HB 0177

CS

CHAMBER ACTION

1	The Committee on Public Safety & Crime Prevention recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to theft; creating the Statewide Study
8	Commission on Cargo Theft and Trucking Security; providing
9	legislative findings in support of creating the
10	commission; providing for commission membership;
11	specifying the purpose of the commission; providing for
12	staffing of the commission; requiring that meetings of the
13	commission be open to the public and held within the
14	state; authorizing reimbursement for travel and per diem
15	expenses for members while carrying out official business
16	of the commission; specifying commission duties; requiring
17	the commission to report its findings and recommendations
18	to the Governor and to legislative leaders by a specified
19	date; providing for expiration of the commission upon the
20	submission of its report; amending s. 812.014, F.S.;
21	providing that the theft of a semitrailer deployed by a
22	law enforcement agency is grand theft of the first degree,
23	punishable as a felony of the first degree; creating s.
24	812.0147, F.S.; providing that it is a felony of the
25	second degree to commit certain acts involving a fifth
26	wheel or altered fifth wheel with the intent to commit or
27	attempt to commit theft; providing penalties; amending s.
28	921.0022, F.S.; increasing the severity ranking of
29	offenses involving cargo theft and providing for the
30	ranking of offenses involving the theft of a semitrailer
31	deployed by a law enforcement agency on the offense
32	severity ranking chart of the Criminal Punishment Code;
33	reenacting ss. 311.12(3)(c), 812.0155(2), and
34	985.227(1)(a), F.S., relating to seaport security
35	standards, suspension of driver's license following
36	adjudication of guilt for theft, and offenses committed by
37	certain juvenile offenders for which a state attorney
38	pursue adult prosecution, respectively, for the purpose of
39	incorporating the amendment to s. 812.014, F.S., in
40	references thereto; providing effective dates.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1.  Statewide Study Commission on Cargo Theft and
45	Trucking Security.--
46	(1)  For the purposes of this section, the term
47	"commission" means the Statewide Study Commission on Cargo Theft
48	and Trucking Security.
49	(2)  The Legislature finds that the theft of cargo from
50	commercial trucking vehicles, as well as the theft of the
51	vehicles, in this state are increasing. Losses from these thefts
52	have a considerable negative impact on businesses and commerce
53	in this state. The Legislature further finds that the creation
54	of a Statewide Study Commission on Cargo Theft and Trucking
55	Security issues to collect information and testimony would be of
56	benefit to the state and to the Legislature in determining
57	appropriate safety and homeland security measures. The purpose
58	of the commission is to address cargo theft issues, including,
59	but not limited to, measures that would mandate action by the
60	trucking industry.
61	(3)  The Statewide Study Commission on Cargo Theft and
62	Trucking Security is created and is assigned to the Department
63	of Transportation for administrative and fiscal purposes only.
64	The commission shall be staffed by the Office of Motor Carrier
65	Compliance in the Department of Transportation.
66	(4)  The commission shall consist of eight members,
67	including:
68	(a)  A member of the trucking industry in this state who is
69	not a member of the Florida Trucking Association or the American
70	Trucking Association, appointed by the Governor.
71	(b)  A member of the Senate, appointed by the President of
72	the Senate.
73	(c)  A member of the House of Representatives, appointed by
74	the Speaker of the House of Representatives.
75	(d)  The director of the Office of Motor Carrier Compliance
76	in the Department of Transportation or the director's designee.
77	(e)  The president of the Florida Sheriff's Association or
78	the president's designee.
79	(f)  The president of the Florida Trucking Association or
80	the president's designee.
81	(g)  The head of the Tactical Operations Multi-Agency Cargo
82	Anti-Theft Task Force or that person's designee.
83	(h)  The president of the Florida Retail Federation or the
84	president's designee.
85	(5)  Members of the commission who are subject to
86	appointment must be appointed by May 1, 2004. All members of the
87	commission shall convene by June 1, 2004, to organize and select
88	a chair for the commission. The director of the Office of Motor
89	Carrier Compliance in the Department of Transportation shall set
90	the first meeting date. The chair of the commission shall set
91	the dates of subsequent meetings.
92	(6)  A vacancy of an appointed member of the commission
93	shall be filled in the same manner as the original appointment.
