SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
CHAMBER ACTION
Senate House
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04/27/2004 05:01 PM .
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11 Senator Lynn moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 11, lines 13-15, delete those lines
15
16 and insert:
17 Section 11. Section 316.1975, Florida Statutes, is
18 amended to read:
19 316.1975 Unattended motor vehicle.--
20 (1) A person driving or in charge of any motor vehicle
21 may not permit it to stand unattended without first stopping
22 the engine, locking the ignition, and removing the key. A
23 vehicle may not be permitted to stand unattended upon any
24 perceptible grade without stopping the engine and effectively
25 setting the brake thereon and turning the front wheels to the
26 curb or side of the street. A violation of this subsection
27 section is a noncriminal traffic infraction, punishable as a
28 nonmoving violation as provided in chapter 318.
29 (2) A person driving or in charge of a semitrailer may
30 not permit it to stand unattended without complying with
31 subsection (1). If the semitrailer is disconnected and left
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9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 unattended and free of a truck tractor, a kingpin locking
2 device must be attached to the semitrailer's kingpin. As used
3 in this section, the term "kingpin locking device" means a
4 device designed to slide over and lock the semitrailer's
5 kingpin to prevent the semitrailer from being connected to the
6 fifth wheel of a truck tractor.
7 (3) Any semitrailer, as defined in s. 320.01(5), which
8 is not attached to a truck tractor and which is left
9 unattended on public or private property where the public is
10 an invitee must have a kingpin locking device attached. A
11 violation of this subsection is a noncriminal traffic
12 infraction, punishable as a moving violation as provided in
13 chapter 318.
14 (4)(2) This section does not apply to the operator of:
15 (a) An authorized emergency vehicle while in the
16 performance of official duties and the vehicle is equipped
17 with an activated antitheft device that prohibits the vehicle
18 from being driven;
19 (b) A licensed delivery truck or other delivery
20 vehicle while making deliveries; or
21 (c) A solid waste or recovered materials collection
22 vehicle while collecting such items.
23 Section 12. Section 316.526, Florida Statutes, is
24 created to read:
25 316.526 Security devices required.--
26 (1) A driver or other person responsible for a
27 semitrailer, as defined in s. 320.01(5), which is used in
28 commerce, who allows the semitrailer to be parked unattended
29 without being attached to a motor vehicle, must ensure that
30 the semitrailer is secured by a locking device that prohibits
31 the unauthorized movement of the semitrailer.
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SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 (2) Any unattended semitrailer found without the
2 required locking device may be towed to a secure facility by a
3 commercial towing service acting at the direction of a law
4 enforcement officer. The owner or carrier operating the
5 semitrailer shall be responsible for reasonable towing fees,
6 not to exceed $300, which are incurred to tow and secure the
7 semitrailer for a period not exceeding 24 hours.
8 (3) Subsections (1) and (2) do not apply when a
9 semitrailer is:
10 (a) Used to transport agricultural or forestry
11 products when parked at a harvest site.
12 (b) Parked at a terminal as defined in s. 316.003.
13 (c) Displayed for sale, lease, or rent by a licensed
14 dealer.
15 (d) An empty trailer.
16 Section 13. Subsections (1) and (2) of section
17 812.014, Florida Statutes, are reenacted to read:
18 812.014 Theft.--
19 (1) A person commits theft if he or she knowingly
20 obtains or uses, or endeavors to obtain or to use, the
21 property of another with intent to, either temporarily or
22 permanently:
23 (a) Deprive the other person of a right to the
24 property or a benefit from the property.
25 (b) Appropriate the property to his or her own use or
26 to the use of any person not entitled to the use of the
27 property.
28 (2)(a)1. If the property stolen is valued at $100,000
29 or more; or
30 2. If the property stolen is cargo valued at $50,000
31 or more that has entered the stream of interstate or
3
9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 intrastate commerce from the shipper's loading platform to the
2 consignee's receiving dock; or
3 3. If the offender commits any grand theft and:
4 a. In the course of committing the offense the
5 offender uses a motor vehicle as an instrumentality, other
6 than merely as a getaway vehicle, to assist in committing the
7 offense and thereby damages the real property of another; or
8 b. In the course of committing the offense the
9 offender causes damage to the real or personal property of
10 another in excess of $1,000,
11
12 the offender commits grand theft in the first degree,
13 punishable as a felony of the first degree, as provided in s.
