Senate Bill sb0138c1
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Florida Senate - 2004 CS for SB 138
By the Committee on Criminal Justice; and Senator Lynn
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1 A bill to be entitled
2 An act relating to theft; amending s. 316.1975,
3 F.S.; requiring that an unattended semitrailer
4 have a kingpin locking device attached to the
5 semitrailer; providing that failing to provide
6 a locking device is a noncriminal traffic
7 infraction; creating s. 316.526, F.S.;
8 requiring that an unattended semitrailer have a
9 locking device attached; providing that an
10 unattended semitrailer may be towed under
11 specified conditions; providing for exceptions;
12 reenacting s. 812.014(1) and (2), F.S.,
13 relating to theft; creating s. 812.0147, F.S.;
14 providing that it is unlawful to possess or use
15 a fifth wheel to commit or attempt to commit
16 theft; providing criminal penalties; amending
17 s. 921.0022, F.S.; reclassifying the offenses
18 of cargo theft of the first degree and cargo
19 theft of the second degree under the offense
20 severity ranking chart of the Criminal
21 Punishment Code to increase the penalties
22 imposed for any such offense; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 316.1975, Florida Statutes, is
28 amended to read:
29 316.1975 Unattended motor vehicle.--
30 (1) A person driving or in charge of any motor vehicle
31 may not permit it to stand unattended without first stopping
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1 the engine, locking the ignition, and removing the key. A
2 vehicle may not be permitted to stand unattended upon any
3 perceptible grade without stopping the engine and effectively
4 setting the brake thereon and turning the front wheels to the
5 curb or side of the street. A violation of this subsection
6 section is a noncriminal traffic infraction, punishable as a
7 nonmoving violation as provided in chapter 318.
8 (2) A person driving or in charge of a semitrailer may
9 not permit it to stand unattended without complying with
10 subsection (1). If the semitrailer is disconnected and left
11 unattended and free of a truck tractor, a kingpin locking
12 device must be attached to the semitrailer's kingpin. As used
13 in this section, the term "kingpin locking device" means a
14 device designed to slide over and lock the semitrailer's
15 kingpin to prevent the semitrailer from being connected to the
16 fifth wheel of a truck tractor.
17 (3) Any semitrailer, as defined in s. 320.01(5), which
18 is not attached to a truck tractor and which is left
19 unattended on public or private property where the public is
20 an invitee must have a kingpin locking device attached. A
21 violation of this subsection is a noncriminal traffic
22 infraction, punishable as a moving violation as provided in
23 chapter 318.
24 (4)(2) This section does not apply to the operator of:
25 (a) An authorized emergency vehicle while in the
26 performance of official duties and the vehicle is equipped
27 with an activated antitheft device that prohibits the vehicle
28 from being driven;
29 (b) A licensed delivery truck or other delivery
30 vehicle while making deliveries; or
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1 (c) A solid waste or recovered materials collection
2 vehicle while collecting such items.
3 Section 2. Section 316.526, Florida Statutes, is
4 created to read:
5 316.526 Security devices required.--
6 (1) A driver or other person responsible for a
7 semitrailer, as defined in s. 320.01(5), which is used in
8 commerce, who allows the semitrailer to be parked unattended
9 without being attached to a motor vehicle, must ensure that
10 the semitrailer is secured by a locking device that prohibits
11 the unauthorized movement of the semitrailer.
12 (2) Any unattended semitrailer found without the
13 required locking device may be towed to a secure facility by a
14 commercial towing service acting at the direction of a law
15 enforcement officer. The owner or carrier operating the
16 semitrailer shall be responsible for reasonable towing fees,
17 not to exceed $300, which are incurred to tow and secure the
18 semitrailer for a period not exceeding 24 hours.
19 (3) Subsections (1) and (2) do not apply when a
20 semitrailer is:
21 (a) Used to transport agricultural or forestry
22 products when parked at a harvest site.
23 (b) Parked at a terminal as defined in s. 316.003.
24 (c) Displayed for sale, lease, or rent by a licensed
25 dealer.
26 (d) An empty trailer.
