Senate Bill sb0138

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    Florida Senate - 2004                                   SB 138

    By Senator Lynn





    7-25-04

  1                      A bill to be entitled

  2         An act relating to cargo theft; reenacting s.

  3         812.014(1) and (2), F.S., relating to theft;

  4         amending s. 921.0022, F.S.; reclassifying the

  5         offenses of cargo theft of the first degree and

  6         cargo theft of the second degree under the

  7         offense severity ranking chart of the Criminal

  8         Punishment Code to increase the penalties

  9         imposed for any such offense; providing an

10         effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Subsections (1) and (2) of section 812.014,

15  Florida Statutes, are reenacted 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 cargo valued at $50,000

29  or more that has entered the stream of interstate or

30  intrastate commerce from the shipper's loading platform to the

31  consignee's receiving dock; or

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    Florida Senate - 2004                                   SB 138
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 1         3.  If the offender commits any grand theft and:

 2         a.  In the course of committing the offense the

 3  offender uses a motor vehicle as an instrumentality, other

 4  than merely as a getaway vehicle, to assist in committing the

 5  offense and thereby damages the real property of another; or

 6         b.  In the course of committing the offense the

 7  offender causes damage to the real or personal property of

 8  another in excess of $1,000,

 9  

10  the offender commits grand theft in the first degree,

11  punishable as a felony of the first degree, as provided in s.

12  775.082, s. 775.083, or s. 775.084.

13         (b)1.  If the property stolen is valued at $20,000 or

14  more, but less than $100,000;

15         2.  The property stolen is cargo valued at less than

16  $50,000 that has entered the stream of interstate or

17  intrastate commerce from the shipper's loading platform to the

18  consignee's receiving dock; or

19         3.  The property stolen is emergency medical equipment,

20  valued at $300 or more, that is taken from a facility licensed

21  under chapter 395 or from an aircraft or vehicle permitted

22  under chapter 401,

23  

24  the offender commits grand theft in the second degree,

25  punishable as a felony of the second degree, as provided in s.

26  775.082, s. 775.083, or s. 775.084. Emergency medical

27  equipment means mechanical or electronic apparatus used to

28  provide emergency services and care as defined in s.

29  395.002(10) or to treat medical emergencies.

30  

31  

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 1         (c)  It is grand theft of the third degree and a felony

 2  of the third degree, punishable as provided in s. 775.082, s.

 3  775.083, or s. 775.084, if the property stolen is:

 4         1.  Valued at $300 or more, but less than $5,000.

 5         2.  Valued at $5,000 or more, but less than $10,000.

 6         3.  Valued at $10,000 or more, but less than $20,000.

 7         4.  A will, codicil, or other testamentary instrument.

 8         5.  A firearm.

 9         6.  A motor vehicle, except as provided in paragraph

10  (2)(a).

11         7.  Any commercially farmed animal, including any

12  animal of the equine, bovine, or swine class, or other grazing

13  animal, and including aquaculture species raised at a

14  certified aquaculture facility.  If the property stolen is

15  aquaculture species raised at a certified aquaculture

16  facility, then a $10,000 fine shall be imposed.

17         8.  Any fire extinguisher.

18         9.  Any amount of citrus fruit consisting of 2,000 or

19  more individual pieces of fruit.

20         10.  Taken from a designated construction site

21  identified by the posting of a sign as provided for in s.

22  810.09(2)(d).

23         11.  Any stop sign.

24         12.  Anyhydrous ammonia.

25         (d)  It is grand theft of the third degree and a felony

26  of the third degree, punishable as provided in s. 775.082, s.

27  775.083, or s. 775.084, if the property stolen is valued at

28  $100 or more, but less than $300, and is taken from a dwelling

29  as defined in s. 810.011(2) or from the unenclosed curtilage

30  of a dwelling pursuant to s. 810.09(1).

31  

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 1         (e)  Except as provided in paragraph (d), if the

 2  property stolen is valued at $100 or more, but less than $300,

 3  the offender commits petit theft of the first degree,

 4  punishable as a misdemeanor of the first degree, as provided

 5  in s. 775.082 or s. 775.083.

