Senate Bill sb1482

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    Florida Senate - 2004                                  SB 1482

    By Senator Crist





    12-652-04

  1                      A bill to be entitled

  2         An act relating to fraudulent practices;

  3         amending s. 817.481, F.S.; prohibiting the

  4         knowing use of a false or counterfeit hotel key

  5         card to obtain or attempt to obtain credit or

  6         to purchase or attempt to purchase any goods,

  7         property, or service; providing penalties;

  8         amending s. 817.568, F.S.; redefining the term

  9         "access device" to include a hotel key card;

10         providing criminal penalties for the unlawful

11         use of a hotel key card; amending s. 817.625,

12         F.S.; redefining the term "payment card" to

13         include a hotel key card; providing criminal

14         penalties for the unlawful use of a hotel key

15         card as a payment card; reenacting s.

16         921.0022(3)(b), (d), (e), (h), and (i), F.S.,

17         relating to the offense severity ranking chart

18         of the Criminal Punishment Code, to incorporate

19         the amendments to ss. 817.481, 817.568, and

20         817.625, F.S., in references thereto;

21         providing an effective date.

22  

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

24  

25         Section 1.  Section 817.481, Florida Statutes, is

26  amended to read:

27         817.481  Credit cards; obtaining goods by use of false,

28  expired, etc.; penalty.--

29         (1)  It shall be unlawful for any person knowingly to

30  obtain or attempt to obtain credit, or to purchase or attempt

31  to purchase any goods, property, or service, by the use of any

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 1  false, fictitious, counterfeit, or expired credit card,

 2  telephone number, credit number, hotel key card, or other

 3  credit device, or by the use of any credit card, telephone

 4  number, credit number, hotel key card, or other credit device

 5  of another without the authority of the person to whom the

 6  such card, number, or device was issued, or by the use of any

 7  credit card, telephone number, credit number, hotel key card,

 8  or other credit device in any case where the such card,

 9  number, or device has been revoked and notice of revocation

10  has been given to the person to whom issued.

11         (2)  It shall be unlawful for any person to avoid or

12  attempt to avoid or to cause another to avoid payment of the

13  lawful charges, in whole or in part, for any telephone or

14  telegraph service or for the transmission of a message,

15  signal, or other communication by telephone or telegraph or

16  over telephone or telegraph facilities by the use of any

17  fraudulent scheme, means, or method, or any mechanical,

18  electric, or electronic device.

19         (3)(a)  If the value of the property, goods, or

20  services obtained or which are sought to be obtained in

21  violation of this section is $300 or more, the offender

22  commits shall be guilty of grand larceny.

23         (b)  If the value of the property, goods, or services

24  obtained or which are sought to be obtained in violation of

25  this section is less than $300, the offender commits shall be

26  guilty of petit larceny.

27         Section 2.  Section 817.568, Florida Statutes, is

28  amended to read:

29         817.568  Criminal use of personal identification

30  information.--

31         (1)  As used in this section, the term:

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 1         (a)  "Access device" means any card, plate, code,

 2  account number, electronic serial number, mobile

 3  identification number, personal identification number, or

 4  other telecommunications service, equipment, or instrument

 5  identifier, or other means of account access, including a

 6  hotel key card, which that can be used, alone or in

 7  conjunction with another access device, to obtain money,

 8  goods, services, or any other thing of value, or which that

 9  can be used to initiate a transfer of funds, other than a

10  transfer originated solely by paper instrument.

11         (b)  "Authorization" means empowerment, permission, or

12  competence to act.

13         (c)  "Harass" means to engage in conduct directed at a

14  specific person that is intended to cause substantial

15  emotional distress to the such person and serves no legitimate

16  purpose. "Harass" does not mean to use personal identification

17  information for accepted commercial purposes. The term does

18  not include constitutionally protected conduct such as

19  organized protests or the use of personal identification

20  information for accepted commercial purposes.

21         (d)  "Individual" means a single human being and does

22  not mean a firm, association of individuals, corporation,

23  partnership, joint venture, sole proprietorship, or any other

24  entity.

25         (e)  "Person" means a "person" as defined in s.

26  1.01(3).