94	A vacancy of a member who may select a designee shall be filled
95	by the member's selected designee or, if the vacancy concerns a
96	member's selected designee, shall be filled by the member or
97	another designee selected by the member. Vacancies must be
98	filled as soon as possible.
99	(7)  The commission shall hold its meetings within the
100	state. Meetings of the commission shall be open to the public.
101	(8)  Members of the commission shall serve without
102	compensation but are entitled to receive reimbursement for
103	travel and per diem expenses, as provided by s. 112.061, Florida
104	Statutes, while carrying out official business of the
105	commission.
106	(9)  The commission shall examine issues related to cargo
107	theft and trucking security and shall make findings and
108	recommendations on matters including, but not limited to:
109	(a)  The scope and breadth of the cargo theft problem in
110	this state.
111	(b)  The costs and benefits of mandating that security
112	devices be installed on certain vehicles; the parameters of such
113	a potential mandate; and the potential effects of any such
114	mandate on the efficient flow of commerce in this state.
115	(c)  The use of technological advances to protect cargo
116	shipments.
117	(d)  Recommended language for legislation addressing cargo
118	theft and trucking security, if necessary, for consideration by
119	the Legislature.
120	(e)  Best practices regarding trucking security which are
121	used by industry and other private-sector entities and by
122	public-sector entities.
123	(10)  The commission shall state its findings and
124	recommendations in an official report that is adopted by the
125	commission members and transmitted to the Governor, the
126	President of the Senate, and the Speaker of the House of
127	Representatives by January 1, 2005. If the commission recommends
128	legislation, the report shall include an appendix containing a
129	draft of legislation proposed by the commission. The commission
130	shall automatically expire upon submission of its report to the
131	Governor and the Legislature.
132	Section 2.  Subsection (2) of section 812.014, Florida
133	Statutes, is amended to read:
134	812.014  Theft.--
135	(2)(a)1.  If the property stolen is valued at $100,000 or
136	more; or
137	2.  If the property stolen is a semitrailer, as defined in
138	s. 316.003, which was deployed by a law enforcement agency or is
139	cargo valued at $50,000 or more that has entered the stream of
140	interstate or intrastate commerce from the shipper's loading
141	platform to the consignee's receiving dock; or
142	3.  If the offender commits any grand theft and:
143	a.  In the course of committing the offense the offender
144	uses a motor vehicle as an instrumentality, other than merely as
145	a getaway vehicle, to assist in committing the offense and
146	thereby damages the real property of another; or
147	b.  In the course of committing the offense the offender
148	causes damage to the real or personal property of another in
149	excess of $1,000,
150
151	the offender commits grand theft in the first degree, punishable
152	as a felony of the first degree, as provided in s. 775.082, s.
153	775.083, or s. 775.084.
154	(b)1.  If the property stolen is valued at $20,000 or more,
155	but less than $100,000;
156	2.  The property stolen is cargo valued at less than
157	$50,000 that has entered the stream of interstate or intrastate
158	commerce from the shipper's loading platform to the consignee's
159	receiving dock; or
160	3.  The property stolen is emergency medical equipment,
161	valued at $300 or more, that is taken from a facility licensed
162	under chapter 395 or from an aircraft or vehicle permitted under
163	chapter 401,
164
165	the offender commits grand theft in the second degree,
166	punishable as a felony of the second degree, as provided in s.
167	775.082, s. 775.083, or s. 775.084. Emergency medical equipment
168	means mechanical or electronic apparatus used to provide
169	emergency services and care as defined in s. 395.002(10) or to
170	treat medical emergencies.
171	(c)  It is grand theft of the third degree and a felony of
172	the third degree, punishable as provided in s. 775.082, s.
173	775.083, or s. 775.084, if the property stolen is:
174	1.  Valued at $300 or more, but less than $5,000.
175	2.  Valued at $5,000 or more, but less than $10,000.
176	3.  Valued at $10,000 or more, but less than $20,000.
177	4.  A will, codicil, or other testamentary instrument.
178	5.  A firearm.
179	6.  A motor vehicle, except as provided in paragraph
180	(2)(a).
181	7.  Any commercially farmed animal, including any animal of
182	the equine, bovine, or swine class, or other grazing animal, and
183	including aquaculture species raised at a certified aquaculture
184	facility. If the property stolen is aquaculture species raised
185	at a certified aquaculture facility, then a $10,000 fine shall
186	be imposed.
187	8.  Any fire extinguisher.