 6         Section 2.  Paragraphs (f), (g), and (h) of subsection

 7  (3) of section 921.0022, Florida Statutes, are amended to

 8  read:

 9         921.0022  Criminal Punishment Code; offense severity

10  ranking chart.--

11         (3)  OFFENSE SEVERITY RANKING CHART

12  

13  Florida           Felony

14  Statute           Degree             Description

15  

16                              

17                              (f)  LEVEL 6

18  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

19                              conviction.

20  499.0051(3)        2nd      Forgery of pedigree papers.

21  499.0051(4)        2nd      Purchase or receipt of legend

22                              drug from unauthorized person.

23  499.0051(5)        2nd      Sale of legend drug to

24                              unauthorized person.

25  775.0875(1)        3rd      Taking firearm from law

26                              enforcement officer.

27  775.21(10)         3rd      Sexual predators; failure to

28                              register; failure to renew

29                              driver's license or

30                              identification card.

31  

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 1  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

 2                              without intent to kill.

 3  784.021(1)(b)      3rd      Aggravated assault; intent to

 4                              commit felony.

 5  784.041            3rd      Felony battery.

 6  784.048(3)         3rd      Aggravated stalking; credible

 7                              threat.

 8  784.048(5)         3rd      Aggravated stalking of person

 9                              under 16.

10  784.07(2)(c)       2nd      Aggravated assault on law

11                              enforcement officer.

12  784.074(1)(b)      2nd      Aggravated assault on sexually

13                              violent predators facility staff.

14  784.08(2)(b)       2nd      Aggravated assault on a person 65

15                              years of age or older.

16  784.081(2)         2nd      Aggravated assault on specified

17                              official or employee.

18  784.082(2)         2nd      Aggravated assault by detained

19                              person on visitor or other

20                              detainee.

21  784.083(2)         2nd      Aggravated assault on code

22                              inspector.

23  787.02(2)          3rd      False imprisonment; restraining

24                              with purpose other than those in

25                              s. 787.01.

26  790.115(2)(d)      2nd      Discharging firearm or weapon on

27                              school property.

28  790.161(2)         2nd      Make, possess, or throw

29                              destructive device with intent to

30                              do bodily harm or damage

31                              property.

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 1  790.164(1)         2nd      False report of deadly explosive,

 2                              weapon of mass destruction, or

 3                              act of arson or violence to state

 4                              property.

 5  790.19             2nd      Shooting or throwing deadly

 6                              missiles into dwellings, vessels,

 7                              or vehicles.

 8  794.011(8)(a)      3rd      Solicitation of minor to

 9                              participate in sexual activity by

10                              custodial adult.

11  794.05(1)          2nd      Unlawful sexual activity with

12                              specified minor.

13  800.04(5)(d)       3rd      Lewd or lascivious molestation;

14                              victim 12 years of age or older

15                              but less than 16 years; offender

16                              less than 18 years.

17  800.04(6)(b)       2nd      Lewd or lascivious conduct;

18                              offender 18 years of age or

19                              older.

20  806.031(2)         2nd      Arson resulting in great bodily

21                              harm to firefighter or any other

22                              person.

23  810.02(3)(c)       2nd      Burglary of occupied structure;

24                              unarmed; no assault or battery.

25  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

26                              but less than $100,000, grand

27                              theft in 2nd degree.  

28  812.014(2)(b)2.    2nd      Property stolen; cargo valued at

29                              less than $50,000, grand theft in

30                              2nd degree. 

31  

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 1  812.015(9)         2nd      Retail theft; property stolen

 2                              $300 or more; second or

 3                              subsequent conviction.

 4  812.13(2)(c)       2nd      Robbery, no firearm or other

 5                              weapon (strong-arm robbery).

 6  817.034(4)(a)1.    1st      Communications fraud, value

 7                              greater than $50,000.

 8  817.4821(5)        2nd      Possess cloning paraphernalia

 9                              with intent to create cloned

10                              cellular telephones.

11  825.102(1)         3rd      Abuse of an elderly person or

12                              disabled adult.

13  825.102(3)(c)      3rd      Neglect of an elderly person or

14                              disabled adult.

15  825.1025(3)        3rd      Lewd or lascivious molestation of

16                              an elderly person or disabled

17                              adult.

18  825.103(2)(c)      3rd      Exploiting an elderly person or

19                              disabled adult and property is

20                              valued at less than $20,000.

21  827.03(1)          3rd      Abuse of a child.

22  827.03(3)(c)       3rd      Neglect of a child.