14 775.082, s. 775.083, or s. 775.084.
15 (b)1. If the property stolen is valued at $20,000 or
16 more, but less than $100,000;
17 2. The property stolen is cargo valued at less than
18 $50,000 that has entered the stream of interstate or
19 intrastate commerce from the shipper's loading platform to the
20 consignee's receiving dock; or
21 3. The property stolen is emergency medical equipment,
22 valued at $300 or more, that is taken from a facility licensed
23 under chapter 395 or from an aircraft or vehicle permitted
24 under chapter 401,
25
26 the offender commits grand theft in the second degree,
27 punishable as a felony of the second degree, as provided in s.
28 775.082, s. 775.083, or s. 775.084. Emergency medical
29 equipment means mechanical or electronic apparatus used to
30 provide emergency services and care as defined in s.
31 395.002(10) or to treat medical emergencies.
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SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 (c) It is grand theft of the third degree and a felony
2 of the third degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084, if the property stolen is:
4 1. Valued at $300 or more, but less than $5,000.
5 2. Valued at $5,000 or more, but less than $10,000.
6 3. Valued at $10,000 or more, but less than $20,000.
7 4. A will, codicil, or other testamentary instrument.
8 5. A firearm.
9 6. A motor vehicle, except as provided in paragraph
10 (2)(a).
11 7. Any commercially farmed animal, including any
12 animal of the equine, bovine, or swine class, or other grazing
13 animal, and including aquaculture species raised at a
14 certified aquaculture facility. If the property stolen is
15 aquaculture species raised at a certified aquaculture
16 facility, then a $10,000 fine shall be imposed.
17 8. Any fire extinguisher.
18 9. Any amount of citrus fruit consisting of 2,000 or
19 more individual pieces of fruit.
20 10. Taken from a designated construction site
21 identified by the posting of a sign as provided for in s.
22 810.09(2)(d).
23 11. Any stop sign.
24 12. Anyhydrous ammonia.
25 (d) It is grand theft of the third degree and a felony
26 of the third degree, punishable as provided in s. 775.082, s.
27 775.083, or s. 775.084, if the property stolen is valued at
28 $100 or more, but less than $300, and is taken from a dwelling
29 as defined in s. 810.011(2) or from the unenclosed curtilage
30 of a dwelling pursuant to s. 810.09(1).
31 (e) Except as provided in paragraph (d), if the
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9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 property stolen is valued at $100 or more, but less than $300,
2 the offender commits petit theft of the first degree,
3 punishable as a misdemeanor of the first degree, as provided
4 in s. 775.082 or s. 775.083.
5 Section 14. Section 812.0147, Florida Statutes, is
6 created to read:
7 812.0147 Unlawful possession or use of a fifth
8 wheel.--
9 (1) It is unlawful for any person to modify, alter,
10 attempt to alter, and if altered, to sell, possess, offer for
11 sale, move, or caused to be moved onto the highways of this
12 state a device known as a fifth wheel with the intent to use
13 the fifth wheel to commit or attempt to commit theft. For the
14 purpose of this section, the term "fifth wheel" applies only
15 to a fifth wheel on a heavy commercial motor vehicle.
16 (2) Any person who violates subsection (1) commits a
17 felony of the second degree, punishable as provided in s.
18 775.082, s. 775.083, or s. 775.084.
19 Section 15. Paragraphs (f), (g), and (h) of subsection
20 (3) of section 921.0022, Florida Statutes, are amended to
21 read:
22 921.0022 Criminal Punishment Code; offense severity
23 ranking chart.--
24 (3) OFFENSE SEVERITY RANKING CHART
25
26 Florida Felony
27 Statute Degree Description
28
29
30 (f) LEVEL 6
31
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9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
2 conviction.
3 499.0051(3) 2nd Forgery of pedigree papers.
4 499.0051(4) 2nd Purchase or receipt of legend
5 drug from unauthorized person.