27         (f)  "Personal identification information" means any

28  name or number that may be used, alone or in conjunction with

29  any other information, to identify a specific individual,

30  including any:

31  

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 1         1.  Name, social security number, date of birth,

 2  official state-issued or United States-issued driver's license

 3  or identification number, alien registration number,

 4  government passport number, employer or taxpayer

 5  identification number, Medicaid or food stamp account number,

 6  or bank account or credit card number;

 7         2.  Unique biometric data, such as fingerprint, voice

 8  print, retina or iris image, or other unique physical

 9  representation;

10         3.  Unique electronic identification number, address,

11  or routing code;or

12         4.  Telecommunication identifying information; or

13         5.  Access device.

14         (2)(a)  Any person who willfully and without

15  authorization fraudulently uses, or possesses with intent to

16  fraudulently use, personal identification information

17  concerning an individual without first obtaining that

18  individual's consent, commits the offense of fraudulent use of

19  personal identification information, which is a felony of the

20  third degree, punishable as provided in s. 775.082, s.

21  775.083, or s. 775.084.

22         (b)  Any person who willfully and without authorization

23  fraudulently uses personal identification information

24  concerning an individual without first obtaining that

25  individual's consent commits a felony of the second degree,

26  punishable as provided in s. 775.082, s. 775.083, or s.

27  775.084, if the pecuniary benefit, the value of the services

28  received, the payment sought to be avoided, or the amount of

29  the injury or fraud perpetrated is $5,000 or more or if the

30  person fraudulently uses the personal identification

31  information of 10 or more individuals without their consent.

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 1  Notwithstanding any other provision of law, the court shall

 2  sentence any person convicted of committing the offense

 3  described in this paragraph to a mandatory minimum sentence of

 4  3 years' imprisonment.

 5         (c)  Any person who willfully and without authorization

 6  fraudulently uses personal identification information

 7  concerning an individual without first obtaining that

 8  individual's consent commits a felony of the first degree,

 9  punishable as provided in s. 775.082, s. 775.083, or s.

10  775.084, if the pecuniary benefit, the value of the services

11  received, the payment sought to be avoided, or the amount of

12  the injury or fraud perpetrated is $50,000 or more or if the

13  person fraudulently uses the personal identification

14  information of 20 or more individuals without their consent.

15  Notwithstanding any other provision of law, the court shall

16  sentence any person convicted of committing the offense

17  described in this paragraph:

18         1.  To a mandatory minimum sentence of 5 years'

19  imprisonment.

20         2.  To a mandatory minimum sentence of 10 years'

21  imprisonment, if the pecuniary benefit, the value of the

22  services received, the payment sought to be avoided, or the

23  amount of the injury or fraud perpetrated is $100,000 or more

24  or if the person fraudulently uses the personal identification

25  information of 30 or more individuals without their consent.

26         (3)  Neither paragraph (2)(b) nor paragraph (2)(c)

27  prevents a court from imposing a greater sentence of

28  incarceration as authorized by law. If the minimum mandatory

29  terms of imprisonment imposed under paragraph (2)(b) or

30  paragraph (2)(c) exceed the maximum sentences authorized under

31  s. 775.082, s. 775.084, or the Criminal Punishment Code under

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 1  chapter 921, the mandatory minimum sentence must be imposed.

 2  If the mandatory minimum terms of imprisonment under paragraph

 3  (2)(b) or paragraph (2)(c) are less than the sentence that

 4  could be imposed under s. 775.082, s. 775.084, or the Criminal

 5  Punishment Code under chapter 921, the sentence imposed by the

 6  court must include the mandatory minimum term of imprisonment

 7  as required by paragraph (2)(b) or paragraph (2)(c).

 8         (4)  Any person who willfully and without authorization

 9  possesses, uses, or attempts to use personal identification

10  information concerning an individual without first obtaining

11  that individual's consent, and who does so for the purpose of

12  harassing that individual, commits the offense of harassment

13  by use of personal identification information, which is a

14  misdemeanor of the first degree, punishable as provided in s.

15  775.082 or s. 775.083.

16         (5)  If an offense prohibited under this section was

17  facilitated or furthered by the use of a public record, as

18  defined in s. 119.011, the offense is reclassified to the next

19  higher degree as follows:

20         (a)  A misdemeanor of the first degree is reclassified

21  as a felony of the third degree.

22         (b)  A felony of the third degree is reclassified as a

23  felony of the second degree.

24         (c)  A felony of the second degree is reclassified as a

25  felony of the first degree.

