SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Lynn moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Statewide Study Commission on Cargo Theft
18 and Trucking Security.--
19 (1) For the purposes of this section, the term
20 "commission" means the Statewide Study Commission on Cargo
21 Theft and Trucking Security.
22 (2) The Legislature finds that the theft of cargo from
23 commercial trucking vehicles, as well as the theft of the
24 vehicles, in this state are increasing. Losses from these
25 thefts have a considerable negative impact on businesses and
26 commerce in this state. The Legislature further finds that the
27 creation of a Statewide Study Commission on Cargo Theft and
28 Trucking Security issues to collect information and testimony
29 would be of benefit to the state and to the Legislature in
30 determining appropriate safety and homeland security measures.
31 The purpose of the commission is to address cargo theft
1
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 issues, including, but not limited to, measures that would
2 mandate action by the trucking industry.
3 (3) The Statewide Study Commission on Cargo Theft and
4 Trucking Security is created and is assigned to the Department
5 of Transportation for administrative and fiscal purposes only.
6 The commission shall be staffed by the Office of Motor Carrier
7 Compliance in the Department of Transportation.
8 (4) The commission shall consist of eight members,
9 including:
10 (a) A member of the trucking industry in this state
11 who is not a member of the Florida Trucking Association or the
12 American Trucking Association, appointed by the Governor.
13 (b) A member of the Senate appointed by the President
14 of the Senate.
15 (c) A member of the House of Representatives appointed
16 by the Speaker of the House of Representatives.
17 (d) The Director of the Office of Motor Carrier
18 Compliance in the Department of Transportation or the
19 director's designee.
20 (e) The President of the Florida Sheriff's Association
21 or the president's designee.
22 (f) The President of the Florida Trucking Association
23 or the president's designee.
24 (g) The head of the Tactical Operations Multi-Agency
25 Cargo Anti-Theft Task Force or that person's designee.
26 (h) The President of the Florida Retail Federation or
27 the president's designee.
28 (5) Members of the commission who are subject to
29 appointment must be appointed by May 1, 2004. All members of
30 the commission shall convene by June 1, 2004, to organize and
31 select a chairperson for the commission. The director of the
2
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 Office of Motor Carrier Compliance in the Department of
2 Transportation shall set the first meeting date. The
3 chairperson of the commission shall set the dates of
4 subsequent meetings.
5 (6) A vacancy of an appointed member of the commission
6 shall be filled in the same manner as the original
7 appointment. A vacancy of a member who may select a designee
8 shall be filled by the member's selected designee, or, if the
9 vacancy concerns a member's selected designee, shall be filled
10 by the member or another designee selected by the member.
11 Vacancies must be filled as soon as possible.
12 (7) The commission shall hold its meetings within the
13 state. Meetings of the commission shall be open to the public.
14 (8) Members of the commission shall serve without
15 compensation but are entitled to receive reimbursement for
16 travel and per diem expenses, as provided by section 112.061,
17 Florida Statutes, while carrying out official business of the
18 commission.
19 (9) The commission shall examine issues related to
20 cargo theft and trucking security and shall make findings and
21 recommendations on matters including, but not limited to:
22 (a) The scope and breadth of the cargo theft problem
23 in this state.
24 (b) The costs and benefits of mandating that security
25 devices be installed on certain vehicles; the parameters of
26 such a potential mandate; and the potential effects of any
27 such mandate on the efficient flow of commerce in this state.
28 (c) The use of technological advances to protect cargo
29 shipments.
30 (d) Recommended language for legislation addressing
31 cargo theft and trucking security, if necessary for
3
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 consideration by the Legislature.
2 (e) Best practices regarding trucking security which
3 are used by industry and other private-sector entities and by
4 public-sector entities.
5 (10) The commission shall state its findings and
6 recommendations in an official report that is adopted by the
7 commission members and transmitted to the Governor, the
8 President of the Senate, and the Speaker of the House of
9 Representatives by January 1, 2005. If the commission
10 recommends legislation, the report shall include an appendix
11 containing a draft of legislation proposed by the commission.
12 The commission shall automatically expire upon submission of
13 its report to the Governor and the Legislature.
14 Section 2. Subsections (1) and (2) of section 812.014,
15 Florida Statutes, are amended to read:
16 812.014 Theft.--
17 (1) A person commits theft if he or she knowingly
18 obtains or uses, or endeavors to obtain or to use, the
19 property of another with intent to, either temporarily or
20 permanently:
21 (a) Deprive the other person of a right to the
22 property or a benefit from the property.
23 (b) Appropriate the property to his or her own use or
24 to the use of any person not entitled to the use of the
25 property.
26 (2)(a)1. If the property stolen is valued at $100,000
27 or more; or
28 2. If the property stolen is a semitrailer as defined
29 in s. 316.003, which was deployed by a law enforcement agency,
30 or is cargo valued at $50,000 or more that has entered the
31 stream of interstate or intrastate commerce from the shipper's
4
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 loading platform to the consignee's receiving dock; or
2 3. If the offender commits any grand theft and:
3 a. In the course of committing the offense the
4 offender uses a motor vehicle as an instrumentality, other
5 than merely as a getaway vehicle, to assist in committing the
6 offense and thereby damages the real property of another; or
7 b. In the course of committing the offense the
8 offender causes damage to the real or personal property of
9 another in excess of $1,000,
10
11 the offender commits grand theft in the first degree,
12 punishable as a felony of the first degree, as provided in s.