6 499.0051(5) 2nd Sale of legend drug to
7 unauthorized person.
8 775.0875(1) 3rd Taking firearm from law
9 enforcement officer.
10 775.21(10) 3rd Sexual predators; failure to
11 register; failure to renew
12 driver's license or
13 identification card.
14 784.021(1)(a) 3rd Aggravated assault; deadly weapon
15 without intent to kill.
16 784.021(1)(b) 3rd Aggravated assault; intent to
17 commit felony.
18 784.041 3rd Felony battery.
19 784.048(3) 3rd Aggravated stalking; credible
20 threat.
21 784.048(5) 3rd Aggravated stalking of person
22 under 16.
23 784.07(2)(c) 2nd Aggravated assault on law
24 enforcement officer.
25 784.074(1)(b) 2nd Aggravated assault on sexually
26 violent predators facility staff.
27 784.08(2)(b) 2nd Aggravated assault on a person 65
28 years of age or older.
29 784.081(2) 2nd Aggravated assault on specified
30 official or employee.
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9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 784.082(2) 2nd Aggravated assault by detained
2 person on visitor or other
3 detainee.
4 784.083(2) 2nd Aggravated assault on code
5 inspector.
6 787.02(2) 3rd False imprisonment; restraining
7 with purpose other than those in
8 s. 787.01.
9 790.115(2)(d) 2nd Discharging firearm or weapon on
10 school property.
11 790.161(2) 2nd Make, possess, or throw
12 destructive device with intent to
13 do bodily harm or damage
14 property.
15 790.164(1) 2nd False report of deadly explosive,
16 weapon of mass destruction, or
17 act of arson or violence to state
18 property.
19 790.19 2nd Shooting or throwing deadly
20 missiles into dwellings, vessels,
21 or vehicles.
22 794.011(8)(a) 3rd Solicitation of minor to
23 participate in sexual activity by
24 custodial adult.
25 794.05(1) 2nd Unlawful sexual activity with
26 specified minor.
27 800.04(5)(d) 3rd Lewd or lascivious molestation;
28 victim 12 years of age or older
29 but less than 16 years; offender
30 less than 18 years.
31
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SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 800.04(6)(b) 2nd Lewd or lascivious conduct;
2 offender 18 years of age or
3 older.
4 806.031(2) 2nd Arson resulting in great bodily
5 harm to firefighter or any other
6 person.
7 810.02(3)(c) 2nd Burglary of occupied structure;
8 unarmed; no assault or battery.
9 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
10 but less than $100,000, grand
11 theft in 2nd degree.
12 812.014(2)(b)2. 2nd Property stolen; cargo valued at
13 less than $50,000, grand theft in
14 2nd degree.
15 812.015(9) 2nd Retail theft; property stolen
16 $300 or more; second or
17 subsequent conviction.
18 812.13(2)(c) 2nd Robbery, no firearm or other
19 weapon (strong-arm robbery).
20 817.034(4)(a)1. 1st Communications fraud, value
21 greater than $50,000.
22 817.4821(5) 2nd Possess cloning paraphernalia
23 with intent to create cloned
24 cellular telephones.
25 825.102(1) 3rd Abuse of an elderly person or
26 disabled adult.
27 825.102(3)(c) 3rd Neglect of an elderly person or
28 disabled adult.
29 825.1025(3) 3rd Lewd or lascivious molestation of
30 an elderly person or disabled
31 adult.
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9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 825.103(2)(c) 3rd Exploiting an elderly person or
2 disabled adult and property is
3 valued at less than $20,000.
4 827.03(1) 3rd Abuse of a child.
5 827.03(3)(c) 3rd Neglect of a child.
6 827.071(2)&(3) 2nd Use or induce a child in a sexual
7 performance, or promote or direct
8 such performance.
9 836.05 2nd Threats; extortion.
10 836.10 2nd Written threats to kill or do
11 bodily injury.
12 843.12 3rd Aids or assists person to escape.
13 847.0135(3) 3rd Solicitation of a child, via a
14 computer service, to commit an
15 unlawful sex act.