26  

27  For purposes of sentencing under chapter 921 and incentive

28  gain-time eligibility under chapter 944, a felony offense that

29  is reclassified under this subsection is ranked one level

30  above the ranking under s. 921.0022 of the felony offense

31  committed, and a misdemeanor offense that is reclassified

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 1  under this subsection is ranked in level 2 of the offense

 2  severity ranking chart in s. 921.0022.

 3         (6)  Any person who willfully and without authorization

 4  fraudulently uses personal identification information

 5  concerning an individual who is less than 18 years of age

 6  without first obtaining the consent of that individual or of

 7  his or her legal guardian commits a felony of the second

 8  degree, punishable as provided in s. 775.082, s. 775.083, or

 9  s. 775.084.

10         (7)  Any person who is in the relationship of parent or

11  legal guardian, or who otherwise exercises custodial authority

12  over an individual who is less than 18 years of age, who

13  willfully and fraudulently uses personal identification

14  information of that individual commits a felony of the second

15  degree, punishable as provided in s. 775.082, s. 775.083, or

16  s. 775.084.

17         (8)  This section does not prohibit any lawfully

18  authorized investigative, protective, or intelligence activity

19  of a law enforcement agency of this state or any of its

20  political subdivisions, of any other state or its political

21  subdivisions, or of the Federal Government or its political

22  subdivisions.

23         (9)(a)  In sentencing a defendant convicted of an

24  offense under this section, the court may order that the

25  defendant make restitution under pursuant to s. 775.089 to any

26  victim of the offense.  In addition to the victim's

27  out-of-pocket costs, such restitution may include payment of

28  any other costs, including attorney's fees incurred by the

29  victim in clearing the victim's credit history or credit

30  rating, or any costs incurred in connection with any civil or

31  administrative proceeding to satisfy any debt, lien, or other

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 1  obligation of the victim arising as the result of the actions

 2  of the defendant.

 3         (b)  The sentencing court may issue such orders as are

 4  necessary to correct any public record that contains false

 5  information given in violation of this section.

 6         (10)  Prosecutions for violations of this section may

 7  be brought on behalf of the state by any state attorney or by

 8  the statewide prosecutor.

 9         (11)  The Legislature finds that, in the absence of

10  evidence to the contrary, the location where a victim gives or

11  fails to give consent to the use of personal identification

12  information is the county where the victim generally resides.

13         (12)  Notwithstanding any other provision of law, venue

14  for the prosecution and trial of violations of this section

15  may be commenced and maintained in any county in which an

16  element of the offense occurred, including the county where

17  the victim generally resides.

18         (13)  A prosecution of an offense prohibited under

19  subsection (2), subsection (6), or subsection (7) must be

20  commenced within 3 years after the offense occurred. However,

21  a prosecution may be commenced within 1 year after discovery

22  of the offense by an aggrieved party, or by a person who has a

23  legal duty to represent the aggrieved party and who is not a

24  party to the offense, if such prosecution is commenced within

25  5 years after the violation occurred.

26         Section 3.  Section 817.625, Florida Statutes, is

27  amended to read:

28         817.625  Use of scanning device or reencoder to

29  defraud; penalties.--

30         (1)  As used in this section, the term:

31  

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 1         (a)  "Scanning device" means a scanner, reader, or any

 2  other electronic device that is used to access, read, scan,

 3  obtain, memorize, or store, temporarily or permanently,

 4  information encoded on the magnetic strip or stripe of a

 5  payment card.

 6         (b)  "Reencoder" means an electronic device that places

 7  encoded information from the magnetic strip or stripe of a

 8  payment card onto the magnetic strip or stripe of a different

 9  payment card.

10         (c)  "Payment card" means a credit card, charge card,

11  debit card, hotel key card, or any other card that is issued

12  to an authorized card user and that allows the user to obtain,

13  purchase, or receive goods, services, money, or anything else

14  of value from a merchant.

15         (d)  "Merchant" means a person who receives from an

16  authorized user of a payment card, or someone the person

17  believes to be an authorized user, a payment card or

18  information from a payment card, or what the person believes

19  to be a payment card or information from a payment card, as

20  the instrument for obtaining, purchasing, or receiving goods,

21  services, money, or anything else of value from the person.