13 775.082, s. 775.083, or s. 775.084.
14 (b)1. If the property stolen is valued at $20,000 or
15 more, but less than $100,000;
16 2. The property stolen is cargo valued at less than
17 $50,000 that has entered the stream of interstate or
18 intrastate commerce from the shipper's loading platform to the
19 consignee's receiving dock; or
20 3. The property stolen is emergency medical equipment,
21 valued at $300 or more, that is taken from a facility licensed
22 under chapter 395 or from an aircraft or vehicle permitted
23 under chapter 401,
24
25 the offender commits grand theft in the second degree,
26 punishable as a felony of the second degree, as provided in s.
27 775.082, s. 775.083, or s. 775.084. Emergency medical
28 equipment means mechanical or electronic apparatus used to
29 provide emergency services and care as defined in s.
30 395.002(10) or to treat medical emergencies.
31 (c) It is grand theft of the third degree and a felony
5
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 of the third degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084, if the property stolen is:
3 1. Valued at $300 or more, but less than $5,000.
4 2. Valued at $5,000 or more, but less than $10,000.
5 3. Valued at $10,000 or more, but less than $20,000.
6 4. A will, codicil, or other testamentary instrument.
7 5. A firearm.
8 6. A motor vehicle, except as provided in paragraph
9 (2)(a).
10 7. Any commercially farmed animal, including any
11 animal of the equine, bovine, or swine class, or other grazing
12 animal, and including aquaculture species raised at a
13 certified aquaculture facility. If the property stolen is
14 aquaculture species raised at a certified aquaculture
15 facility, then a $10,000 fine shall be imposed.
16 8. Any fire extinguisher.
17 9. Any amount of citrus fruit consisting of 2,000 or
18 more individual pieces of fruit.
19 10. Taken from a designated construction site
20 identified by the posting of a sign as provided for in s.
21 810.09(2)(d).
22 11. Any stop sign.
23 12. Anhydrous ammonia.
24 (d) It is grand theft of the third degree and a felony
25 of the third degree, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084, if the property stolen is valued at
27 $100 or more, but less than $300, and is taken from a dwelling
28 as defined in s. 810.011(2) or from the unenclosed curtilage
29 of a dwelling pursuant to s. 810.09(1).
30 (e) Except as provided in paragraph (d), if the
31 property stolen is valued at $100 or more, but less than $300,
6
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 the offender commits petit theft of the first degree,
2 punishable as a misdemeanor of the first degree, as provided
3 in s. 775.082 or s. 775.083.
4 Section 3. Section 812.0147, Florida Statutes, is
5 created to read:
6 812.0147 Unlawful possession or use of a fifth
7 wheel.--
8 (1) It is unlawful for any person to modify, alter, or
9 attempt to alter, or, if altered, to sell, possess, offer for
10 sale, move, or cause to be moved onto the highways of this
11 state a fifth wheel, with the intent to use the altered fifth
12 wheel to commit or attempt to commit theft. For the purposes
13 of this section, the term "fifth wheel" applies only to a
14 fifth wheel on a truck tractor as defined in s. 320.01.
15 (2) A person who violates subsection (1) commits a
16 felony of the second degree, punishable as provided in s.
17 775.082, s. 775.083, or s. 775.084.
18 Section 4. Paragraphs (f), (g), (h), and (i) of
19 subsection (3) of section 921.0022, Florida Statutes, are
20 amended to read:
21 921.0022 Criminal Punishment Code; offense severity
22 ranking chart.--
23 (3) OFFENSE SEVERITY RANKING CHART
24
25 Florida Felony
26 Statute Degree Description
27
28
29 (f) LEVEL 6
30 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
31 conviction.
7
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 499.0051(3) 2nd Forgery of pedigree papers.
2 499.0051(4) 2nd Purchase or receipt of legend
3 drug from unauthorized person.
4 499.0051(5) 2nd Sale of legend drug to
5 unauthorized person.
6 775.0875(1) 3rd Taking firearm from law
7 enforcement officer.
8 775.21(10) 3rd Sexual predators; failure to
9 register; failure to renew
10 driver's license or
11 identification card.
12 784.021(1)(a) 3rd Aggravated assault; deadly weapon
13 without intent to kill.
14 784.021(1)(b) 3rd Aggravated assault; intent to
15 commit felony.
16 784.041 3rd Felony battery.
17 784.048(3) 3rd Aggravated stalking; credible
18 threat.
19 784.048(5) 3rd Aggravated stalking of person
20 under 16.
21 784.07(2)(c) 2nd Aggravated assault on law
22 enforcement officer.
23 784.074(1)(b) 2nd Aggravated assault on sexually
24 violent predators facility staff.
25 784.08(2)(b) 2nd Aggravated assault on a person 65
26 years of age or older.
27 784.081(2) 2nd Aggravated assault on specified
28 official or employee.
29 784.082(2) 2nd Aggravated assault by detained
30 person on visitor or other
31 detainee.
8
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 784.083(2) 2nd Aggravated assault on code
2 inspector.
3 787.02(2) 3rd False imprisonment; restraining
4 with purpose other than those in
5 s. 787.01.
6 790.115(2)(d) 2nd Discharging firearm or weapon on
7 school property.
8 790.161(2) 2nd Make, possess, or throw
9 destructive device with intent to
10 do bodily harm or damage
11 property.