27 Section 3. Subsections (1) and (2) of section 812.014,
28 Florida Statutes, are reenacted to read:
29 812.014 Theft.--
30 (1) A person commits theft if he or she knowingly
31 obtains or uses, or endeavors to obtain or to use, the
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1 property of another with intent to, either temporarily or
2 permanently:
3 (a) Deprive the other person of a right to the
4 property or a benefit from the property.
5 (b) Appropriate the property to his or her own use or
6 to the use of any person not entitled to the use of the
7 property.
8 (2)(a)1. If the property stolen is valued at $100,000
9 or more; or
10 2. If the property stolen is cargo valued at $50,000
11 or more that has entered the stream of interstate or
12 intrastate commerce from the shipper's loading platform to the
13 consignee's receiving dock; or
14 3. If the offender commits any grand theft and:
15 a. In the course of committing the offense the
16 offender uses a motor vehicle as an instrumentality, other
17 than merely as a getaway vehicle, to assist in committing the
18 offense and thereby damages the real property of another; or
19 b. In the course of committing the offense the
20 offender causes damage to the real or personal property of
21 another in excess of $1,000,
22
23 the offender commits grand theft in the first degree,
24 punishable as a felony of the first degree, as provided in s.
25 775.082, s. 775.083, or s. 775.084.
26 (b)1. If the property stolen is valued at $20,000 or
27 more, but less than $100,000;
28 2. The property stolen is cargo valued at less than
29 $50,000 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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1 3. The property stolen is emergency medical equipment,
2 valued at $300 or more, that is taken from a facility licensed
3 under chapter 395 or from an aircraft or vehicle permitted
4 under chapter 401,
5
6 the offender commits grand theft in the second degree,
7 punishable as a felony of the second degree, as provided in s.
8 775.082, s. 775.083, or s. 775.084. Emergency medical
9 equipment means mechanical or electronic apparatus used to
10 provide emergency services and care as defined in s.
11 395.002(10) or to treat medical emergencies.
12 (c) It is grand theft of the third degree and a felony
13 of the third degree, punishable as provided in s. 775.082, s.
14 775.083, or s. 775.084, if the property stolen is:
15 1. Valued at $300 or more, but less than $5,000.
16 2. Valued at $5,000 or more, but less than $10,000.
17 3. Valued at $10,000 or more, but less than $20,000.
18 4. A will, codicil, or other testamentary instrument.
19 5. A firearm.
20 6. A motor vehicle, except as provided in paragraph
21 (2)(a).
22 7. Any commercially farmed animal, including any
23 animal of the equine, bovine, or swine class, or other grazing
24 animal, and including aquaculture species raised at a
25 certified aquaculture facility. If the property stolen is
26 aquaculture species raised at a certified aquaculture
27 facility, then a $10,000 fine shall be imposed.
28 8. Any fire extinguisher.
29 9. Any amount of citrus fruit consisting of 2,000 or
30 more individual pieces of fruit.
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1 10. Taken from a designated construction site
2 identified by the posting of a sign as provided for in s.
3 810.09(2)(d).
4 11. Any stop sign.
5 12. Anyhydrous ammonia.
6 (d) It is grand theft of the third degree and a felony
7 of the third degree, punishable as provided in s. 775.082, s.
8 775.083, or s. 775.084, if the property stolen is valued at
9 $100 or more, but less than $300, and is taken from a dwelling
10 as defined in s. 810.011(2) or from the unenclosed curtilage
11 of a dwelling pursuant to s. 810.09(1).
12 (e) Except as provided in paragraph (d), if the
13 property stolen is valued at $100 or more, but less than $300,
14 the offender commits petit theft of the first degree,
15 punishable as a misdemeanor of the first degree, as provided
16 in s. 775.082 or s. 775.083.
17 Section 4. Section 812.0147, Florida Statutes, is
18 created to read:
19 812.0147 Unlawful possession or use of a fifth
20 wheel.--
21 (1) It is unlawful for any person to modify, alter,
22 attempt to alter, and if altered, to sell, possess, offer for
23 sale, move, or caused to be moved onto the highways of this
24 state a device known as a fifth wheel with the intent to use
25 the fifth wheel to commit or attempt to commit theft. For the
26 purpose of this section, the term "fifth wheel" applies only
27 to a fifth wheel on a heavy commercial motor vehicle.