22         (2)(a)  It is a felony of the third degree, punishable

23  as provided in s. 775.082, s. 775.083, or s. 775.084, for a

24  person to use:

25         1.  A scanning device to access, read, obtain,

26  memorize, or store, temporarily or permanently, information

27  encoded on the magnetic strip or stripe of a payment card

28  without the permission of the authorized user of the payment

29  card and with the intent to defraud the authorized user, the

30  issuer of the authorized user's payment card, or a merchant.

31  

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 1         2.  A reencoder to place information encoded on the

 2  magnetic strip or stripe of a payment card onto the magnetic

 3  strip or stripe of a different card without the permission of

 4  the authorized user of the card from which the information is

 5  being reencoded and with the intent to defraud the authorized

 6  user, the issuer of the authorized user's payment card, or a

 7  merchant.

 8         (b)  Any person who violates subparagraph (a)1. or

 9  subparagraph (a)2. a second or subsequent time commits a

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

11  775.082, s. 775.083, or s. 775.084.

12         (c)  Any person who violates subparagraph (a)1. or

13  subparagraph (a)2. shall also be subject to the provisions of

14  ss. 932.701-932.707.

15         Section 4.  For the purpose of incorporating the

16  amendment made by this act to sections 817.481, 817.568, and

17  817.625, Florida Statutes, in references thereto, paragraphs

18  (b), (d), (e), (h), and (i) of subsection (3) of section

19  921.0022, Florida Statutes, are reenacted to read:

20         921.0022  Criminal Punishment Code; offense severity

21  ranking chart.--

22         (3)  OFFENSE SEVERITY RANKING CHART

23  

24  Florida           Felony

25  Statute           Degree             Description

26  

27    

28                              (b)  LEVEL 2

29  370.12(1)(e)3.     3rd      Possession of 11 or fewer marine

30                              turtle eggs in violation of the

31                              Marine Turtle Protection Act.

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 1  370.12(1)(e)4.     3rd      Possession of more than 11 marine

 2                              turtle eggs in violation of the

 3                              Marine Turtle Protection Act.

 4  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

 5                              lbs. in weight or 100 cubic feet

 6                              in volume or any quantity for

 7                              commercial purposes, or hazardous

 8                              waste.

 9  517.07             3rd      Registration of securities and

10                              furnishing of prospectus

11                              required.

12  590.28(1)          3rd      Willful, malicious, or

13                              intentional burning.

14  784.05(3)          3rd      Storing or leaving a loaded

15                              firearm within reach of minor who

16                              uses it to inflict injury or

17                              death.

18  787.04(1)          3rd      In violation of court order,

19                              take, entice, etc., minor beyond

20                              state limits.

21  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

22                              or more to public communication

23                              or any other public service.

24  810.061(2)         3rd      Impairing or impeding telephone

25                              or power to a dwelling;

26                              facilitating or furthering

27                              burglary.

28  810.09(2)(e)       3rd      Trespassing on posted commercial

29                              horticulture property.

30  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

31                              more but less than $5,000.

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 1  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

 2                              more but less than $300, taken

 3                              from unenclosed curtilage of

 4                              dwelling.

 5  812.015(7)         3rd      Possession, use, or attempted use

 6                              of an antishoplifting or

 7                              inventory control device

 8                              countermeasure.

 9  817.234(1)(a)2.    3rd      False statement in support of

10                              insurance claim.

11  817.481(3)(a)      3rd      Obtain credit or purchase with

12                              false, expired, counterfeit,

13                              etc., credit card, value over

14                              $300.

15  817.52(3)          3rd      Failure to redeliver hired

16                              vehicle.

17  817.54             3rd      With intent to defraud, obtain

18                              mortgage note, etc., by false

19                              representation.

20  817.60(5)          3rd      Dealing in credit cards of

21                              another.

22  817.60(6)(a)       3rd      Forgery; purchase goods, services

23                              with false card.

24  817.61             3rd      Fraudulent use of credit cards

25                              over $100 or more within 6

26                              months.

27  826.04             3rd      Knowingly marries or has sexual

28                              intercourse with person to whom

29                              related.

30  831.01             3rd      Forgery.

31  

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 1  831.02             3rd      Uttering forged instrument;

 2                              utters or publishes alteration

 3                              with intent to defraud.

 4  831.07             3rd      Forging bank bills, checks,

 5                              drafts, or promissory notes.

