Senate Bill sb1482c1
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Florida Senate - 2004 CS for SB 1482
By the Committee on Criminal Justice; and Senator Crist
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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 or other card with a magnetic strip to
6 obtain or attempt to obtain credit or to
7 purchase or attempt to purchase any goods,
8 property, or service; providing penalties;
9 amending s. 817.568, F.S.; redefining the term
10 "access device" to include a hotel key card or
11 other card with a magnetic strip; providing
12 criminal penalties for the unlawful use of a
13 hotel key card or other card with a magnetic
14 strip; amending s. 817.625, F.S.; defining the
15 term "different payment card" to include a
16 hotel key card or other card with a magnetic
17 strip for the purpose of the unlawful use of a
18 reencoder; reenacting s. 921.0022(3)(b), (d),
19 (e), (h), and (i), F.S., relating to the
20 offense severity ranking chart of the Criminal
21 Punishment Code, to incorporate the amendments
22 to ss. 817.481, 817.568, and 817.625, F.S., in
23 references thereto; providing an effective
24 date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 817.481, Florida Statutes, is
29 amended to read:
30 817.481 Credit cards; obtaining goods by use of false,
31 expired, etc.; penalty.--
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1 (1) It shall be unlawful for any person knowingly to
2 obtain or attempt to obtain credit, or to purchase or attempt
3 to purchase any goods, property, or service, by the use of any
4 false, fictitious, counterfeit, or expired credit card,
5 telephone number, credit number, hotel key card or other card
6 with a magnetic strip, or other credit device, or by the use
7 of any credit card, telephone number, credit number, hotel key
8 card or other card with a magnetic strip, or other credit
9 device of another without the authority of the person to whom
10 the such card, number, or device was issued, or by the use of
11 any credit card, telephone number, credit number, hotel key
12 card or other card with a magnetic strip, or other credit
13 device in any case where the such card, number, or device has
14 been revoked and notice of revocation has been given to the
15 person to whom issued.
16 (2) It shall be unlawful for any person to avoid or
17 attempt to avoid or to cause another to avoid payment of the
18 lawful charges, in whole or in part, for any telephone or
19 telegraph service or for the transmission of a message,
20 signal, or other communication by telephone or telegraph or
21 over telephone or telegraph facilities by the use of any
22 fraudulent scheme, means, or method, or any mechanical,
23 electric, or electronic device.
24 (3)(a) If the value of the property, goods, or
25 services obtained or which are sought to be obtained in
26 violation of this section is $300 or more, the offender
27 commits shall be guilty of grand larceny.
28 (b) If the value of the property, goods, or services
29 obtained or which are sought to be obtained in violation of
30 this section is less than $300, the offender commits shall be
31 guilty of petit larceny.
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1 Section 2. Section 817.568, Florida Statutes, is
2 amended to read:
3 817.568 Criminal use of personal identification
4 information.--
5 (1) As used in this section, the term:
6 (a) "Access device" means any card, plate, code,
7 account number, electronic serial number, mobile
8 identification number, personal identification number, or
9 other telecommunications service, equipment, or instrument
10 identifier, or other means of account access, including a
11 hotel key card or other card with a magnetic strip, which that
12 can be used, alone or in conjunction with another access
13 device, to obtain money, goods, services, or any other thing
14 of value, or which that can be used to initiate a transfer of
15 funds, other than a transfer originated solely by paper
16 instrument.
17 (b) "Authorization" means empowerment, permission, or
18 competence to act.
19 (c) "Harass" means to engage in conduct directed at a
20 specific person that is intended to cause substantial
21 emotional distress to the such person and serves no legitimate
22 purpose. "Harass" does not mean to use personal identification
23 information for accepted commercial purposes. The term does
24 not include constitutionally protected conduct such as
25 organized protests or the use of personal identification
26 information for accepted commercial purposes.
27 (d) "Individual" means a single human being and does
28 not mean a firm, association of individuals, corporation,
29 partnership, joint venture, sole proprietorship, or any other
30 entity.
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1 (e) "Person" means a "person" as defined in s.
2 1.01(3).
3 (f) "Personal identification information" means any
4 name or number that may be used, alone or in conjunction with
5 any other information, to identify a specific individual,
6 including any:
7 1. Name, social security number, date of birth,
8 official state-issued or United States-issued driver's license
9 or identification number, alien registration number,
10 government passport number, employer or taxpayer
11 identification number, Medicaid or food stamp account number,
12 or bank account or credit card number;
13 2. Unique biometric data, such as fingerprint, voice
14 print, retina or iris image, or other unique physical
15 representation;
16 3. Unique electronic identification number, address,
17 or routing code; or
18 4. Telecommunication identifying information; or
19 5. Access device.