12 790.164(1) 2nd False report of deadly explosive,
13 weapon of mass destruction, or
14 act of arson or violence to state
15 property.
16 790.19 2nd Shooting or throwing deadly
17 missiles into dwellings, vessels,
18 or vehicles.
19 794.011(8)(a) 3rd Solicitation of minor to
20 participate in sexual activity by
21 custodial adult.
22 794.05(1) 2nd Unlawful sexual activity with
23 specified minor.
24 800.04(5)(d) 3rd Lewd or lascivious molestation;
25 victim 12 years of age or older
26 but less than 16 years; offender
27 less than 18 years.
28 800.04(6)(b) 2nd Lewd or lascivious conduct;
29 offender 18 years of age or
30 older.
31
9
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 806.031(2) 2nd Arson resulting in great bodily
2 harm to firefighter or any other
3 person.
4 810.02(3)(c) 2nd Burglary of occupied structure;
5 unarmed; no assault or battery.
6 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
7 but less than $100,000, grand
8 theft in 2nd degree.
9 812.014(2)(b)2. 2nd Property stolen; cargo valued at
10 less than $50,000, grand theft in
11 2nd degree.
12 812.015(9) 2nd Retail theft; property stolen
13 $300 or more; second or
14 subsequent conviction.
15 812.13(2)(c) 2nd Robbery, no firearm or other
16 weapon (strong-arm robbery).
17 817.034(4)(a)1. 1st Communications fraud, value
18 greater than $50,000.
19 817.4821(5) 2nd Possess cloning paraphernalia
20 with intent to create cloned
21 cellular telephones.
22 825.102(1) 3rd Abuse of an elderly person or
23 disabled adult.
24 825.102(3)(c) 3rd Neglect of an elderly person or
25 disabled adult.
26 825.1025(3) 3rd Lewd or lascivious molestation of
27 an elderly person or disabled
28 adult.
29 825.103(2)(c) 3rd Exploiting an elderly person or
30 disabled adult and property is
31 valued at less than $20,000.
10
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 827.03(1) 3rd Abuse of a child.
2 827.03(3)(c) 3rd Neglect of a child.
3 827.071(2)&(3) 2nd Use or induce a child in a sexual
4 performance, or promote or direct
5 such performance.
6 836.05 2nd Threats; extortion.
7 836.10 2nd Written threats to kill or do
8 bodily injury.
9 843.12 3rd Aids or assists person to escape.
10 847.0135(3) 3rd Solicitation of a child, via a
11 computer service, to commit an
12 unlawful sex act.
13 914.23 2nd Retaliation against a witness,
14 victim, or informant, with bodily
15 injury.
16 943.0435(9) 3rd Sex offenders; failure to comply
17 with reporting requirements.
18 944.35(3)(a)2. 3rd Committing malicious battery upon
19 or inflicting cruel or inhuman
20 treatment on an inmate or
21 offender on community
22 supervision, resulting in great
23 bodily harm.
24 944.40 2nd Escapes.
25 944.46 3rd Harboring, concealing, aiding
26 escaped prisoners.
27 944.47(1)(a)5. 2nd Introduction of contraband
28 (firearm, weapon, or explosive)
29 into correctional facility.
30 951.22(1) 3rd Intoxicating drug, firearm, or
31 weapon introduced into county
11
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 facility.
2 (g) LEVEL 7
3 316.027(1)(b) 2nd Accident involving death, failure
4 to stop; leaving scene.
5 316.193(3)(c)2. 3rd DUI resulting in serious bodily
6 injury.
7 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
8 bodily injury.
9 402.319(2) 2nd Misrepresentation and negligence
10 or intentional act resulting in
11 great bodily harm, permanent
12 disfiguration, permanent
13 disability, or death.
14 409.920(2) 3rd Medicaid provider fraud.
15 456.065(2) 3rd Practicing a health care
16 profession without a license.
17 456.065(2) 2nd Practicing a health care
18 profession without a license
19 which results in serious bodily
20 injury.
21 458.327(1) 3rd Practicing medicine without a
22 license.
23 459.013(1) 3rd Practicing osteopathic medicine
24 without a license.
25 460.411(1) 3rd Practicing chiropractic medicine
26 without a license.
27 461.012(1) 3rd Practicing podiatric medicine
28 without a license.
29 462.17 3rd Practicing naturopathy without a
30 license.
31
12
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 463.015(1) 3rd Practicing optometry without a
2 license.
3 464.016(1) 3rd Practicing nursing without a
4 license.
5 465.015(2) 3rd Practicing pharmacy without a
6 license.
7 466.026(1) 3rd Practicing dentistry or dental
8 hygiene without a license.
9 467.201 3rd Practicing midwifery without a
10 license.
11 468.366 3rd Delivering respiratory care
12 services without a license.
13 483.828(1) 3rd Practicing as clinical laboratory
14 personnel without a license.
15 483.901(9) 3rd Practicing medical physics
16 without a license.
17 484.013(1)(c) 3rd Preparing or dispensing optical
18 devices without a prescription.
19 484.053 3rd Dispensing hearing aids without a
20 license.
21 494.0018(2) 1st Conviction of any violation of
22 ss. 494.001-494.0077 in which the
23 total money and property
24 unlawfully obtained exceeded
25 $50,000 and there were five or
26 more victims.