23  827.071(2)&(3)     2nd      Use or induce a child in a sexual

24                              performance, or promote or direct

25                              such performance.

26  836.05             2nd      Threats; extortion.

27  836.10             2nd      Written threats to kill or do

28                              bodily injury.

29  843.12             3rd      Aids or assists person to escape.

30  

31  

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 1  847.0135(3)        3rd      Solicitation of a child, via a

 2                              computer service, to commit an

 3                              unlawful sex act.

 4  914.23             2nd      Retaliation against a witness,

 5                              victim, or informant, with bodily

 6                              injury.

 7  943.0435(9)        3rd      Sex offenders; failure to comply

 8                              with reporting requirements.

 9  944.35(3)(a)2.     3rd      Committing malicious battery upon

10                              or inflicting cruel or inhuman

11                              treatment on an inmate or

12                              offender on community

13                              supervision, resulting in great

14                              bodily harm.

15  944.40             2nd      Escapes.

16  944.46             3rd      Harboring, concealing, aiding

17                              escaped prisoners.

18  944.47(1)(a)5.     2nd      Introduction of contraband

19                              (firearm, weapon, or explosive)

20                              into correctional facility.

21  951.22(1)          3rd      Intoxicating drug, firearm, or

22                              weapon introduced into county

23                              facility.

24                              (g)  LEVEL 7

25  316.027(1)(b)      2nd      Accident involving death, failure

26                              to stop; leaving scene.

27  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

28                              injury.

29  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

30                              bodily injury.

31  

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 1  402.319(2)         2nd      Misrepresentation and negligence

 2                              or intentional act resulting in

 3                              great bodily harm, permanent

 4                              disfiguration, permanent

 5                              disability, or death.

 6  409.920(2)         3rd      Medicaid provider fraud.

 7  456.065(2)         3rd      Practicing a health care

 8                              profession without a license.

 9  456.065(2)         2nd      Practicing a health care

10                              profession without a license

11                              which results in serious bodily

12                              injury.

13  458.327(1)         3rd      Practicing medicine without a

14                              license.

15  459.013(1)         3rd      Practicing osteopathic medicine

16                              without a license.

17  460.411(1)         3rd      Practicing chiropractic medicine

18                              without a license.

19  461.012(1)         3rd      Practicing podiatric medicine

20                              without a license.

21  462.17             3rd      Practicing naturopathy without a

22                              license.

23  463.015(1)         3rd      Practicing optometry without a

24                              license.

25  464.016(1)         3rd      Practicing nursing without a

26                              license.

27  465.015(2)         3rd      Practicing pharmacy without a

28                              license.

29  466.026(1)         3rd      Practicing dentistry or dental

30                              hygiene without a license.

31  

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 1  467.201            3rd      Practicing midwifery without a

 2                              license.

 3  468.366            3rd      Delivering respiratory care

 4                              services without a license.

 5  483.828(1)         3rd      Practicing as clinical laboratory

 6                              personnel without a license.

 7  483.901(9)         3rd      Practicing medical physics

 8                              without a license.

 9  484.013(1)(c)      3rd      Preparing or dispensing optical

10                              devices without a prescription.

11  484.053            3rd      Dispensing hearing aids without a

12                              license.

13  494.0018(2)        1st      Conviction of any violation of

14                              ss. 494.001-494.0077 in which the

15                              total money and property

16                              unlawfully obtained exceeded

17                              $50,000 and there were five or

18                              more victims.

19  560.123(8)(b)1.    3rd      Failure to report currency or

20                              payment instruments exceeding

21                              $300 but less than $20,000 by

22                              money transmitter.

23  560.125(5)(a)      3rd      Money transmitter business by

24                              unauthorized person, currency or

25                              payment instruments exceeding

26                              $300 but less than $20,000.

27  655.50(10)(b)1.    3rd      Failure to report financial

28                              transactions exceeding $300 but

29                              less than $20,000 by financial

30                              institution.

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 1  782.051(3)         2nd      Attempted felony murder of a

 2                              person by a person other than the

 3                              perpetrator or the perpetrator of

 4                              an attempted felony.

 5  782.07(1)          2nd      Killing of a human being by the

 6                              act, procurement, or culpable

 7                              negligence of another

 8                              (manslaughter).

 9  782.071            2nd      Killing of human being or viable

10                              fetus by the operation of a motor

11                              vehicle in a reckless manner

12                              (vehicular homicide).