16 914.23 2nd Retaliation against a witness,
17 victim, or informant, with bodily
18 injury.
19 943.0435(9) 3rd Sex offenders; failure to comply
20 with reporting requirements.
21 944.35(3)(a)2. 3rd Committing malicious battery upon
22 or inflicting cruel or inhuman
23 treatment on an inmate or
24 offender on community
25 supervision, resulting in great
26 bodily harm.
27 944.40 2nd Escapes.
28 944.46 3rd Harboring, concealing, aiding
29 escaped prisoners.
30 944.47(1)(a)5. 2nd Introduction of contraband
31 (firearm, weapon, or explosive)
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SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 into correctional facility.
2 951.22(1) 3rd Intoxicating drug, firearm, or
3 weapon introduced into county
4 facility.
5 (g) LEVEL 7
6 316.027(1)(b) 2nd Accident involving death, failure
7 to stop; leaving scene.
8 316.193(3)(c)2. 3rd DUI resulting in serious bodily
9 injury.
10 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
11 bodily injury.
12 402.319(2) 2nd Misrepresentation and negligence
13 or intentional act resulting in
14 great bodily harm, permanent
15 disfiguration, permanent
16 disability, or death.
17 409.920(2) 3rd Medicaid provider fraud.
18 456.065(2) 3rd Practicing a health care
19 profession without a license.
20 456.065(2) 2nd Practicing a health care
21 profession without a license
22 which results in serious bodily
23 injury.
24 458.327(1) 3rd Practicing medicine without a
25 license.
26 459.013(1) 3rd Practicing osteopathic medicine
27 without a license.
28 460.411(1) 3rd Practicing chiropractic medicine
29 without a license.
30 461.012(1) 3rd Practicing podiatric medicine
31 without a license.
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SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 462.17 3rd Practicing naturopathy without a
2 license.
3 463.015(1) 3rd Practicing optometry without a
4 license.
5 464.016(1) 3rd Practicing nursing without a
6 license.
7 465.015(2) 3rd Practicing pharmacy without a
8 license.
9 466.026(1) 3rd Practicing dentistry or dental
10 hygiene without a license.
11 467.201 3rd Practicing midwifery without a
12 license.
13 468.366 3rd Delivering respiratory care
14 services without a license.
15 483.828(1) 3rd Practicing as clinical laboratory
16 personnel without a license.
17 483.901(9) 3rd Practicing medical physics
18 without a license.
19 484.013(1)(c) 3rd Preparing or dispensing optical
20 devices without a prescription.
21 484.053 3rd Dispensing hearing aids without a
22 license.
23 494.0018(2) 1st Conviction of any violation of
24 ss. 494.001-494.0077 in which the
25 total money and property
26 unlawfully obtained exceeded
27 $50,000 and there were five or
28 more victims.
29 560.123(8)(b)1. 3rd Failure to report currency or
30 payment instruments exceeding
31 $300 but less than $20,000 by
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9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 money transmitter.
2 560.125(5)(a) 3rd Money transmitter business by
3 unauthorized person, currency or
4 payment instruments exceeding
5 $300 but less than $20,000.
6 655.50(10)(b)1. 3rd Failure to report financial
7 transactions exceeding $300 but
8 less than $20,000 by financial
9 institution.
10 782.051(3) 2nd Attempted felony murder of a
11 person by a person other than the
12 perpetrator or the perpetrator of
13 an attempted felony.
14 782.07(1) 2nd Killing of a human being by the
15 act, procurement, or culpable
16 negligence of another
17 (manslaughter).
18 782.071 2nd Killing of human being or viable
19 fetus by the operation of a motor
20 vehicle in a reckless manner
21 (vehicular homicide).
22 782.072 2nd Killing of a human being by the
23 operation of a vessel in a
24 reckless manner (vessel
25 homicide).
26 784.045(1)(a)1. 2nd Aggravated battery; intentionally
27 causing great bodily harm or
28 disfigurement.
29 784.045(1)(a)2. 2nd Aggravated battery; using deadly
30 weapon.
31
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SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 784.045(1)(b) 2nd Aggravated battery; perpetrator
2 aware victim pregnant.