20 (2)(a) Any person who willfully and without
21 authorization fraudulently uses, or possesses with intent to
22 fraudulently use, personal identification information
23 concerning an individual without first obtaining that
24 individual's consent, commits the offense of fraudulent use of
25 personal identification information, which is a felony of the
26 third degree, punishable as provided in s. 775.082, s.
27 775.083, or s. 775.084.
28 (b) Any person who willfully and without authorization
29 fraudulently uses personal identification information
30 concerning an individual without first obtaining that
31 individual's consent commits a felony of the second degree,
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1 punishable as provided in s. 775.082, s. 775.083, or s.
2 775.084, if the pecuniary benefit, the value of the services
3 received, the payment sought to be avoided, or the amount of
4 the injury or fraud perpetrated is $5,000 or more or if the
5 person fraudulently uses the personal identification
6 information of 10 or more individuals without their consent.
7 Notwithstanding any other provision of law, the court shall
8 sentence any person convicted of committing the offense
9 described in this paragraph to a mandatory minimum sentence of
10 3 years' imprisonment.
11 (c) Any person who willfully and without authorization
12 fraudulently uses personal identification information
13 concerning an individual without first obtaining that
14 individual's consent commits a felony of the first degree,
15 punishable as provided in s. 775.082, s. 775.083, or s.
16 775.084, if the pecuniary benefit, the value of the services
17 received, the payment sought to be avoided, or the amount of
18 the injury or fraud perpetrated is $50,000 or more or if the
19 person fraudulently uses the personal identification
20 information of 20 or more individuals without their consent.
21 Notwithstanding any other provision of law, the court shall
22 sentence any person convicted of committing the offense
23 described in this paragraph:
24 1. To a mandatory minimum sentence of 5 years'
25 imprisonment.
26 2. To a mandatory minimum sentence of 10 years'
27 imprisonment, if the pecuniary benefit, the value of the
28 services received, the payment sought to be avoided, or the
29 amount of the injury or fraud perpetrated is $100,000 or more
30 or if the person fraudulently uses the personal identification
31 information of 30 or more individuals without their consent.
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1 (3) Neither paragraph (2)(b) nor paragraph (2)(c)
2 prevents a court from imposing a greater sentence of
3 incarceration as authorized by law. If the minimum mandatory
4 terms of imprisonment imposed under paragraph (2)(b) or
5 paragraph (2)(c) exceed the maximum sentences authorized under
6 s. 775.082, s. 775.084, or the Criminal Punishment Code under
7 chapter 921, the mandatory minimum sentence must be imposed.
8 If the mandatory minimum terms of imprisonment under paragraph
9 (2)(b) or paragraph (2)(c) are less than the sentence that
10 could be imposed under s. 775.082, s. 775.084, or the Criminal
11 Punishment Code under chapter 921, the sentence imposed by the
12 court must include the mandatory minimum term of imprisonment
13 as required by paragraph (2)(b) or paragraph (2)(c).
14 (4) Any person who willfully and without authorization
15 possesses, uses, or attempts to use personal identification
16 information concerning an individual without first obtaining
17 that individual's consent, and who does so for the purpose of
18 harassing that individual, commits the offense of harassment
19 by use of personal identification information, which is a
20 misdemeanor of the first degree, punishable as provided in s.
21 775.082 or s. 775.083.
22 (5) If an offense prohibited under this section was
23 facilitated or furthered by the use of a public record, as
24 defined in s. 119.011, the offense is reclassified to the next
25 higher degree as follows:
26 (a) A misdemeanor of the first degree is reclassified
27 as a felony of the third degree.
28 (b) A felony of the third degree is reclassified as a
29 felony of the second degree.
30 (c) A felony of the second degree is reclassified as a
31 felony of the first degree.
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2 For purposes of sentencing under chapter 921 and incentive
3 gain-time eligibility under chapter 944, a felony offense that
4 is reclassified under this subsection is ranked one level
5 above the ranking under s. 921.0022 of the felony offense
6 committed, and a misdemeanor offense that is reclassified
7 under this subsection is ranked in level 2 of the offense
8 severity ranking chart in s. 921.0022.