27 560.123(8)(b)1. 3rd Failure to report currency or
28 payment instruments exceeding
29 $300 but less than $20,000 by
30 money transmitter.
31
13
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 560.125(5)(a) 3rd Money transmitter business by
2 unauthorized person, currency or
3 payment instruments exceeding
4 $300 but less than $20,000.
5 655.50(10)(b)1. 3rd Failure to report financial
6 transactions exceeding $300 but
7 less than $20,000 by financial
8 institution.
9 782.051(3) 2nd Attempted felony murder of a
10 person by a person other than the
11 perpetrator or the perpetrator of
12 an attempted felony.
13 782.07(1) 2nd Killing of a human being by the
14 act, procurement, or culpable
15 negligence of another
16 (manslaughter).
17 782.071 2nd Killing of human being or viable
18 fetus by the operation of a motor
19 vehicle in a reckless manner
20 (vehicular homicide).
21 782.072 2nd Killing of a human being by the
22 operation of a vessel in a
23 reckless manner (vessel
24 homicide).
25 784.045(1)(a)1. 2nd Aggravated battery; intentionally
26 causing great bodily harm or
27 disfigurement.
28 784.045(1)(a)2. 2nd Aggravated battery; using deadly
29 weapon.
30 784.045(1)(b) 2nd Aggravated battery; perpetrator
31 aware victim pregnant.
14
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 784.048(4) 3rd Aggravated stalking; violation of
2 injunction or court order.
3 784.07(2)(d) 1st Aggravated battery on law
4 enforcement officer.
5 784.074(1)(a) 1st Aggravated battery on sexually
6 violent predators facility staff.
7 784.08(2)(a) 1st Aggravated battery on a person 65
8 years of age or older.
9 784.081(1) 1st Aggravated battery on specified
10 official or employee.
11 784.082(1) 1st Aggravated battery by detained
12 person on visitor or other
13 detainee.
14 784.083(1) 1st Aggravated battery on code
15 inspector.
16 790.07(4) 1st Specified weapons violation
17 subsequent to previous conviction
18 of s. 790.07(1) or (2).
19 790.16(1) 1st Discharge of a machine gun under
20 specified circumstances.
21 790.165(2) 2nd Manufacture, sell, possess, or
22 deliver hoax bomb.
23 790.165(3) 2nd Possessing, displaying, or
24 threatening to use any hoax bomb
25 while committing or attempting to
26 commit a felony.
27 790.166(3) 2nd Possessing, selling, using, or
28 attempting to use a hoax weapon
29 of mass destruction.
30 790.166(4) 2nd Possessing, displaying, or
31 threatening to use a hoax weapon
15
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 of mass destruction while
2 committing or attempting to
3 commit a felony.
4 796.03 2nd Procuring any person under 16
5 years for prostitution.
6 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
7 victim less than 12 years of age;
8 offender less than 18 years.
9 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
10 victim 12 years of age or older
11 but less than 16 years; offender
12 18 years or older.
13 806.01(2) 2nd Maliciously damage structure by
14 fire or explosive.
15 810.02(3)(a) 2nd Burglary of occupied dwelling;
16 unarmed; no assault or battery.
17 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(d) 2nd Burglary of occupied conveyance;
20 unarmed; no assault or battery.
21 812.014(2)(a)1.&3. 1st Property stolen, valued at
22 $100,000 or more; cargo stolen
23 valued at $50,000 or more;
24 property stolen while causing
25 other property damage; 1st degree
26 grand theft.
27 812.014(2)(b)3. 2nd Property stolen, emergency
28 medical equipment; 2nd degree
29 grand theft.
30 812.0145(2)(a) 1st Theft from person 65 years of age
31 or older; $50,000 or more.
16
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 812.019(2) 1st Stolen property; initiates,
2 organizes, plans, etc., the theft
3 of property and traffics in
4 stolen property.
5 812.131(2)(a) 2nd Robbery by sudden snatching.
6 812.133(2)(b) 1st Carjacking; no firearm, deadly
7 weapon, or other weapon.
8 817.234(8)(a) 2nd Solicitation of motor vehicle
9 accident victims with intent to
10 defraud.
11 817.234(9) 2nd Organizing, planning, or
12 participating in an intentional
13 motor vehicle collision.
14 817.234(11)(c) 1st Insurance fraud; property value
15 $100,000 or more.
16 817.2341(2)(b)&
17 (3)(b) 1st Making false entries of material
18 fact or false statements
19 regarding property values
20 relating to the solvency of an
21 insuring entity which are a
22 significant cause of the
23 insolvency of that entity.
24 825.102(3)(b) 2nd Neglecting an elderly person or
25 disabled adult causing great
26 bodily harm, disability, or
27 disfigurement.
28 825.103(2)(b) 2nd Exploiting an elderly person or
29 disabled adult and property is
30 valued at $20,000 or more, but
31 less than $100,000.
17
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 827.03(3)(b) 2nd Neglect of a child causing great
2 bodily harm, disability, or
3 disfigurement.
4 827.04(3) 3rd Impregnation of a child under 16
5 years of age by person 21 years
6 of age or older.
7 837.05(2) 3rd Giving false information about
8 alleged capital felony to a law
9 enforcement officer.
10 838.015 2nd Bribery.
11 838.016 2nd Unlawful compensation or reward
12 for official behavior.
13 838.021(3)(a) 2nd Unlawful harm to a public
14 servant.