188	9.  Any amount of citrus fruit consisting of 2,000 or more
189	individual pieces of fruit.
190	10.  Taken from a designated construction site identified
191	by the posting of a sign as provided for in s. 810.09(2)(d).
192	11.  Any stop sign.
193	12.  Anhydrous ammonia.
194	(d)  It is grand theft of the third degree and a felony of
195	the third degree, punishable as provided in s. 775.082, s.
196	775.083, or s. 775.084, if the property stolen is valued at $100
197	or more, but less than $300, and is taken from a dwelling as
198	defined in s. 810.011(2) or from the unenclosed curtilage of a
199	dwelling pursuant to s. 810.09(1).
200	(e)  Except as provided in paragraph (d), if the property
201	stolen is valued at $100 or more, but less than $300, the
202	offender commits petit theft of the first degree, punishable as
203	a misdemeanor of the first degree, as provided in s. 775.082 or
204	s. 775.083.
205	Section 3.  Section 812.0147, Florida Statutes, is created
206	to read:
207	812.0147  Unlawful possession or use of a fifth wheel.--
208	(1)  It is unlawful for any person to modify, alter, or
209	attempt to alter, or, if altered, to sell, possess, offer for
210	sale, move, or cause to be moved onto the highways of this
211	state, a fifth wheel, with the intent to use the altered fifth
212	wheel to commit or attempt to commit theft. For the purposes of
213	this section, the term "fifth wheel" applies only to a fifth
214	wheel on a truck tractor, as defined in s. 320.01.
215	(2)  A person who violates subsection (1) commits a felony
216	of the second degree, punishable as provided in s. 775.082, s.
217	775.083, or s. 775.084.
218	Section 4.  Paragraphs (f) through (i) of subsection (3) of
219	section 921.0022, Florida Statutes, are amended to read:
220	921.0022  Criminal Punishment Code; offense severity
221	ranking chart.--
222	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
223
	(f)  LEVEL 6
224
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
225
	499.0051(3) 2nd Forgery of pedigree papers.
226
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
227
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
228
	775.0875(1) 3rd Taking firearm from law enforcement officer.
229
	775.21(10) 3rd Sexual predators; failure to register; failure to renew driver's license or identification card.
230
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
231
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
232
	784.041 3rd Felony battery.
233
	784.048(3) 3rd Aggravated stalking; credible threat.
234
	784.048(5) 3rd Aggravated stalking of person under 16.
235
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
236
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
237
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
238
	784.081(2) 2nd Aggravated assault on specified official or employee.
239
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
240
	784.083(2) 2nd Aggravated assault on code inspector.
241
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
242
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
243
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
244
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
245
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
246
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
247
	794.05(1) 2nd Unlawful sexual activity with specified minor.
248
	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
249
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
250
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
251
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
252
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
253
	812.014(2)(b)2. 2nd Property stolen; cargo valued at less than $50,000, grand theft in 2nd degree.
254
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
255
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
256
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
257
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
258
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
259
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
260
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
261
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
262
	827.03(1) 3rd Abuse of a child.
263
	827.03(3)(c) 3rd Neglect of a child.
264
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
265
	836.05 2nd Threats; extortion.
266
	836.10 2nd Written threats to kill or do bodily injury.
267
	843.12 3rd Aids or assists person to escape.
268
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
269
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
270
	943.0435(9) 3rd Sex offenders; failure to comply with reporting requirements.
271
	944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
272
	944.40 2nd Escapes.
273
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
274
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
275
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
276
	(g)  LEVEL 7
277
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
278
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
279
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
280
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
281
	409.920(2) 3rd Medicaid provider fraud.
282
	456.065(2) 3rd Practicing a health care profession without a license.
283
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
284
	458.327(1) 3rd Practicing medicine without a license.
285
	459.013(1) 3rd Practicing osteopathic medicine without a license.
286
	460.411(1) 3rd Practicing chiropractic medicine without a license.
287
	461.012(1) 3rd Practicing podiatric medicine without a license.
288
	462.17 3rd Practicing naturopathy without a license.
289
	463.015(1) 3rd Practicing optometry without a license.
290
	464.016(1) 3rd Practicing nursing without a license.
291
	465.015(2) 3rd Practicing pharmacy without a license.
292
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
293
	467.201 3rd Practicing midwifery without a license.