13  782.072            2nd      Killing of a human being by the

14                              operation of a vessel in a

15                              reckless manner (vessel

16                              homicide).

17  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

18                              causing great bodily harm or

19                              disfigurement.

20  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

21                              weapon.

22  784.045(1)(b)      2nd      Aggravated battery; perpetrator

23                              aware victim pregnant.

24  784.048(4)         3rd      Aggravated stalking; violation of

25                              injunction or court order.

26  784.07(2)(d)       1st      Aggravated battery on law

27                              enforcement officer.

28  784.074(1)(a)      1st      Aggravated battery on sexually

29                              violent predators facility staff.

30  784.08(2)(a)       1st      Aggravated battery on a person 65

31                              years of age or older.

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 1  784.081(1)         1st      Aggravated battery on specified

 2                              official or employee.

 3  784.082(1)         1st      Aggravated battery by detained

 4                              person on visitor or other

 5                              detainee.

 6  784.083(1)         1st      Aggravated battery on code

 7                              inspector.

 8  790.07(4)          1st      Specified weapons violation

 9                              subsequent to previous conviction

10                              of s. 790.07(1) or (2).

11  790.16(1)          1st      Discharge of a machine gun under

12                              specified circumstances.

13  790.165(2)         2nd      Manufacture, sell, possess, or

14                              deliver hoax bomb.

15  790.165(3)         2nd      Possessing, displaying, or

16                              threatening to use any hoax bomb

17                              while committing or attempting to

18                              commit a felony.

19  790.166(3)         2nd      Possessing, selling, using, or

20                              attempting to use a hoax weapon

21                              of mass destruction.

22  790.166(4)         2nd      Possessing, displaying, or

23                              threatening to use a hoax weapon

24                              of mass destruction while

25                              committing or attempting to

26                              commit a felony.

27  796.03             2nd      Procuring any person under 16

28                              years for prostitution.

29  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

30                              victim less than 12 years of age;

31                              offender less than 18 years.

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 1  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

 2                              victim 12 years of age or older

 3                              but less than 16 years; offender

 4                              18 years or older.

 5  806.01(2)          2nd      Maliciously damage structure by

 6                              fire or explosive.

 7  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 8                              unarmed; no assault or battery.

 9  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

10                              unarmed; no assault or battery.

11  810.02(3)(d)       2nd      Burglary of occupied conveyance;

12                              unarmed; no assault or battery.

13  812.014(2)(a)1.    1st      Property stolen, valued at

14                              $100,000 or more; cargo stolen

15                              valued at $50,000 or more;

16                              property stolen while causing

17                              other property damage; 1st degree

18                              grand theft.

19  812.014(2)(b)2.    2nd      Property stolen, cargo valued at

20                              less than $50,000, grand theft in

21                              2nd degree.

22  812.014(2)(b)3.    2nd      Property stolen, emergency

23                              medical equipment; 2nd degree

24                              grand theft.

25  812.0145(2)(a)     1st      Theft from person 65 years of age

26                              or older; $50,000 or more.

27  812.019(2)         1st      Stolen property; initiates,

28                              organizes, plans, etc., the theft

29                              of property and traffics in

30                              stolen property.

31  812.131(2)(a)      2nd      Robbery by sudden snatching.

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 1  812.133(2)(b)      1st      Carjacking; no firearm, deadly

 2                              weapon, or other weapon.

 3  817.234(8)(a)      2nd      Solicitation of motor vehicle

 4                              accident victims with intent to

 5                              defraud.

 6  817.234(9)         2nd      Organizing, planning, or

 7                              participating in an intentional

 8                              motor vehicle collision.

 9  817.234(11)(c)     1st      Insurance fraud; property value

10                              $100,000 or more.

11  817.2341(2)(b)&

12   (3)(b)            1st      Making false entries of material

13                              fact or false statements

14                              regarding property values

15                              relating to the solvency of an

16                              insuring entity which are a

17                              significant cause of the

18                              insolvency of that entity.

19  825.102(3)(b)      2nd      Neglecting an elderly person or

20                              disabled adult causing great

21                              bodily harm, disability, or

22                              disfigurement.

23  825.103(2)(b)      2nd      Exploiting an elderly person or

24                              disabled adult and property is

25                              valued at $20,000 or more, but

26                              less than $100,000.