15 838.22 2nd Bid tampering.
16 872.06 2nd Abuse of a dead human body.
17 893.13(1)(c)1. 1st Sell, manufacture, or deliver
18 cocaine (or other drug prohibited
19 under s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4.) within 1,000 feet of a
22 child care facility, school, or
23 state, county, or municipal park
24 or publicly owned recreational
25 facility or community center.
26 893.13(1)(e)1. 1st Sell, manufacture, or deliver
27 cocaine or other drug prohibited
28 under s. 893.03(1)(a), (1)(b),
29 (1)(d), (2)(a), (2)(b), or
30 (2)(c)4., within 1,000 feet of
31 property used for religious
18
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 services or a specified business
2 site.
3 893.13(4)(a) 1st Deliver to minor cocaine (or
4 other s. 893.03(1)(a), (1)(b),
5 (1)(d), (2)(a), (2)(b), or
6 (2)(c)4. drugs).
7 893.135(1)(a)1. 1st Trafficking in cannabis, more
8 than 25 lbs., less than 2,000
9 lbs.
10 893.135
11 (1)(b)1.a. 1st Trafficking in cocaine, more than
12 28 grams, less than 200 grams.
13 893.135
14 (1)(c)1.a. 1st Trafficking in illegal drugs,
15 more than 4 grams, less than 14
16 grams.
17 893.135
18 (1)(d)1. 1st Trafficking in phencyclidine,
19 more than 28 grams, less than 200
20 grams.
21 893.135(1)(e)1. 1st Trafficking in methaqualone, more
22 than 200 grams, less than 5
23 kilograms.
24 893.135(1)(f)1. 1st Trafficking in amphetamine, more
25 than 14 grams, less than 28
26 grams.
27 893.135
28 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
29 grams or more, less than 14
30 grams.
31
19
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 893.135
2 (1)(h)1.a. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 1 kilogram or more, less than 5
5 kilograms.
6 893.135
7 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
8 kilogram or more, less than 5
9 kilograms.
10 893.135
11 (1)(k)2.a. 1st Trafficking in Phenethylamines,
12 10 grams or more, less than 200
13 grams.
14 896.101(5)(a) 3rd Money laundering, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 896.104(4)(a)1. 3rd Structuring transactions to evade
18 reporting or registration
19 requirements, financial
20 transactions exceeding $300 but
21 less than $20,000.
22 (h) LEVEL 8
23 316.193
24 (3)(c)3.a. 2nd DUI manslaughter.
25 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
26 499.0051(7) 1st Forgery of prescription or legend
27 drug labels.
28 499.0052 1st Trafficking in contraband legend
29 drugs.
30 560.123(8)(b)2. 2nd Failure to report currency or
31 payment instruments totaling or
20
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 exceeding $20,000, but less than
2 $100,000 by money transmitter.
3 560.125(5)(b) 2nd Money transmitter business by
4 unauthorized person, currency or
5 payment instruments totaling or
6 exceeding $20,000, but less than
7 $100,000.
8 655.50(10)(b)2. 2nd Failure to report financial
9 transactions totaling or
10 exceeding $20,000, but less than
11 $100,000 by financial
12 institutions.
13 777.03(2)(a) 1st Accessory after the fact, capital
14 felony.
15 782.04(4) 2nd Killing of human without design
16 when engaged in act or attempt of
17 any felony other than arson,
18 sexual battery, robbery,
19 burglary, kidnapping, aircraft
20 piracy, or unlawfully discharging
21 bomb.
22 782.051(2) 1st Attempted felony murder while
23 perpetrating or attempting to
24 perpetrate a felony not
25 enumerated in s. 782.04(3).
26 782.071(1)(b) 1st Committing vehicular homicide and
27 failing to render aid or give
28 information.
29 782.072(2) 1st Committing vessel homicide and
30 failing to render aid or give
31 information.
21
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 790.161(3) 1st Discharging a destructive device
2 which results in bodily harm or
3 property damage.
4 794.011(5) 2nd Sexual battery, victim 12 years
5 or over, offender does not use
6 physical force likely to cause
7 serious injury.
8 800.04(4) 2nd Lewd or lascivious battery.
9 806.01(1) 1st Maliciously damage dwelling or
10 structure by fire or explosive,
11 believing person in structure.
12 810.02(2)(a) 1st,PBL Burglary with assault or battery.
13 810.02(2)(b) 1st,PBL Burglary; armed with explosives
14 or dangerous weapon.
15 810.02(2)(c) 1st Burglary of a dwelling or
16 structure causing structural
17 damage or $1,000 or more property
18 damage.
19 812.014(2)(b)2. 2nd Property stolen; cargo valued at
20 less than $50,000; 2nd degree
21 grand theft.
22 812.13(2)(b) 1st Robbery with a weapon.
23 812.135(2) 1st Home-invasion robbery.
24 817.568(6) 2nd Fraudulent use of personal
25 identification information of an
26 individual under the age of 18.
27 825.102(2) 2nd Aggravated abuse of an elderly
28 person or disabled adult.
29 825.1025(2) 2nd Lewd or lascivious battery upon
30 an elderly person or disabled
31 adult.
22
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 825.103(2)(a) 1st Exploiting an elderly person or
2 disabled adult and property is
3 valued at $100,000 or more.
4 837.02(2) 2nd Perjury in official proceedings
5 relating to prosecution of a
6 capital felony.