28 (2) Any person who violates subsection (1) commits a
29 felony of the second degree, punishable as provided in s.
30 775.082, s. 775.083, or s. 775.084.
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1 Section 5. Paragraphs (f), (g), and (h) of subsection
2 (3) of section 921.0022, Florida Statutes, are amended to
3 read:
4 921.0022 Criminal Punishment Code; offense severity
5 ranking chart.--
6 (3) OFFENSE SEVERITY RANKING CHART
7
8 Florida Felony
9 Statute Degree Description
10
11
12 (f) LEVEL 6
13 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
14 conviction.
15 499.0051(3) 2nd Forgery of pedigree papers.
16 499.0051(4) 2nd Purchase or receipt of legend
17 drug from unauthorized person.
18 499.0051(5) 2nd Sale of legend drug to
19 unauthorized person.
20 775.0875(1) 3rd Taking firearm from law
21 enforcement officer.
22 775.21(10) 3rd Sexual predators; failure to
23 register; failure to renew
24 driver's license or
25 identification card.
26 784.021(1)(a) 3rd Aggravated assault; deadly weapon
27 without intent to kill.
28 784.021(1)(b) 3rd Aggravated assault; intent to
29 commit felony.
30 784.041 3rd Felony battery.
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1 784.048(3) 3rd Aggravated stalking; credible
2 threat.
3 784.048(5) 3rd Aggravated stalking of person
4 under 16.
5 784.07(2)(c) 2nd Aggravated assault on law
6 enforcement officer.
7 784.074(1)(b) 2nd Aggravated assault on sexually
8 violent predators facility staff.
9 784.08(2)(b) 2nd Aggravated assault on a person 65
10 years of age or older.
11 784.081(2) 2nd Aggravated assault on specified
12 official or employee.
13 784.082(2) 2nd Aggravated assault by detained
14 person on visitor or other
15 detainee.
16 784.083(2) 2nd Aggravated assault on code
17 inspector.
18 787.02(2) 3rd False imprisonment; restraining
19 with purpose other than those in
20 s. 787.01.
21 790.115(2)(d) 2nd Discharging firearm or weapon on
22 school property.
23 790.161(2) 2nd Make, possess, or throw
24 destructive device with intent to
25 do bodily harm or damage
26 property.
27 790.164(1) 2nd False report of deadly explosive,
28 weapon of mass destruction, or
29 act of arson or violence to state
30 property.
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1 790.19 2nd Shooting or throwing deadly
2 missiles into dwellings, vessels,
3 or vehicles.
4 794.011(8)(a) 3rd Solicitation of minor to
5 participate in sexual activity by
6 custodial adult.
7 794.05(1) 2nd Unlawful sexual activity with
8 specified minor.
9 800.04(5)(d) 3rd Lewd or lascivious molestation;
10 victim 12 years of age or older
11 but less than 16 years; offender
12 less than 18 years.
13 800.04(6)(b) 2nd Lewd or lascivious conduct;
14 offender 18 years of age or
15 older.
16 806.031(2) 2nd Arson resulting in great bodily
17 harm to firefighter or any other
18 person.
19 810.02(3)(c) 2nd Burglary of occupied structure;
20 unarmed; no assault or battery.
21 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
22 but less than $100,000, grand
23 theft in 2nd degree.
24 812.014(2)(b)2. 2nd Property stolen; cargo valued at
25 less than $50,000, grand theft in
26 2nd degree.
27 812.015(9) 2nd Retail theft; property stolen
28 $300 or more; second or
29 subsequent conviction.
30 812.13(2)(c) 2nd Robbery, no firearm or other
31 weapon (strong-arm robbery).
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1 817.034(4)(a)1. 1st Communications fraud, value
2 greater than $50,000.
3 817.4821(5) 2nd Possess cloning paraphernalia
4 with intent to create cloned
5 cellular telephones.
6 825.102(1) 3rd Abuse of an elderly person or
7 disabled adult.
8 825.102(3)(c) 3rd Neglect of an elderly person or
9 disabled adult.
10 825.1025(3) 3rd Lewd or lascivious molestation of
11 an elderly person or disabled
12 adult.