27  827.03(3)(b)       2nd      Neglect of a child causing great

28                              bodily harm, disability, or

29                              disfigurement.

30  

31  

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 1  827.04(3)          3rd      Impregnation of a child under 16

 2                              years of age by person 21 years

 3                              of age or older.

 4  837.05(2)          3rd      Giving false information about

 5                              alleged capital felony to a law

 6                              enforcement officer.

 7  838.015            2nd      Bribery.

 8  838.016            2nd      Unlawful compensation or reward

 9                              for official behavior.

10  838.021(3)(a)      2nd      Unlawful harm to a public

11                              servant.

12  838.22             2nd      Bid tampering.

13  872.06             2nd      Abuse of a dead human body.

14  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

15                              cocaine (or other drug prohibited

16                              under s. 893.03(1)(a), (1)(b),

17                              (1)(d), (2)(a), (2)(b), or

18                              (2)(c)4.) within 1,000 feet of a

19                              child care facility, school, or

20                              state, county, or municipal park

21                              or publicly owned recreational

22                              facility or community center.

23  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

24                              cocaine or other drug prohibited

25                              under s. 893.03(1)(a), (1)(b),

26                              (1)(d), (2)(a), (2)(b), or

27                              (2)(c)4., within 1,000 feet of

28                              property used for religious

29                              services or a specified business

30                              site.

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 1  893.13(4)(a)       1st      Deliver to minor cocaine (or

 2                              other s. 893.03(1)(a), (1)(b),

 3                              (1)(d), (2)(a), (2)(b), or

 4                              (2)(c)4. drugs).

 5  893.135(1)(a)1.    1st      Trafficking in cannabis, more

 6                              than 25 lbs., less than 2,000

 7                              lbs.

 8  893.135

 9   (1)(b)1.a.        1st      Trafficking in cocaine, more than

10                              28 grams, less than 200 grams.

11  893.135

12   (1)(c)1.a.        1st      Trafficking in illegal drugs,

13                              more than 4 grams, less than 14

14                              grams.

15  893.135

16   (1)(d)1.          1st      Trafficking in phencyclidine,

17                              more than 28 grams, less than 200

18                              grams.

19  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

20                              than 200 grams, less than 5

21                              kilograms.

22  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

23                              than 14 grams, less than 28

24                              grams.

25  893.135

26   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

27                              grams or more, less than 14

28                              grams.

29  

30  

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 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  

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 1  560.123(8)(b)2.    2nd      Failure to report currency or

 2                              payment instruments totaling or

 3                              exceeding $20,000, but less than

 4                              $100,000 by money transmitter.

 5  560.125(5)(b)      2nd      Money transmitter business by

 6                              unauthorized person, currency or

 7                              payment instruments totaling or

 8                              exceeding $20,000, but less than

 9                              $100,000.

10  655.50(10)(b)2.    2nd      Failure to report financial

11                              transactions totaling or

12                              exceeding $20,000, but less than

13                              $100,000 by financial

14                              institutions.

15  777.03(2)(a)       1st      Accessory after the fact, capital

16                              felony.

17  782.04(4)          2nd      Killing of human without design

18                              when engaged in act or attempt of

19                              any felony other than arson,

20                              sexual battery, robbery,

21                              burglary, kidnapping, aircraft

22                              piracy, or unlawfully discharging

23                              bomb.

24  782.051(2)         1st      Attempted felony murder while

25                              perpetrating or attempting to

26                              perpetrate a felony not

27                              enumerated in s. 782.04(3).

28  782.071(1)(b)      1st      Committing vehicular homicide and

29                              failing to render aid or give

30                              information.

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 1  782.072(2)         1st      Committing vessel homicide and

 2                              failing to render aid or give

 3                              information.

 4  790.161(3)         1st      Discharging a destructive device

 5                              which results in bodily harm or

 6                              property damage.

 7  794.011(5)         2nd      Sexual battery, victim 12 years

 8                              or over, offender does not use

 9                              physical force likely to cause

10                              serious injury.

11  800.04(4)          2nd      Lewd or lascivious battery.

12  806.01(1)          1st      Maliciously damage dwelling or

13                              structure by fire or explosive,

14                              believing person in structure.

15  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

16  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

17                              or dangerous weapon.

18  810.02(2)(c)       1st      Burglary of a dwelling or

19                              structure causing structural

20                              damage or $1,000 or more property

21                              damage.