7 837.021(2) 2nd Making contradictory statements
8 in official proceedings relating
9 to prosecution of a capital
10 felony.
11 860.121(2)(c) 1st Shooting at or throwing any
12 object in path of railroad
13 vehicle resulting in great bodily
14 harm.
15 860.16 1st Aircraft piracy.
16 893.13(1)(b) 1st Sell or deliver in excess of 10
17 grams of any substance specified
18 in s. 893.03(1)(a) or (b).
19 893.13(2)(b) 1st Purchase in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.13(6)(c) 1st Possess in excess of 10 grams of
23 any substance specified in s.
24 893.03(1)(a) or (b).
25 893.135(1)(a)2. 1st Trafficking in cannabis, more
26 than 2,000 lbs., less than 10,000
27 lbs.
28 893.135
29 (1)(b)1.b. 1st Trafficking in cocaine, more than
30 200 grams, less than 400 grams.
31
23
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 893.135
2 (1)(c)1.b. 1st Trafficking in illegal drugs,
3 more than 14 grams, less than 28
4 grams.
5 893.135
6 (1)(d)1.b. 1st Trafficking in phencyclidine,
7 more than 200 grams, less than
8 400 grams.
9 893.135
10 (1)(e)1.b. 1st Trafficking in methaqualone, more
11 than 5 kilograms, less than 25
12 kilograms.
13 893.135
14 (1)(f)1.b. 1st Trafficking in amphetamine, more
15 than 28 grams, less than 200
16 grams.
17 893.135
18 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
19 grams or more, less than 28
20 grams.
21 893.135
22 (1)(h)1.b. 1st Trafficking in
23 gamma-hydroxybutyric acid (GHB),
24 5 kilograms or more, less than 10
25 kilograms.
26 893.135
27 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
28 kilograms or more, less than 10
29 kilograms.
30 893.135
31 (1)(k)2.b. 1st Trafficking in Phenethylamines,
24
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 200 grams or more, less than 400
2 grams.
3 895.03(1) 1st Use or invest proceeds derived
4 from pattern of racketeering
5 activity.
6 895.03(2) 1st Acquire or maintain through
7 racketeering activity any
8 interest in or control of any
9 enterprise or real property.
10 895.03(3) 1st Conduct or participate in any
11 enterprise through pattern of
12 racketeering activity.
13 896.101(5)(b) 2nd Money laundering, financial
14 transactions totaling or
15 exceeding $20,000, but less than
16 $100,000.
17 896.104(4)(a)2. 2nd Structuring transactions to evade
18 reporting or registration
19 requirements, financial
20 transactions totaling or
21 exceeding $20,000 but less than
22 $100,000.
23 (i) LEVEL 9
24 316.193
25 (3)(c)3.b. 1st DUI manslaughter; failing to
26 render aid or give information.
27 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
28 render aid or give information.
29 499.0053 1st Sale or purchase of contraband
30 legend drugs resulting in great
31 bodily harm.
25
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 560.123(8)(b)3. 1st Failure to report currency or
2 payment instruments totaling or
3 exceeding $100,000 by money
4 transmitter.
5 560.125(5)(c) 1st Money transmitter business by
6 unauthorized person, currency, or
7 payment instruments totaling or
8 exceeding $100,000.
9 655.50(10)(b)3. 1st Failure to report financial
10 transactions totaling or
11 exceeding $100,000 by financial
12 institution.
13 775.0844 1st Aggravated white collar crime.
14 782.04(1) 1st Attempt, conspire, or solicit to
15 commit premeditated murder.
16 782.04(3) 1st,PBL Accomplice to murder in
17 connection with arson, sexual
18 battery, robbery, burglary, and
19 other specified felonies.
20 782.051(1) 1st Attempted felony murder while
21 perpetrating or attempting to
22 perpetrate a felony enumerated in
23 s. 782.04(3).
24 782.07(2) 1st Aggravated manslaughter of an
25 elderly person or disabled adult.
26 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
27 reward or as a shield or hostage.
28 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
29 or facilitate commission of any
30 felony.
31
26
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
2 interfere with performance of any
3 governmental or political
4 function.
5 787.02(3)(a) 1st False imprisonment; child under
6 age 13; perpetrator also commits
7 aggravated child abuse, sexual
8 battery, or lewd or lascivious
9 battery, molestation, conduct, or
10 exhibition.
11 790.161 1st Attempted capital destructive
12 device offense.
13 790.166(2) 1st,PBL Possessing, selling, using, or
14 attempting to use a weapon of
15 mass destruction.
16 794.011(2) 1st Attempted sexual battery; victim
17 less than 12 years of age.
18 794.011(2) Life Sexual battery; offender younger
19 than 18 years and commits sexual
20 battery on a person less than 12
21 years.
22 794.011(4) 1st Sexual battery; victim 12 years
23 or older, certain circumstances.
24 794.011(8)(b) 1st Sexual battery; engage in sexual
25 conduct with minor 12 to 18 years
26 by person in familial or
27 custodial authority.
28 800.04(5)(b) 1st Lewd or lascivious molestation;
29 victim less than 12 years;
30 offender 18 years or older.
31
27
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 812.014(2)(a)2. 1st Property stolen; semi-trailer
2 deployed by law enforcement
3 agency or cargo valued at $50,000
4 or more; 1st degree grand theft.