294
	468.366 3rd Delivering respiratory care services without a license.
295
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
296
	483.901(9) 3rd Practicing medical physics without a license.
297
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
298
	484.053 3rd Dispensing hearing aids without a license.
299
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
300
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
301
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
302
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
303
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
304
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
305
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
306
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
307
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
308
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
309
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
310
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
311
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
312
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
313
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
314
	784.081(1) 1st Aggravated battery on specified official or employee.
315
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
316
	784.083(1) 1st Aggravated battery on code inspector.
317
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
318
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
319
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
320
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
321
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
322
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
323
	796.03 2nd Procuring any person under 16 years for prostitution.
324
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
325
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
326
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
327
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
328
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
329
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
330
	812.014(2)(a)1.& 3. 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
331
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
332
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
333
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
334
	812.131(2)(a) 2nd Robbery by sudden snatching.
335
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
336
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
337
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
338
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
339
	817.2341(2)(b)&(3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
340
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
341
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
342
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
343
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
344
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
345
	838.015 2nd Bribery.
346
	838.016 2nd Unlawful compensation or reward for official behavior.
347
	838.021(3)(a) 2nd Unlawful harm to a public servant.
348
	838.22 2nd Bid tampering.
349
	872.06 2nd Abuse of a dead human body.
350
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
351
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
352
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
353
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
354
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
355
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
356
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
357
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
358
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
359
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
360
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
361
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
362
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
363
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
364
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
365
	(h)  LEVEL 8
366
	316.193(3)(c)3.a. 2nd DUI manslaughter.
367
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
368
	499.0051(7) 1st Forgery of prescription or legend drug labels.
369
	499.0052 1st Trafficking in contraband legend drugs.
370
	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
371
	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
372
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
373
	777.03(2)(a) 1st Accessory after the fact, capital felony.
374
	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
375
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
376
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
377
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
378
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
379
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
380
	800.04(4) 2nd Lewd or lascivious battery.
381
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
382
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
383
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
384
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
385
	812.014(2)(b)2. 2nd Property stolen; cargo valued at less than $50,000; 2nd degree grand theft.
386
	812.13(2)(b) 1st Robbery with a weapon.
387
	812.135(2) 1st Home-invasion robbery.
388
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
389
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
390
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
391
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
392
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
393
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
394
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
395
	860.16 1st Aircraft piracy.
396
	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
397
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
398
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
399
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
400
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
401
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
402
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
403
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
404
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
405
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
406
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
407
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
408
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
409
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
410
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
411
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
412
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
413
	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
414
	(i)  LEVEL 9
415
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
416
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
417
	499.0053 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
418
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
419
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
420
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
421
	775.0844 1st Aggravated white collar crime.
422
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
423
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
424
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
425
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
426
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
427
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
428
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
429
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
430
	790.161 1st Attempted capital destructive device offense.
431
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
432
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
433
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
434
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
435
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
436
	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
437
	812.014(2)(a)2. 1st Property stolen; semitrailer deployed by law enforcement; cargo valued at $50,000 or more; 1st degree grand theft.
438
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
439
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
440
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
441
	827.03(2) 1st Aggravated child abuse.
442
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
443
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
444
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
445
	893.135 1st Attempted capital trafficking offense.
446
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
447
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
448
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
449
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
450
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
451
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
452
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
453
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
454
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
455
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
456
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
457
458	Section 5.  For the purpose of incorporating the amendment
459	to section 812.014, Florida Statutes, in a reference thereto,
460	paragraph (c) of subsection (3) of section 311.12, Florida
461	Statutes, is reenacted to read:
462	311.12  Seaport security standards.--
463	(3)
464	(c)  In addition to other requirements for employment or
465	access established by each seaport pursuant to its seaport
466	security plan, each seaport security plan shall provide that:
467	1.  Any person who has within the past 7 years been
468	convicted, regardless of whether adjudication was withheld, for
469	a forcible felony as defined in s. 776.08; an act of terrorism
470	as defined in s. 775.30; planting of a hoax bomb as provided in
471	s. 790.165; any violation involving the manufacture, possession,
472	sale, delivery, display, use, or attempted or threatened use of
473	a weapon of mass destruction or hoax weapon of mass destruction
474	as provided in s. 790.166; dealing in stolen property; any
475	violation of s. 893.135; any violation involving the sale,
476	manufacturing, delivery, or possession with intent to sell,
477	manufacture, or deliver a controlled substance; burglary;
478	robbery; any felony violation of s. 812.014; any violation of s.