9 (6) Any person who willfully and without authorization
10 fraudulently uses personal identification information
11 concerning an individual who is less than 18 years of age
12 without first obtaining the consent of that individual or of
13 his or her legal guardian commits a felony of the second
14 degree, punishable as provided in s. 775.082, s. 775.083, or
15 s. 775.084.
16 (7) Any person who is in the relationship of parent or
17 legal guardian, or who otherwise exercises custodial authority
18 over an individual who is less than 18 years of age, who
19 willfully and fraudulently uses personal identification
20 information of that individual commits a felony of the second
21 degree, punishable as provided in s. 775.082, s. 775.083, or
22 s. 775.084.
23 (8) This section does not prohibit any lawfully
24 authorized investigative, protective, or intelligence activity
25 of a law enforcement agency of this state or any of its
26 political subdivisions, of any other state or its political
27 subdivisions, or of the Federal Government or its political
28 subdivisions.
29 (9)(a) In sentencing a defendant convicted of an
30 offense under this section, the court may order that the
31 defendant make restitution under pursuant to s. 775.089 to any
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1 victim of the offense. In addition to the victim's
2 out-of-pocket costs, such restitution may include payment of
3 any other costs, including attorney's fees incurred by the
4 victim in clearing the victim's credit history or credit
5 rating, or any costs incurred in connection with any civil or
6 administrative proceeding to satisfy any debt, lien, or other
7 obligation of the victim arising as the result of the actions
8 of the defendant.
9 (b) The sentencing court may issue such orders as are
10 necessary to correct any public record that contains false
11 information given in violation of this section.
12 (10) Prosecutions for violations of this section may
13 be brought on behalf of the state by any state attorney or by
14 the statewide prosecutor.
15 (11) The Legislature finds that, in the absence of
16 evidence to the contrary, the location where a victim gives or
17 fails to give consent to the use of personal identification
18 information is the county where the victim generally resides.
19 (12) Notwithstanding any other provision of law, venue
20 for the prosecution and trial of violations of this section
21 may be commenced and maintained in any county in which an
22 element of the offense occurred, including the county where
23 the victim generally resides.
24 (13) A prosecution of an offense prohibited under
25 subsection (2), subsection (6), or subsection (7) must be
26 commenced within 3 years after the offense occurred. However,
27 a prosecution may be commenced within 1 year after discovery
28 of the offense by an aggrieved party, or by a person who has a
29 legal duty to represent the aggrieved party and who is not a
30 party to the offense, if such prosecution is commenced within
31 5 years after the violation occurred.
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1 Section 3. Section 817.625, Florida Statutes, is
2 amended to read:
3 817.625 Use of scanning device or reencoder to
4 defraud; penalties.--
5 (1) As used in this section, the term:
6 (a) "Scanning device" means a scanner, reader, or any
7 other electronic device that is used to access, read, scan,
8 obtain, memorize, or store, temporarily or permanently,
9 information encoded on the magnetic strip or stripe of a
10 payment card.
11 (b) "Reencoder" means an electronic device that places
12 encoded information from the magnetic strip or stripe of a
13 payment card onto the magnetic strip or stripe of a different
14 payment card.
15 (c) "Payment card" means a credit card, charge card,
16 debit card, or any other card that is issued to an authorized
17 card user and that allows the user to obtain, purchase, or
18 receive goods, services, money, or anything else of value from
19 a merchant.
20 (d) "Different payment card" means a hotel key card or
21 other card with a magnetic strip or stripe.
22 (e)(d) "Merchant" means a person who receives from an
23 authorized user of a payment card, or someone the person
24 believes to be an authorized user, a payment card or
25 information from a payment card, or what the person believes
26 to be a payment card or information from a payment card, as
27 the instrument for obtaining, purchasing, or receiving goods,
28 services, money, or anything else of value from the person.
29 (2)(a) It is a felony of the third degree, punishable
30 as provided in s. 775.082, s. 775.083, or s. 775.084, for a
31 person to use:
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1 1. A scanning device to access, read, obtain,
2 memorize, or store, temporarily or permanently, information
3 encoded on the magnetic strip or stripe of a payment card
4 without the permission of the authorized user of the payment
5 card and with the intent to defraud the authorized user, the
6 issuer of the authorized user's payment card, or a merchant.
7 2. A reencoder to place information encoded on the
8 magnetic strip or stripe of a payment card onto the magnetic
9 strip or stripe of a different payment card without the
10 permission of the authorized user of the card from which the
11 information is being reencoded and with the intent to defraud
12 the authorized user, the issuer of the authorized user's
13 payment card, or a merchant.