22  812.014(2)(a)2.    1st      Property stolen; cargo valued at

23                              $50,000 or more, grand theft in

24                              1st degree.

25  812.13(2)(b)       1st      Robbery with a weapon.

26  812.135(2)         1st      Home-invasion robbery.

27  817.568(6)         2nd      Fraudulent use of personal

28                              identification information of an

29                              individual under the age of 18.

30  825.102(2)         2nd      Aggravated abuse of an elderly

31                              person or disabled adult.

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 1  825.1025(2)        2nd      Lewd or lascivious battery upon

 2                              an elderly person or disabled

 3                              adult.

 4  825.103(2)(a)      1st      Exploiting an elderly person or

 5                              disabled adult and property is

 6                              valued at $100,000 or more.

 7  837.02(2)          2nd      Perjury in official proceedings

 8                              relating to prosecution of a

 9                              capital felony.

10  837.021(2)         2nd      Making contradictory statements

11                              in official proceedings relating

12                              to prosecution of a capital

13                              felony.

14  860.121(2)(c)      1st      Shooting at or throwing any

15                              object in path of railroad

16                              vehicle resulting in great bodily

17                              harm.

18  860.16             1st      Aircraft piracy.

19  893.13(1)(b)       1st      Sell or deliver in excess of 10

20                              grams of any substance specified

21                              in s. 893.03(1)(a) or (b).

22  893.13(2)(b)       1st      Purchase in excess of 10 grams of

23                              any substance specified in s.

24                              893.03(1)(a) or (b).

25  893.13(6)(c)       1st      Possess in excess of 10 grams of

26                              any substance specified in s.

27                              893.03(1)(a) or (b).

28  893.135(1)(a)2.    1st      Trafficking in cannabis, more

29                              than 2,000 lbs., less than 10,000

30                              lbs.

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 1  893.135

 2   (1)(b)1.b.        1st      Trafficking in cocaine, more than

 3                              200 grams, less than 400 grams.

 4  893.135

 5   (1)(c)1.b.        1st      Trafficking in illegal drugs,

 6                              more than 14 grams, less than 28

 7                              grams.

 8  893.135

 9   (1)(d)1.b.        1st      Trafficking in phencyclidine,

10                              more than 200 grams, less than

11                              400 grams.

12  893.135

13   (1)(e)1.b.        1st      Trafficking in methaqualone, more

14                              than 5 kilograms, less than 25

15                              kilograms.

16  893.135

17   (1)(f)1.b.        1st      Trafficking in amphetamine, more

18                              than 28 grams, less than 200

19                              grams.

20  893.135

21   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

22                              grams or more, less than 28

23                              grams.

24  893.135

25   (1)(h)1.b.        1st      Trafficking in

26                              gamma-hydroxybutyric acid (GHB),

27                              5 kilograms or more, less than 10

28                              kilograms.

29  

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 1  893.135

 2   (1)(j)1.b.        1st      Trafficking in 1,4-Butanediol, 5

 3                              kilograms or more, less than 10

 4                              kilograms.

 5  893.135

 6   (1)(k)2.b.        1st      Trafficking in Phenethylamines,

 7                              200 grams or more, less than 400

 8                              grams.

 9  895.03(1)          1st      Use or invest proceeds derived

10                              from pattern of racketeering

11                              activity.

12  895.03(2)          1st      Acquire or maintain through

13                              racketeering activity any

14                              interest in or control of any

15                              enterprise or real property.

16  895.03(3)          1st      Conduct or participate in any

17                              enterprise through pattern of

18                              racketeering activity.

19  896.101(5)(b)      2nd      Money laundering, financial

20                              transactions totaling or

21                              exceeding $20,000, but less than

22                              $100,000.

23  896.104(4)(a)2.    2nd      Structuring transactions to evade

24                              reporting or registration

25                              requirements, financial

26                              transactions totaling or

27                              exceeding $20,000 but less than

28                              $100,000.

29         Section 3.  This act shall take effect July 1, 2004.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises the offense severity ranking chart of the
      Criminal Punishment Code to reclassify the offense of
 4    cargo theft of the first degree from a level 7 offense to
      a level 8 offense and to reclassify the offense of cargo
 5    theft of the second degree from a level 6 offense to a
      level 7 offense.
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