5 812.13(2)(a) 1st,PBL Robbery with firearm or other
6 deadly weapon.
7 812.133(2)(a) 1st,PBL Carjacking; firearm or other
8 deadly weapon.
9 817.568(7) 2nd,PBL Fraudulent use of personal
10 identification information of an
11 individual under the age of 18 by
12 his or her parent, legal
13 guardian, or person exercising
14 custodial authority.
15 827.03(2) 1st Aggravated child abuse.
16 847.0145(1) 1st Selling, or otherwise
17 transferring custody or control,
18 of a minor.
19 847.0145(2) 1st Purchasing, or otherwise
20 obtaining custody or control, of
21 a minor.
22 859.01 1st Poisoning or introducing
23 bacteria, radioactive materials,
24 viruses, or chemical compounds
25 into food, drink, medicine, or
26 water with intent to kill or
27 injure another person.
28 893.135 1st Attempted capital trafficking
29 offense.
30 893.135(1)(a)3. 1st Trafficking in cannabis, more
31 than 10,000 lbs.
28
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 893.135
2 (1)(b)1.c. 1st Trafficking in cocaine, more than
3 400 grams, less than 150
4 kilograms.
5 893.135
6 (1)(c)1.c. 1st Trafficking in illegal drugs,
7 more than 28 grams, less than 30
8 kilograms.
9 893.135
10 (1)(d)1.c. 1st Trafficking in phencyclidine,
11 more than 400 grams.
12 893.135
13 (1)(e)1.c. 1st Trafficking in methaqualone, more
14 than 25 kilograms.
15 893.135
16 (1)(f)1.c. 1st Trafficking in amphetamine, more
17 than 200 grams.
18 893.135
19 (1)(h)1.c. 1st Trafficking in
20 gamma-hydroxybutyric acid (GHB),
21 10 kilograms or more.
22 893.135
23 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
24 kilograms or more.
25 893.135
26 (1)(k)2.c. 1st Trafficking in Phenethylamines,
27 400 grams or more.
28 896.101(5)(c) 1st Money laundering, financial
29 instruments totaling or exceeding
30 $100,000.
31
29
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 896.104(4)(a)3. 1st Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions totaling or
5 exceeding $100,000.
6 Section 5. For the purpose of incorporating the
7 amendment made by this act to section 812.014, Florida
8 Statutes, in a reference thereto, subsection (17) of section
9 409.910, Florida Statutes, is reenacted to read:
10 409.910 Responsibility for payments on behalf of
11 Medicaid-eligible persons when other parties are liable.--
12 (17) A recipient or his or her legal representative or
13 any person representing, or acting as agent for, a recipient
14 or the recipient's legal representative, who has notice,
15 excluding notice charged solely by reason of the recording of
16 the lien pursuant to paragraph (6)(c), or who has actual
17 knowledge of the agency's rights to third-party benefits under
18 this section, who receives any third-party benefit or proceeds
19 therefrom for a covered illness or injury, is required either
20 to pay the agency, within 60 days after receipt of settlement
21 proceeds, the full amount of the third-party benefits, but not
22 in excess of the total medical assistance provided by
23 Medicaid, or to place the full amount of the third-party
24 benefits in a trust account for the benefit of the agency
25 pending judicial or administrative determination of the
26 agency's right thereto. Proof that any such person had notice
27 or knowledge that the recipient had received medical
28 assistance from Medicaid, and that third-party benefits or
29 proceeds therefrom were in any way related to a covered
30 illness or injury for which Medicaid had provided medical
31 assistance, and that any such person knowingly obtained
30
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 possession or control of, or used, third-party benefits or
2 proceeds and failed either to pay the agency the full amount
3 required by this section or to hold the full amount of
4 third-party benefits or proceeds in trust pending judicial or
5 administrative determination, unless adequately explained,
6 gives rise to an inference that such person knowingly failed
7 to credit the state or its agent for payments received from
8 social security, insurance, or other sources, pursuant to s.
9 414.39(4)(b), and acted with the intent set forth in s.
10 812.014(1).
11 (a) In cases of suspected criminal violations or
12 fraudulent activity, the agency may take any civil action
13 permitted at law or equity to recover the greatest possible
14 amount, including, without limitation, treble damages under
15 ss. 772.11 and 812.035(7).
16 (b) The agency is authorized to investigate and to
17 request appropriate officers or agencies of the state to
18 investigate suspected criminal violations or fraudulent
19 activity related to third-party benefits, including, without
20 limitation, ss. 414.39 and 812.014. Such requests may be
21 directed, without limitation, to the Medicaid Fraud Control
22 Unit of the Office of the Attorney General, or to any state
23 attorney. Pursuant to s. 409.913, the Attorney General has
24 primary responsibility to investigate and control Medicaid
25 fraud.
26 (c) In carrying out duties and responsibilities
27 related to Medicaid fraud control, the agency may subpoena
28 witnesses or materials within or outside the state and,
29 through any duly designated employee, administer oaths and
30 affirmations and collect evidence for possible use in either
31 civil or criminal judicial proceedings.
31
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 (d) All information obtained and documents prepared
2 pursuant to an investigation of a Medicaid recipient, the
3 recipient's legal representative, or any other person relating
4 to an allegation of recipient fraud or theft is confidential
5 and exempt from s. 119.07(1):
6 1. Until such time as the agency takes final agency
7 action;
8 2. Until such time as the Department of Legal Affairs
9 refers the case for criminal prosecution;
10 3. Until such time as an indictment or criminal
11 information is filed by a state attorney in a criminal case;
12 or
13 4. At all times if otherwise protected by law.