14 (b) Any person who violates subparagraph (a)1. or
15 subparagraph (a)2. a second or subsequent time commits a
16 felony of the second degree, punishable as provided in s.
17 775.082, s. 775.083, or s. 775.084.
18 (c) Any person who violates subparagraph (a)1. or
19 subparagraph (a)2. shall also be subject to the provisions of
20 ss. 932.701-932.707.
21 Section 4. For the purpose of incorporating the
22 amendment made by this act to sections 817.481, 817.568, and
23 817.625, Florida Statutes, in references thereto, paragraphs
24 (b), (d), (e), (h), and (i) of subsection (3) of section
25 921.0022, Florida Statutes, are reenacted to read:
26 921.0022 Criminal Punishment Code; offense severity
27 ranking chart.--
28 (3) OFFENSE SEVERITY RANKING CHART
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1 Florida Felony
2 Statute Degree Description
3
4
5 (b) LEVEL 2
6 370.12(1)(e)3. 3rd Possession of 11 or fewer marine
7 turtle eggs in violation of the
8 Marine Turtle Protection Act.
9 370.12(1)(e)4. 3rd Possession of more than 11 marine
10 turtle eggs in violation of the
11 Marine Turtle Protection Act.
12 403.413(5)(c) 3rd Dumps waste litter exceeding 500
13 lbs. in weight or 100 cubic feet
14 in volume or any quantity for
15 commercial purposes, or hazardous
16 waste.
17 517.07 3rd Registration of securities and
18 furnishing of prospectus
19 required.
20 590.28(1) 3rd Willful, malicious, or
21 intentional burning.
22 784.05(3) 3rd Storing or leaving a loaded
23 firearm within reach of minor who
24 uses it to inflict injury or
25 death.
26 787.04(1) 3rd In violation of court order,
27 take, entice, etc., minor beyond
28 state limits.
29 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
30 or more to public communication
31 or any other public service.
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1 810.061(2) 3rd Impairing or impeding telephone
2 or power to a dwelling;
3 facilitating or furthering
4 burglary.
5 810.09(2)(e) 3rd Trespassing on posted commercial
6 horticulture property.
7 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
8 more but less than $5,000.
9 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
10 more but less than $300, taken
11 from unenclosed curtilage of
12 dwelling.
13 812.015(7) 3rd Possession, use, or attempted use
14 of an antishoplifting or
15 inventory control device
16 countermeasure.
17 817.234(1)(a)2. 3rd False statement in support of
18 insurance claim.
19 817.481(3)(a) 3rd Obtain credit or purchase with
20 false, expired, counterfeit,
21 etc., credit card, value over
22 $300.
23 817.52(3) 3rd Failure to redeliver hired
24 vehicle.
25 817.54 3rd With intent to defraud, obtain
26 mortgage note, etc., by false
27 representation.
28 817.60(5) 3rd Dealing in credit cards of
29 another.
30 817.60(6)(a) 3rd Forgery; purchase goods, services
31 with false card.
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1 817.61 3rd Fraudulent use of credit cards
2 over $100 or more within 6
3 months.
4 826.04 3rd Knowingly marries or has sexual
5 intercourse with person to whom
6 related.
7 831.01 3rd Forgery.
8 831.02 3rd Uttering forged instrument;
9 utters or publishes alteration
10 with intent to defraud.
11 831.07 3rd Forging bank bills, checks,
12 drafts, or promissory notes.
13 831.08 3rd Possessing 10 or more forged
14 notes, bills, checks, or drafts.
15 831.09 3rd Uttering forged notes, bills,
16 checks, drafts, or promissory
17 notes.
18 831.11 3rd Bringing into the state forged
19 bank bills, checks, drafts, or
20 notes.
21 832.05(3)(a) 3rd Cashing or depositing item with
22 intent to defraud.
23 843.08 3rd Falsely impersonating an officer.
24 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
25 (2)(c)1., (2)(c)2., (2)(c)3.,
26 (2)(c)5., (2)(c)6., (2)(c)7.,
27 (2)(c)8., (2)(c)9., (3), or (4)
28 drugs other than cannabis.
29 893.147(2) 3rd Manufacture or delivery of drug
30 paraphernalia.