 6  831.08             3rd      Possessing 10 or more forged

 7                              notes, bills, checks, or drafts.

 8  831.09             3rd      Uttering forged notes, bills,

 9                              checks, drafts, or promissory

10                              notes.

11  831.11             3rd      Bringing into the state forged

12                              bank bills, checks, drafts, or

13                              notes.

14  832.05(3)(a)       3rd      Cashing or depositing item with

15                              intent to defraud.

16  843.08             3rd      Falsely impersonating an officer.

17  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

18                              (2)(c)1., (2)(c)2., (2)(c)3.,

19                              (2)(c)5., (2)(c)6., (2)(c)7.,

20                              (2)(c)8., (2)(c)9., (3), or (4)

21                              drugs other than cannabis.

22  893.147(2)         3rd      Manufacture or delivery of drug

23                              paraphernalia.

24                              (d)  LEVEL 4

25  316.1935(3)        2nd      Driving at high speed or with

26                              wanton disregard for safety while

27                              fleeing or attempting to elude

28                              law enforcement officer who is in

29                              a marked patrol vehicle with

30                              siren and lights activated.

31  

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 1  499.0051(1)        3rd      Failure to maintain or deliver

 2                              pedigree papers.

 3  499.0051(2)        3rd      Failure to authenticate pedigree

 4                              papers.

 5  499.0051(6)        2nd      Sale or delivery, or possession

 6                              with intent to sell, contraband

 7                              legend drugs.

 8  784.07(2)(b)       3rd      Battery of law enforcement

 9                              officer, firefighter, intake

10                              officer, etc.

11  784.074(1)(c)      3rd      Battery of sexually violent

12                              predators facility staff.

13  784.075            3rd      Battery on detention or

14                              commitment facility staff.

15  784.078            3rd      Battery of facility employee by

16                              throwing, tossing, or expelling

17                              certain fluids or materials.

18  784.08(2)(c)       3rd      Battery on a person 65 years of

19                              age or older.

20  784.081(3)         3rd      Battery on specified official or

21                              employee.

22  784.082(3)         3rd      Battery by detained person on

23                              visitor or other detainee.

24  784.083(3)         3rd      Battery on code inspector.

25  784.085            3rd      Battery of child by throwing,

26                              tossing, projecting, or expelling

27                              certain fluids or materials.

28  787.03(1)          3rd      Interference with custody;

29                              wrongly takes child from

30                              appointed guardian.

31  

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 1  787.04(2)          3rd      Take, entice, or remove child

 2                              beyond state limits with criminal

 3                              intent pending custody

 4                              proceedings.

 5  787.04(3)          3rd      Carrying child beyond state lines

 6                              with criminal intent to avoid

 7                              producing child at custody

 8                              hearing or delivering to

 9                              designated person.

10  790.115(1)         3rd      Exhibiting firearm or weapon

11                              within 1,000 feet of a school.

12  790.115(2)(b)      3rd      Possessing electric weapon or

13                              device, destructive device, or

14                              other weapon on school property.

15  790.115(2)(c)      3rd      Possessing firearm on school

16                              property.

17  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

18                              offender less than 18 years.

19  810.02(4)(a)       3rd      Burglary, or attempted burglary,

20                              of an unoccupied structure;

21                              unarmed; no assault or battery.

22  810.02(4)(b)       3rd      Burglary, or attempted burglary,

23                              of an unoccupied conveyance;

24                              unarmed; no assault or battery.

25  810.06             3rd      Burglary; possession of tools.

26  810.08(2)(c)       3rd      Trespass on property, armed with

27                              firearm or dangerous weapon.

28  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

29                              or more but less than $20,000.

30  

31  

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 1  812.014

 2   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

 3                              firearm, motor vehicle,

 4                              livestock, etc.

 5  812.0195(2)        3rd      Dealing in stolen property by use

 6                              of the Internet; property stolen

 7                              $300 or more.

 8  817.563(1)         3rd      Sell or deliver substance other

 9                              than controlled substance agreed

10                              upon, excluding s. 893.03(5)

11                              drugs.

12  817.568(2)(a)      3rd      Fraudulent use of personal

13                              identification information.

14  817.625(2)(a)      3rd      Fraudulent use of scanning device

15                              or reencoder.

16  828.125(1)         2nd      Kill, maim, or cause great bodily

17                              harm or permanent breeding

18                              disability to any registered

19                              horse or cattle.