13 825.103(2)(c) 3rd Exploiting an elderly person or
14 disabled adult and property is
15 valued at less than $20,000.
16 827.03(1) 3rd Abuse of a child.
17 827.03(3)(c) 3rd Neglect of a child.
18 827.071(2)&(3) 2nd Use or induce a child in a sexual
19 performance, or promote or direct
20 such performance.
21 836.05 2nd Threats; extortion.
22 836.10 2nd Written threats to kill or do
23 bodily injury.
24 843.12 3rd Aids or assists person to escape.
25 847.0135(3) 3rd Solicitation of a child, via a
26 computer service, to commit an
27 unlawful sex act.
28 914.23 2nd Retaliation against a witness,
29 victim, or informant, with bodily
30 injury.
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1 943.0435(9) 3rd Sex offenders; failure to comply
2 with reporting requirements.
3 944.35(3)(a)2. 3rd Committing malicious battery upon
4 or inflicting cruel or inhuman
5 treatment on an inmate or
6 offender on community
7 supervision, resulting in great
8 bodily harm.
9 944.40 2nd Escapes.
10 944.46 3rd Harboring, concealing, aiding
11 escaped prisoners.
12 944.47(1)(a)5. 2nd Introduction of contraband
13 (firearm, weapon, or explosive)
14 into correctional facility.
15 951.22(1) 3rd Intoxicating drug, firearm, or
16 weapon introduced into county
17 facility.
18 (g) LEVEL 7
19 316.027(1)(b) 2nd Accident involving death, failure
20 to stop; leaving scene.
21 316.193(3)(c)2. 3rd DUI resulting in serious bodily
22 injury.
23 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
24 bodily injury.
25 402.319(2) 2nd Misrepresentation and negligence
26 or intentional act resulting in
27 great bodily harm, permanent
28 disfiguration, permanent
29 disability, or death.
30 409.920(2) 3rd Medicaid provider fraud.
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1 456.065(2) 3rd Practicing a health care
2 profession without a license.
3 456.065(2) 2nd Practicing a health care
4 profession without a license
5 which results in serious bodily
6 injury.
7 458.327(1) 3rd Practicing medicine without a
8 license.
9 459.013(1) 3rd Practicing osteopathic medicine
10 without a license.
11 460.411(1) 3rd Practicing chiropractic medicine
12 without a license.
13 461.012(1) 3rd Practicing podiatric medicine
14 without a license.
15 462.17 3rd Practicing naturopathy without a
16 license.
17 463.015(1) 3rd Practicing optometry without a
18 license.
19 464.016(1) 3rd Practicing nursing without a
20 license.
21 465.015(2) 3rd Practicing pharmacy without a
22 license.
23 466.026(1) 3rd Practicing dentistry or dental
24 hygiene without a license.
25 467.201 3rd Practicing midwifery without a
26 license.
27 468.366 3rd Delivering respiratory care
28 services without a license.
29 483.828(1) 3rd Practicing as clinical laboratory
30 personnel without a license.
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1 483.901(9) 3rd Practicing medical physics
2 without a license.
3 484.013(1)(c) 3rd Preparing or dispensing optical
4 devices without a prescription.
5 484.053 3rd Dispensing hearing aids without a
6 license.
7 494.0018(2) 1st Conviction of any violation of
8 ss. 494.001-494.0077 in which the
9 total money and property
10 unlawfully obtained exceeded
11 $50,000 and there were five or
12 more victims.
13 560.123(8)(b)1. 3rd Failure to report currency or
14 payment instruments exceeding
15 $300 but less than $20,000 by
16 money transmitter.
17 560.125(5)(a) 3rd Money transmitter business by
18 unauthorized person, currency or
19 payment instruments exceeding
20 $300 but less than $20,000.
21 655.50(10)(b)1. 3rd Failure to report financial
22 transactions exceeding $300 but
23 less than $20,000 by financial
24 institution.
25 782.051(3) 2nd Attempted felony murder of a
26 person by a person other than the
27 perpetrator or the perpetrator of
28 an attempted felony.
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1 782.07(1) 2nd Killing of a human being by the
2 act, procurement, or culpable
3 negligence of another
4 (manslaughter).