31 (d) LEVEL 4
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1 316.1935(3) 2nd Driving at high speed or with
2 wanton disregard for safety while
3 fleeing or attempting to elude
4 law enforcement officer who is in
5 a marked patrol vehicle with
6 siren and lights activated.
7 499.0051(1) 3rd Failure to maintain or deliver
8 pedigree papers.
9 499.0051(2) 3rd Failure to authenticate pedigree
10 papers.
11 499.0051(6) 2nd Sale or delivery, or possession
12 with intent to sell, contraband
13 legend drugs.
14 784.07(2)(b) 3rd Battery of law enforcement
15 officer, firefighter, intake
16 officer, etc.
17 784.074(1)(c) 3rd Battery of sexually violent
18 predators facility staff.
19 784.075 3rd Battery on detention or
20 commitment facility staff.
21 784.078 3rd Battery of facility employee by
22 throwing, tossing, or expelling
23 certain fluids or materials.
24 784.08(2)(c) 3rd Battery on a person 65 years of
25 age or older.
26 784.081(3) 3rd Battery on specified official or
27 employee.
28 784.082(3) 3rd Battery by detained person on
29 visitor or other detainee.
30 784.083(3) 3rd Battery on code inspector.
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1 784.085 3rd Battery of child by throwing,
2 tossing, projecting, or expelling
3 certain fluids or materials.
4 787.03(1) 3rd Interference with custody;
5 wrongly takes child from
6 appointed guardian.
7 787.04(2) 3rd Take, entice, or remove child
8 beyond state limits with criminal
9 intent pending custody
10 proceedings.
11 787.04(3) 3rd Carrying child beyond state lines
12 with criminal intent to avoid
13 producing child at custody
14 hearing or delivering to
15 designated person.
16 790.115(1) 3rd Exhibiting firearm or weapon
17 within 1,000 feet of a school.
18 790.115(2)(b) 3rd Possessing electric weapon or
19 device, destructive device, or
20 other weapon on school property.
21 790.115(2)(c) 3rd Possessing firearm on school
22 property.
23 800.04(7)(d) 3rd Lewd or lascivious exhibition;
24 offender less than 18 years.
25 810.02(4)(a) 3rd Burglary, or attempted burglary,
26 of an unoccupied structure;
27 unarmed; no assault or battery.
28 810.02(4)(b) 3rd Burglary, or attempted burglary,
29 of an unoccupied conveyance;
30 unarmed; no assault or battery.
31 810.06 3rd Burglary; possession of tools.
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1 810.08(2)(c) 3rd Trespass on property, armed with
2 firearm or dangerous weapon.
3 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
4 or more but less than $20,000.
5 812.014
6 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
7 firearm, motor vehicle,
8 livestock, etc.
9 812.0195(2) 3rd Dealing in stolen property by use
10 of the Internet; property stolen
11 $300 or more.
12 817.563(1) 3rd Sell or deliver substance other
13 than controlled substance agreed
14 upon, excluding s. 893.03(5)
15 drugs.
16 817.568(2)(a) 3rd Fraudulent use of personal
17 identification information.
18 817.625(2)(a) 3rd Fraudulent use of scanning device
19 or reencoder.
20 828.125(1) 2nd Kill, maim, or cause great bodily
21 harm or permanent breeding
22 disability to any registered
23 horse or cattle.
24 837.02(1) 3rd Perjury in official proceedings.
25 837.021(1) 3rd Make contradictory statements in
26 official proceedings.
27 838.022 3rd Official misconduct.
28 839.13(2)(a) 3rd Falsifying records of an
29 individual in the care and
30 custody of a state agency.
31
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1 839.13(2)(c) 3rd Falsifying records of the
2 Department of Children and Family
3 Services.
4 843.021 3rd Possession of a concealed
5 handcuff key by a person in
6 custody.
7 843.025 3rd Deprive law enforcement,
8 correctional, or correctional
9 probation officer of means of
10 protection or communication.
11 843.15(1)(a) 3rd Failure to appear while on bail
12 for felony (bond estreature or
13 bond jumping).
14 874.05(1) 3rd Encouraging or recruiting another
15 to join a criminal street gang.
16 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
17 893.03(1)(a), (b), or (d),
18 (2)(a), (2)(b), or (2)(c)4.
19 drugs).
20 914.14(2) 3rd Witnesses accepting bribes.
21 914.22(1) 3rd Force, threaten, etc., witness,
22 victim, or informant.
23 914.23(2) 3rd Retaliation against a witness,
24 victim, or informant, no bodily
25 injury.