20  837.02(1)          3rd      Perjury in official proceedings.

21  837.021(1)         3rd      Make contradictory statements in

22                              official proceedings.

23  838.022            3rd      Official misconduct.

24  839.13(2)(a)       3rd      Falsifying records of an

25                              individual in the care and

26                              custody of a state agency.

27  839.13(2)(c)       3rd      Falsifying records of the

28                              Department of Children and Family

29                              Services.

30  

31  

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 1  843.021            3rd      Possession of a concealed

 2                              handcuff key by a person in

 3                              custody.

 4  843.025            3rd      Deprive law enforcement,

 5                              correctional, or correctional

 6                              probation officer of means of

 7                              protection or communication.

 8  843.15(1)(a)       3rd      Failure to appear while on bail

 9                              for felony (bond estreature or

10                              bond jumping).

11  874.05(1)          3rd      Encouraging or recruiting another

12                              to join a criminal street gang.

13  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

14                              893.03(1)(a), (b), or (d),

15                              (2)(a), (2)(b), or (2)(c)4.

16                              drugs).

17  914.14(2)          3rd      Witnesses accepting bribes.

18  914.22(1)          3rd      Force, threaten, etc., witness,

19                              victim, or informant.

20  914.23(2)          3rd      Retaliation against a witness,

21                              victim, or informant, no bodily

22                              injury.

23  918.12             3rd      Tampering with jurors.

24  934.215            3rd      Use of two-way communications

25                              device to facilitate commission

26                              of a crime.

27                              (e)  LEVEL 5

28  316.027(1)(a)      3rd      Accidents involving personal

29                              injuries, failure to stop;

30                              leaving scene.

31  316.1935(4)        2nd      Aggravated fleeing or eluding.

                                  17

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 1  322.34(6)          3rd      Careless operation of motor

 2                              vehicle with suspended license,

 3                              resulting in death or serious

 4                              bodily injury.

 5  327.30(5)          3rd      Vessel accidents involving

 6                              personal injury; leaving scene.

 7  381.0041

 8   (11)(b)           3rd      Donate blood, plasma, or organs

 9                              knowing HIV positive.

10  440.10(1)(g)       2nd      Failure to obtain workers'

11                              compensation coverage.

12  440.105(5)         2nd      Unlawful solicitation for the

13                              purpose of making workers'

14                              compensation claims.

15  440.381(2)         2nd      Submission of false, misleading,

16                              or incomplete information with

17                              the purpose of avoiding or

18                              reducing workers' compensation

19                              premiums.

20  624.401(4)(b)2.    2nd      Transacting insurance without a

21                              certificate or authority; premium

22                              collected $20,000 or more but

23                              less than $100,000.

24  626.902(1)(c)      2nd      Representing an unauthorized

25                              insurer; repeat offender.

26  790.01(2)          3rd      Carrying a concealed firearm.

27  790.162            2nd      Threat to throw or discharge

28                              destructive device.

29  790.163(1)         2nd      False report of deadly explosive

30                              or weapon of mass destruction.

31  

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 1  790.221(1)         2nd      Possession of short-barreled

 2                              shotgun or machine gun.

 3  790.23             2nd      Felons in possession of firearms

 4                              or electronic weapons or devices.

 5  800.04(6)(c)       3rd      Lewd or lascivious conduct;

 6                              offender less than 18 years.

 7  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

 8                              offender 18 years or older.

 9  806.111(1)         3rd      Possess, manufacture, or dispense

10                              fire bomb with intent to damage

11                              any structure or property.

12  812.0145(2)(b)     2nd      Theft from person 65 years of age

13                              or older; $10,000 or more but

14                              less than $50,000.

15  812.015(8)         3rd      Retail theft; property stolen is

16                              valued at $300 or more and one or

17                              more specified acts.

18  812.019(1)         2nd      Stolen property; dealing in or

19                              trafficking in.

20  812.131(2)(b)      3rd      Robbery by sudden snatching.

21  812.16(2)          3rd      Owning, operating, or conducting

22                              a chop shop.

23  817.034(4)(a)2.    2nd      Communications fraud, value

24                              $20,000 to $50,000.

25  817.234(11)(b)     2nd      Insurance fraud; property value

26                              $20,000 or more but less than

27                              $100,000.