5 782.071 2nd Killing of human being or viable
6 fetus by the operation of a motor
7 vehicle in a reckless manner
8 (vehicular homicide).
9 782.072 2nd Killing of a human being by the
10 operation of a vessel in a
11 reckless manner (vessel
12 homicide).
13 784.045(1)(a)1. 2nd Aggravated battery; intentionally
14 causing great bodily harm or
15 disfigurement.
16 784.045(1)(a)2. 2nd Aggravated battery; using deadly
17 weapon.
18 784.045(1)(b) 2nd Aggravated battery; perpetrator
19 aware victim pregnant.
20 784.048(4) 3rd Aggravated stalking; violation of
21 injunction or court order.
22 784.07(2)(d) 1st Aggravated battery on law
23 enforcement officer.
24 784.074(1)(a) 1st Aggravated battery on sexually
25 violent predators facility staff.
26 784.08(2)(a) 1st Aggravated battery on a person 65
27 years of age or older.
28 784.081(1) 1st Aggravated battery on specified
29 official or employee.
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1 784.082(1) 1st Aggravated battery by detained
2 person on visitor or other
3 detainee.
4 784.083(1) 1st Aggravated battery on code
5 inspector.
6 790.07(4) 1st Specified weapons violation
7 subsequent to previous conviction
8 of s. 790.07(1) or (2).
9 790.16(1) 1st Discharge of a machine gun under
10 specified circumstances.
11 790.165(2) 2nd Manufacture, sell, possess, or
12 deliver hoax bomb.
13 790.165(3) 2nd Possessing, displaying, or
14 threatening to use any hoax bomb
15 while committing or attempting to
16 commit a felony.
17 790.166(3) 2nd Possessing, selling, using, or
18 attempting to use a hoax weapon
19 of mass destruction.
20 790.166(4) 2nd Possessing, displaying, or
21 threatening to use a hoax weapon
22 of mass destruction while
23 committing or attempting to
24 commit a felony.
25 796.03 2nd Procuring any person under 16
26 years for prostitution.
27 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
28 victim less than 12 years of age;
29 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.
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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.
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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.
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Florida Senate - 2004 CS for SB 138
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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.
31
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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
30
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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 6. This act shall take effect July 1, 2004.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 138
3
4 - Changes the subject of the bill from "cargo theft" to
"theft."
5
- Creates s. 812.0147, F.S., which makes it a second degree
6 felony to modify, alter, attempt to alter, and if
altered, sell, possess, offer to sell, move, or cause to
7 be moved on the state highways a device known as a "fifth
wheel" with the intent to commit or attempt to commit
8 theft.
9 - Limits the application of the term "fifth wheel" to the
fifth wheel on a heavy commerical motor vehicle.
10
- Creates s. 316.526, F.S., which requires a driver or
11 other person responsible for a semitrailer used in
commerce, who allows the semitrailer to be parked
12 unattended without being attached to a motor vehicle, to
ensure the semitrailer is secured by a locking device
13 that prohibits unauthorized movement of the semitrailer.
14 - Provides that an unattended semitrailer found without the
required locking device may be towed to a secure facility
15 by a commercial towing service at the direction of a law
enforcement officer. The owner or carrier is responsible
16 for reasonable towing fees, not to exceed $300, incurred
to tow and secure vehicle for a period not exceeding 24
17 hours.
18 - Provides four exceptions: semitrailers used to transport
agriculture or forestry products when parked at a harvest
19 site; semitrailers parked at a terminal; semitrailers
displayed for sale, lease, or rent by a licensed dealer;
20 and empty semitrailers.
21 - Amends s. 316.1975, F.S., to provide that a person
driving or in charge of a semitrailer may not permit it
22 to stand unattended without complying with the
requirements of subsection (1) of the statute (stopping
23 engine, locking ignition, removing key, etc.).
24 - Provides that if the semitrailer is disconnected and left
unattended and free of a truck-tractor, a kingpin locking
25 device must be attached to the trailer's kingpin.
26 - Defines the term "kingpin locking device."
27 - Requires a kingpin locking device to be attached to any
semitrailer not attached to a truck tractor and left
28 unattended on public or private property where the public
is an invitee. Violation of this requirement is a
29 noncriminal traffic infraction.
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