14 Section 6. For the purpose of incorporating the
15 amendment made by this act to section 812.014, Florida
16 Statutes, in a reference thereto, subsection (2) of section
17 538.23, Florida Statutes, is reenacted to read:
18 538.23 Violations and penalties.--
19 (2) A secondary metals recycler is presumed to know
20 upon receipt of stolen regulated metals property in a purchase
21 transaction that the regulated metals property has been stolen
22 from another if the secondary metals recycler knowingly and
23 intentionally fails to maintain the information required in s.
24 538.19 and shall, upon conviction of a violation of s.
25 812.015, be punished as provided in s. 812.014(2) or (3).
26 Section 7. For the purpose of incorporating the
27 amendment made by this act to section 812.014, Florida
28 Statutes, in a reference thereto, paragraph (a) of subsection
29 (1) of section 985.227, Florida Statutes, is reenacted to
30 read:
31 985.227 Prosecution of juveniles as adults by the
32
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 direct filing of an information in the criminal division of
2 the circuit court; discretionary criteria; mandatory
3 criteria.--
4 (1) DISCRETIONARY DIRECT FILE; CRITERIA.--
5 (a) With respect to any child who was 14 or 15 years
6 of age at the time the alleged offense was committed, the
7 state attorney may file an information when in the state
8 attorney's judgment and discretion the public interest
9 requires that adult sanctions be considered or imposed and
10 when the offense charged is for the commission of, attempt to
11 commit, or conspiracy to commit:
12 1. Arson;
13 2. Sexual battery;
14 3. Robbery;
15 4. Kidnapping;
16 5. Aggravated child abuse;
17 6. Aggravated assault;
18 7. Aggravated stalking;
19 8. Murder;
20 9. Manslaughter;
21 10. Unlawful throwing, placing, or discharging of a
22 destructive device or bomb;
23 11. Armed burglary in violation of s. 810.02(2)(b) or
24 specified burglary of a dwelling or structure in violation of
25 s. 810.02(2)(c), or burglary with an assault or battery in
26 violation of s. 810.02(2)(a);
27 12. Aggravated battery;
28 13. Any lewd or lascivious offense committed upon or
29 in the presence of a person less than 16 years of age;
30 14. Carrying, displaying, using, threatening, or
31 attempting to use a weapon or firearm during the commission of
33
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 a felony;
2 15. Grand theft in violation of s. 812.014(2)(a);
3 16. Possessing or discharging any weapon or firearm on
4 school property in violation of s. 790.115;
5 17. Home invasion robbery;
6 18. Carjacking; or
7 19. Grand theft of a motor vehicle in violation of s.
8 812.014(2)(c)6. or grand theft of a motor vehicle valued at
9 $20,000 or more in violation of s. 812.014(2)(b) if the child
10 has a previous adjudication for grand theft of a motor vehicle
11 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
12 Section 8. This act shall take effect July 1, 2004,
13 except that this section and section 1 of this act shall take
14 effect upon becoming a law.
15
16
17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 Delete everything before the enacting clause
20
21 and insert:
22 A bill to be entitled
23 An act relating to theft; creating the
24 Statewide Study Commission on Cargo Theft and
25 Trucking Security; providing legislative
26 findings in support of creating the commission;
27 providing for membership; authorizing
28 reimbursement for travel and per diem expenses
29 for members while carrying out official
30 business of the commission; specifying
31 commission duties; requiring the commission to
34
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 report findings and recommendations to the
2 Governor and to legislative leaders by a
3 specified date; providing for expiration of the
4 commission upon the submission of its report;
5 providing for staffing of the commission;
6 providing that commission meetings must be held
7 within the state and must be open to the
8 public; amending s. 812.014, F.S.; providing
9 that the theft of a semitrailer deployed by a
10 law enforcement agency is grand theft of the
11 first degree, punishable as a felony of the
12 first degree; creating s. 812.0147, F.S.;
13 providing that it is a felony of the second
14 degree to commit certain acts involving a fifth
15 wheel or altered fifth wheel with the intent to
16 commit or attempt to commit theft; amending s.
17 921.0022, F.S.; increasing the
18 offense-severity-level ranking of offenses
19 involving cargo theft and providing a ranking
20 for a new offense involving the theft of a
21 semitrailer deployed by a law enforcement
22 agency; reenacting s. 409.910(17), F.S.,
23 relating to the responsibility for certain
24 payments on behalf of Medicaid-eligible persons
25 when other parties are liable; reenacting s.
26 538.23(2), F.S., relating to a presumption of
27 knowledge about stolen property which is
28 attributed to a secondary metals recycler in
29 specified circumstances; reenacting s.
30 985.227(1)(a), F.S., relating to offenses for
31 which a state attorney may consider or impose
35
1:46 PM 04/20/04 s0138c1c-07p1k
SENATE AMENDMENT
Bill No. CS for SB 138
Amendment No. ___ Barcode 563456
1 adult sanctions on a child who was 14 or 15
2 years of age when the alleged offense was
3 committed, to incorporate the amendment to s.
4 812.014, F.S., in references thereto; providing
5 effective dates.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
36
1:46 PM 04/20/04 s0138c1c-07p1k