28  

29  

30  

31  

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 1  817.2341(1),

 2   (2)(a)&(3)(a)     3rd      Filing false financial

 3                              statements, making false entries

 4                              of material fact or false

 5                              statements regarding property

 6                              values relating to the solvency

 7                              of an insuring entity.

 8  817.568(2)(b)      2nd      Fraudulent use of personal

 9                              identification information; value

10                              of benefit, services received,

11                              payment avoided, or amount of

12                              injury or fraud, $5,000 or more

13                              or use of personal identification

14                              information of 10 or more

15                              individuals.

16  817.625(2)(b)      2nd      Second or subsequent fraudulent

17                              use of scanning device or

18                              reencoder.

19  825.1025(4)        3rd      Lewd or lascivious exhibition in

20                              the presence of an elderly person

21                              or disabled adult.

22  827.071(4)         2nd      Possess with intent to promote

23                              any photographic material, motion

24                              picture, etc., which includes

25                              sexual conduct by a child.

26  839.13(2)(b)       2nd      Falsifying records of an

27                              individual in the care and

28                              custody of a state agency

29                              involving great bodily harm or

30                              death.

31  

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 1  843.01             3rd      Resist officer with violence to

 2                              person; resist arrest with

 3                              violence.

 4  874.05(2)          2nd      Encouraging or recruiting another

 5                              to join a criminal street gang;

 6                              second or subsequent offense.

 7  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

 8                              cocaine (or other s.

 9                              893.03(1)(a), (1)(b), (1)(d),

10                              (2)(a), (2)(b), or (2)(c)4.

11                              drugs).

12  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

13                              cannabis (or other s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

15                              (2)(c)3., (2)(c)5., (2)(c)6.,

16                              (2)(c)7., (2)(c)8., (2)(c)9.,

17                              (3), or (4) drugs) within 1,000

18                              feet of a child care facility,

19                              school, or state, county, or

20                              municipal park or publicly owned

21                              recreational facility or

22                              community center.

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

24                              cocaine (or other s.

25                              893.03(1)(a), (1)(b), (1)(d),

26                              (2)(a), (2)(b), or (2)(c)4.

27                              drugs) within 1,000 feet of

28                              university.

29  

30  

31  

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 1  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

 2                              cannabis or other drug prohibited

 3                              under s. 893.03(1)(c), (2)(c)1.,

 4                              (2)(c)2., (2)(c)3., (2)(c)5.,

 5                              (2)(c)6., (2)(c)7., (2)(c)8.,

 6                              (2)(c)9., (3), or (4) within

 7                              1,000 feet of property used for

 8                              religious services or a specified

 9                              business site.

10  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

11                              cocaine (or other s.

12                              893.03(1)(a), (1)(b), (1)(d), or

13                              (2)(a), (2)(b), or (2)(c)4.

14                              drugs) within 1,000 feet of

15                              public housing facility.

16  893.13(4)(b)       2nd      Deliver to minor cannabis (or

17                              other s. 893.03(1)(c), (2)(c)1.,

18                              (2)(c)2., (2)(c)3., (2)(c)5.,

19                              (2)(c)6., (2)(c)7., (2)(c)8.,

20                              (2)(c)9., (3), or (4) drugs).

21                              (h)  LEVEL 8

22  316.193

23   (3)(c)3.a.        2nd      DUI manslaughter.

24  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

25  499.0051(7)        1st      Forgery of prescription or legend

26                              drug labels.

27  499.0052           1st      Trafficking in contraband legend

28                              drugs.

29  

30  

31  

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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  812.13(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.

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 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  

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 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  

31  

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 1  893.135

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

 3                              200 grams or more, less than 400

 4                              grams.

 5  895.03(1)          1st      Use or invest proceeds derived

 6                              from pattern of racketeering

 7                              activity.

 8  895.03(2)          1st      Acquire or maintain through

 9                              racketeering activity any

10                              interest in or control of any

11                              enterprise or real property.

12  895.03(3)          1st      Conduct or participate in any

13                              enterprise through pattern of

14                              racketeering activity.

15  896.101(5)(b)      2nd      Money laundering, financial

16                              transactions totaling or

17                              exceeding $20,000, but less than

18                              $100,000.