26 918.12 3rd Tampering with jurors.
27 934.215 3rd Use of two-way communications
28 device to facilitate commission
29 of a crime.
30 (e) LEVEL 5
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1 316.027(1)(a) 3rd Accidents involving personal
2 injuries, failure to stop;
3 leaving scene.
4 316.1935(4) 2nd Aggravated fleeing or eluding.
5 322.34(6) 3rd Careless operation of motor
6 vehicle with suspended license,
7 resulting in death or serious
8 bodily injury.
9 327.30(5) 3rd Vessel accidents involving
10 personal injury; leaving scene.
11 381.0041
12 (11)(b) 3rd Donate blood, plasma, or organs
13 knowing HIV positive.
14 440.10(1)(g) 2nd Failure to obtain workers'
15 compensation coverage.
16 440.105(5) 2nd Unlawful solicitation for the
17 purpose of making workers'
18 compensation claims.
19 440.381(2) 2nd Submission of false, misleading,
20 or incomplete information with
21 the purpose of avoiding or
22 reducing workers' compensation
23 premiums.
24 624.401(4)(b)2. 2nd Transacting insurance without a
25 certificate or authority; premium
26 collected $20,000 or more but
27 less than $100,000.
28 626.902(1)(c) 2nd Representing an unauthorized
29 insurer; repeat offender.
30 790.01(2) 3rd Carrying a concealed firearm.
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1 790.162 2nd Threat to throw or discharge
2 destructive device.
3 790.163(1) 2nd False report of deadly explosive
4 or weapon of mass destruction.
5 790.221(1) 2nd Possession of short-barreled
6 shotgun or machine gun.
7 790.23 2nd Felons in possession of firearms
8 or electronic weapons or devices.
9 800.04(6)(c) 3rd Lewd or lascivious conduct;
10 offender less than 18 years.
11 800.04(7)(c) 2nd Lewd or lascivious exhibition;
12 offender 18 years or older.
13 806.111(1) 3rd Possess, manufacture, or dispense
14 fire bomb with intent to damage
15 any structure or property.
16 812.0145(2)(b) 2nd Theft from person 65 years of age
17 or older; $10,000 or more but
18 less than $50,000.
19 812.015(8) 3rd Retail theft; property stolen is
20 valued at $300 or more and one or
21 more specified acts.
22 812.019(1) 2nd Stolen property; dealing in or
23 trafficking in.
24 812.131(2)(b) 3rd Robbery by sudden snatching.
25 812.16(2) 3rd Owning, operating, or conducting
26 a chop shop.
27 817.034(4)(a)2. 2nd Communications fraud, value
28 $20,000 to $50,000.
29 817.234(11)(b) 2nd Insurance fraud; property value
30 $20,000 or more but less than
31 $100,000.
19
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Florida Senate - 2004 CS for SB 1482
307-2121-04
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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Florida Senate - 2004 CS for SB 1482
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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
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Florida Senate - 2004 CS for SB 1482
307-2121-04
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
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Florida Senate - 2004 CS for SB 1482
307-2121-04
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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Florida Senate - 2004 CS for SB 1482
307-2121-04
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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Florida Senate - 2004 CS for SB 1482
307-2121-04
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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Florida Senate - 2004 CS for SB 1482
307-2121-04
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
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Florida Senate - 2004 CS for SB 1482
307-2121-04
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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Florida Senate - 2004 CS for SB 1482
307-2121-04
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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Florida Senate - 2004 CS for SB 1482
307-2121-04
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.
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Florida Senate - 2004 CS for SB 1482
307-2121-04
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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Florida Senate - 2004 CS for SB 1482
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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.
31
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Florida Senate - 2004 CS for SB 1482
307-2121-04
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 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
9 Senate Bill 1482
10
11 - Provides that unlawful use of certain numbers, cards, or
devices to obtain any goods, property, or service,
12 includes the unlawful use of any card with a magnetic
strip to obtain goods, property, or services.
13
- Adds cards with a magnetic strip to the definition of
14 "access device," which is "personal identification
information" for the purpose of unlawfully obtaining or
15 using "personal identification information."
16 - Defines the term "different payment card" to include a
hotel key card or other card with a magnetic strip for
17 the purpose of using a reencoder to unlawfully place
information encoded on the magnetic strip of a payment
18 card onto the magnetic strip of a different payment card.
19
20
21
22
23
24
25
26
27
28
29
30
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