479	790.07; any crime an element of which includes use or possession
480	of a firearm; any conviction for any similar offenses under the
481	laws of another jurisdiction; or conviction for conspiracy to
482	commit any of the listed offenses shall not be qualified for
483	initial employment within or regular access to a seaport or
484	restricted access area; and
485	2.  Any person who has at any time been convicted for any
486	of the listed offenses shall not be qualified for initial
487	employment within or authorized regular access to a seaport or
488	restricted access area unless, after release from incarceration
489	and any supervision imposed as a sentence, the person remained
490	free from a subsequent conviction, regardless of whether
491	adjudication was withheld, for any of the listed offenses for a
492	period of at least 7 years prior to the employment or access
493	date under consideration.
494	Section 6.  For the purpose of incorporating the amendment
495	to section 812.014, Florida Statutes, in a reference thereto,
496	subsection (2) of section 812.0155, Florida Statutes, is
497	reenacted to read:
498	812.0155  Suspension of driver's license following an
499	adjudication of guilt for theft.--
500	(2)  The court may revoke, suspend, or withhold issuance of
501	a driver's license of a person less than 18 years of age who
502	violates s. 812.014 or s. 812.015 as an alternative to
503	sentencing the person to:
504	(a)  Probation as defined in s. 985.03 or commitment to the
505	Department of Juvenile Justice, if the person is adjudicated
506	delinquent for such violation and has not previously been
507	convicted of or adjudicated delinquent for any criminal offense,
508	regardless of whether adjudication was withheld.
509	(b)  Probation as defined in s. 985.03, commitment to the
510	Department of Juvenile Justice, probation as defined in s.
511	948.01, community control, or incarceration, if the person is
512	convicted as an adult of such violation and has not previously
513	been convicted of or adjudicated delinquent for any criminal
514	offense, regardless of whether adjudication was withheld.
515	Section 7.  For the purpose of incorporating the amendment
516	to section 812.014, Florida Statutes, in a reference thereto,
517	paragraph (a) of subsection (1) of section 985.227, Florida
518	Statutes, is reenacted to read:
519	985.227  Prosecution of juveniles as adults by the direct
520	filing of an information in the criminal division of the circuit
521	court; discretionary criteria; mandatory criteria.--
522	(1)  DISCRETIONARY DIRECT FILE; CRITERIA.--
523	(a)  With respect to any child who was 14 or 15 years of
524	age at the time the alleged offense was committed, the state
525	attorney may file an information when in the state attorney's
526	judgment and discretion the public interest requires that adult
527	sanctions be considered or imposed and when the offense charged
528	is for the commission of, attempt to commit, or conspiracy to
529	commit:
530	1.  Arson;
531	2.  Sexual battery;
532	3.  Robbery;
533	4.  Kidnapping;
534	5.  Aggravated child abuse;
535	6.  Aggravated assault;
536	7.  Aggravated stalking;
537	8.  Murder;
538	9.  Manslaughter;
539	10.  Unlawful throwing, placing, or discharging of a
540	destructive device or bomb;
541	11.  Armed burglary in violation of s. 810.02(2)(b) or
542	specified burglary of a dwelling or structure in violation of s.
543	810.02(2)(c), or burglary with an assault or battery in
544	violation of s. 810.02(2)(a);
545	12.  Aggravated battery;
546	13.  Any lewd or lascivious offense committed upon or in
547	the presence of a person less than 16 years of age;
548	14.  Carrying, displaying, using, threatening, or
549	attempting to use a weapon or firearm during the commission of a
550	felony;
551	15.  Grand theft in violation of s. 812.014(2)(a);
552	16.  Possessing or discharging any weapon or firearm on
553	school property in violation of s. 790.115;
554	17.  Home invasion robbery;
555	18.  Carjacking; or
556	19.  Grand theft of a motor vehicle in violation of s.
557	812.014(2)(c)6. or grand theft of a motor vehicle valued at
558	$20,000 or more in violation of s. 812.014(2)(b) if the child
559	has a previous adjudication for grand theft of a motor vehicle
560	in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
561	Section 8.  This act shall take effect July 1, 2004, except
562	that this section and section 1 of this act shall take effect
563	upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.