19  896.104(4)(a)2.    2nd      Structuring transactions to evade

20                              reporting or registration

21                              requirements, financial

22                              transactions totaling or

23                              exceeding $20,000 but less than

24                              $100,000.

25                              (i)  LEVEL 9

26  316.193

27   (3)(c)3.b.        1st      DUI manslaughter; failing to

28                              render aid or give information.

29  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

30                              render aid or give information.

31  

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 1  499.0053           1st      Sale or purchase of contraband

 2                              legend drugs resulting in great

 3                              bodily harm.

 4  560.123(8)(b)3.    1st      Failure to report currency or

 5                              payment instruments totaling or

 6                              exceeding $100,000 by money

 7                              transmitter.

 8  560.125(5)(c)      1st      Money transmitter business by

 9                              unauthorized person, currency, or

10                              payment instruments totaling or

11                              exceeding $100,000.

12  655.50(10)(b)3.    1st      Failure to report financial

13                              transactions totaling or

14                              exceeding $100,000 by financial

15                              institution.

16  775.0844           1st      Aggravated white collar crime.

17  782.04(1)          1st      Attempt, conspire, or solicit to

18                              commit premeditated murder.

19  782.04(3)          1st,PBL   Accomplice to murder in

20                              connection with arson, sexual

21                              battery, robbery, burglary, and

22                              other specified felonies.

23  782.051(1)         1st      Attempted felony murder while

24                              perpetrating or attempting to

25                              perpetrate a felony enumerated in

26                              s. 782.04(3).

27  782.07(2)          1st      Aggravated manslaughter of an

28                              elderly person or disabled adult.

29  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

30                              reward or as a shield or hostage.

31  

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 1  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

 2                              or facilitate commission of any

 3                              felony.

 4  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

 5                              interfere with performance of any

 6                              governmental or political

 7                              function.

 8  787.02(3)(a)       1st      False imprisonment; child under

 9                              age 13; perpetrator also commits

10                              aggravated child abuse, sexual

11                              battery, or lewd or lascivious

12                              battery, molestation, conduct, or

13                              exhibition.

14  790.161            1st      Attempted capital destructive

15                              device offense.

16  790.166(2)         1st,PBL  Possessing, selling, using, or

17                              attempting to use a weapon of

18                              mass destruction.

19  794.011(2)         1st      Attempted sexual battery; victim

20                              less than 12 years of age.

21  794.011(2)         Life     Sexual battery; offender younger

22                              than 18 years and commits sexual

23                              battery on a person less than 12

24                              years.

25  794.011(4)         1st      Sexual battery; victim 12 years

26                              or older, certain circumstances.

27  794.011(8)(b)      1st      Sexual battery; engage in sexual

28                              conduct with minor 12 to 18 years

29                              by person in familial or

30                              custodial authority.

31  

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 1  800.04(5)(b)       1st      Lewd or lascivious molestation;

 2                              victim less than 12 years;

 3                              offender 18 years or older.

 4  812.13(2)(a)       1st,PBL  Robbery with firearm or other

 5                              deadly weapon.

 6  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

 7                              deadly weapon.

 8  817.568(7)         2nd,PBL  Fraudulent use of personal

 9                              identification information of an

10                              individual under the age of 18 by

11                              his or her parent, legal

12                              guardian, or person exercising

13                              custodial authority.

14  827.03(2)          1st      Aggravated child abuse.

15  847.0145(1)        1st      Selling, or otherwise

16                              transferring custody or control,

17                              of a minor.

18  847.0145(2)        1st      Purchasing, or otherwise

19                              obtaining custody or control, of

20                              a minor.

21  859.01             1st      Poisoning or introducing

22                              bacteria, radioactive materials,

23                              viruses, or chemical compounds

24                              into food, drink, medicine, or

25                              water with intent to kill or

26                              injure another person.

27  893.135            1st      Attempted capital trafficking

28                              offense.

29  893.135(1)(a)3.    1st      Trafficking in cannabis, more

30                              than 10,000 lbs.

31  

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 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.

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 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.  This act shall take effect July 1, 2004.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Prohibits the use of a false or counterfeit hotel key
      card to obtain or attempt to obtain credit or to purchase
11    or attempt to purchase any goods, property, or service.
      Redefines the term "access device" to include a hotel key
12    card. Redefines the term "payment card" to include a
      hotel key card. Provides criminal penalties. (See bill
13    for details.)

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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