate a felony not
13 enumerated in s. 782.04(3).
14 782.071(1)(b) 1st Committing vehicular homicide and
15 failing to render aid or give
16 information.
17 782.072(2) 1st Committing vessel homicide and
18 failing to render aid or give
19 information.
20 790.161(3) 1st Discharging a destructive device
21 which results in bodily harm or
22 property damage.
23 794.011(5) 2nd Sexual battery, victim 12 years
24 or over, offender does not use
25 physical force likely to cause
26 serious injury.
27 800.04(4) 2nd Lewd or lascivious battery.
28 806.01(1) 1st Maliciously damage dwelling or
29 structure by fire or explosive,
30 believing person in structure.
31 810.02(2)(a) 1st,PBL Burglary with assault or battery.
35
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 810.02(2)(b) 1st,PBL Burglary; armed with explosives
2 or dangerous weapon.
3 810.02(2)(c) 1st Burglary of a dwelling or
4 structure causing structural
5 damage or $1,000 or more property
6 damage.
7 812.13(2)(b) 1st Robbery with a weapon.
8 812.135(2) 1st Home-invasion robbery.
9 817.568(6) 2nd Fraudulent use of personal
10 identification information of an
11 individual under the age of 18.
12 825.102(2) 2nd Aggravated abuse of an elderly
13 person or disabled adult.
14 825.1025(2) 2nd Lewd or lascivious battery upon
15 an elderly person or disabled
16 adult.
17 825.103(2)(a) 1st Exploiting an elderly person or
18 disabled adult and property is
19 valued at $100,000 or more.
20 837.02(2) 2nd Perjury in official proceedings
21 relating to prosecution of a
22 capital felony.
23 837.021(2) 2nd Making contradictory statements
24 in official proceedings relating
25 to prosecution of a capital
26 felony.
27 860.121(2)(c) 1st Shooting at or throwing any
28 object in path of railroad
29 vehicle resulting in great bodily
30 harm.
31 860.16 1st Aircraft piracy.
36
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 893.13(1)(b) 1st Sell or deliver in excess of 10
2 grams of any substance specified
3 in s. 893.03(1)(a) or (b).
4 893.13(2)(b) 1st Purchase in excess of 10 grams of
5 any substance specified in s.
6 893.03(1)(a) or (b).
7 893.13(6)(c) 1st Possess in excess of 10 grams of
8 any substance specified in s.
9 893.03(1)(a) or (b).
10 893.135(1)(a)2. 1st Trafficking in cannabis, more
11 than 2,000 lbs., less than 10,000
12 lbs.
13 893.135
14 (1)(b)1.b. 1st Trafficking in cocaine, more than
15 200 grams, less than 400 grams.
16 893.135
17 (1)(c)1.b. 1st Trafficking in illegal drugs,
18 more than 14 grams, less than 28
19 grams.
20 893.135
21 (1)(d)1.b. 1st Trafficking in phencyclidine,
22 more than 200 grams, less than
23 400 grams.
24 893.135
25 (1)(e)1.b. 1st Trafficking in methaqualone, more
26 than 5 kilograms, less than 25
27 kilograms.
28 893.135
29 (1)(f)1.b. 1st Trafficking in amphetamine, more
30 than 28 grams, less than 200
31 grams.
37
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 893.135
2 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
3 grams or more, less than 28
4 grams.
5 893.135
6 (1)(h)1.b. 1st Trafficking in
7 gamma-hydroxybutyric acid (GHB),
8 5 kilograms or more, less than 10
9 kilograms.
10 893.135
11 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
12 kilograms or more, less than 10
13 kilograms.
14 893.135
15 (1)(k)2.b. 1st Trafficking in Phenethylamines,
16 200 grams or more, less than 400
17 grams.
18 895.03(1) 1st Use or invest proceeds derived
19 from pattern of racketeering
20 activity.
21 895.03(2) 1st Acquire or maintain through
22 racketeering activity any
23 interest in or control of any
24 enterprise or real property.
25 895.03(3) 1st Conduct or participate in any
26 enterprise through pattern of
27 racketeering activity.
28 896.101(5)(b) 2nd Money laundering, financial
29 transactions totaling or
30 exceeding $20,000, but less than
31 $100,000.
38
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 896.104(4)(a)2. 2nd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions totaling or
5 exceeding $20,000 but less than
6 $100,000.
7 Section 3. For the purpose of incorporating the
8 amendment to section 316.1935, Florida Statutes, in a
9 reference thereto, section 318.17, Florida Statutes, is
10 reenacted to read:
11 318.17 Offenses excepted.--No provision of this
12 chapter is available to a person who is charged with any of
13 the following offenses:
14 (1) Fleeing or attempting to elude a police officer,
15 in violation of s. 316.1935;
16 (2) Leaving the scene of a crash, in violation of ss.
17 316.027 and 316.061;
18 (3) Driving, or being in actual physical control of,
19 any vehicle while under the influence of alcoholic beverages,
20 any chemical substance set forth in s. 877.111, or any
21 substance controlled under chapter 893, in violation of s.
22 316.193, or driving with an unlawful blood-alcohol level;
23 (4) Reckless driving, in violation of s. 316.192;
24 (5) Making false crash reports, in violation of s.
25 316.067;
26 (6) Willfully failing or refusing to comply with any
27 lawful order or direction of any police officer or member of
28 the fire department, in violation of s. 316.072(3);
29 (7) Obstructing an officer, in violation of s.
30 316.545(1); or
31
39
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Florida Senate - 2004 SB 1322
7-678-04 See HB 295
1 (8) Any other offense in chapter 316 which is
2 classified as a criminal violation.
3 Section 4. For the purpose of incorporating the
4 amendment to section 316.1935, Florida Statutes, in a
5 reference thereto, subsection (1) of section 322.61, Florida
6 Statutes, is reenacted to read:
7 322.61 Disqualification from operating a commercial
8 motor vehicle.--
9 (1) A person who, within a 3-year period, is convicted
10 of two of the following serious traffic violations or any
11 combination thereof, arising in separate incidents committed
12 in a commercial motor vehicle shall, in addition to any other
13 applicable penalties, be disqualified from operating a
14 commercial motor vehicle for a period of 60 days:
15 (a) A violation of any state or local law relating to
16 motor vehicle traffic control, other than a parking violation,
17 a weight violation, or a vehicle equipment violation, arising
18 in connection with a crash resulting in death or personal
19 injury to any person;
20 (b) Reckless driving, as defined in s. 316.192;
21 (c) Careless driving, as defined in s. 316.1925;
22 (d) Fleeing or attempting to elude a law enforcement
23 officer, as defined in s. 316.1935;
24 (e) Unlawful speed of 15 miles per hour or more above
25 the posted speed limit;
26 (f) Driving a commercial motor vehicle, owned by such
27 person, which is not properly insured;
28 (g) Improper lane change, as defined in s. 316.085; or
29 (h) Following too closely, as defined in s. 316.0895.
30 Section 5. This act shall take effect July 1, 2004,
31 and shall apply to offenses committed on or after that date.
40
CODING: Words stricken are deletions; words underlined are additions.