3 784.048(4) 3rd Aggravated stalking; violation of
4 injunction or court order.
5 784.07(2)(d) 1st Aggravated battery on law
6 enforcement officer.
7 784.074(1)(a) 1st Aggravated battery on sexually
8 violent predators facility staff.
9 784.08(2)(a) 1st Aggravated battery on a person 65
10 years of age or older.
11 784.081(1) 1st Aggravated battery on specified
12 official or employee.
13 784.082(1) 1st Aggravated battery by detained
14 person on visitor or other
15 detainee.
16 784.083(1) 1st Aggravated battery on code
17 inspector.
18 790.07(4) 1st Specified weapons violation
19 subsequent to previous conviction
20 of s. 790.07(1) or (2).
21 790.16(1) 1st Discharge of a machine gun under
22 specified circumstances.
23 790.165(2) 2nd Manufacture, sell, possess, or
24 deliver hoax bomb.
25 790.165(3) 2nd Possessing, displaying, or
26 threatening to use any hoax bomb
27 while committing or attempting to
28 commit a felony.
29 790.166(3) 2nd Possessing, selling, using, or
30 attempting to use a hoax weapon
31 of mass destruction.
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SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 790.166(4) 2nd Possessing, displaying, or
2 threatening to use a hoax weapon
3 of mass destruction while
4 committing or attempting to
5 commit a felony.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a)1. 1st Property stolen, valued at
24 $100,000 or more; cargo stolen
25 valued at $50,000 or more;
26 property stolen while causing
27 other property damage; 1st degree
28 grand theft.
29 812.014(2)(b)2. 2nd Property stolen, cargo valued at
30 less than $50,000, grand theft in
31 2nd degree.
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SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 812.014(2)(b)3. 2nd Property stolen, emergency
2 medical equipment; 2nd degree
3 grand theft.
4 812.0145(2)(a) 1st Theft from person 65 years of age
5 or older; $50,000 or more.
6 812.019(2) 1st Stolen property; initiates,
7 organizes, plans, etc., the theft
8 of property and traffics in
9 stolen property.
10 812.131(2)(a) 2nd Robbery by sudden snatching.
11 812.133(2)(b) 1st Carjacking; no firearm, deadly
12 weapon, or other weapon.
13 817.234(8)(a) 2nd Solicitation of motor vehicle
14 accident victims with intent to
15 defraud.
16 817.234(9) 2nd Organizing, planning, or
17 participating in an intentional
18 motor vehicle collision.
19 817.234(11)(c) 1st Insurance fraud; property value
20 $100,000 or more.
21 817.2341(2)(b)&
22 (3)(b) 1st Making false entries of material
23 fact or false statements
24 regarding property values
25 relating to the solvency of an
26 insuring entity which are a
27 significant cause of the
28 insolvency of that entity.
29 825.102(3)(b) 2nd Neglecting an elderly person or
30 disabled adult causing great
31 bodily harm, disability, or
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Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 disfigurement.
2 825.103(2)(b) 2nd Exploiting an elderly person or
3 disabled adult and property is
4 valued at $20,000 or more, but
5 less than $100,000.
6 827.03(3)(b) 2nd Neglect of a child causing great
7 bodily harm, disability, or
8 disfigurement.
9 827.04(3) 3rd Impregnation of a child under 16
10 years of age by person 21 years
11 of age or older.
12 837.05(2) 3rd Giving false information about
13 alleged capital felony to a law
14 enforcement officer.
15 838.015 2nd Bribery.
16 838.016 2nd Unlawful compensation or reward
17 for official behavior.
18 838.021(3)(a) 2nd Unlawful harm to a public
19 servant.
20 838.22 2nd Bid tampering.
21 872.06 2nd Abuse of a dead human body.
22 893.13(1)(c)1. 1st Sell, manufacture, or deliver
23 cocaine (or other drug prohibited
24 under s. 893.03(1)(a), (1)(b),
25 (1)(d), (2)(a), (2)(b), or
26 (2)(c)4.) within 1,000 feet of a
27 child care facility, school, or
28 state, county, or municipal park
29 or publicly owned recreational
30 facility or community center.
31
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SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 893.13(1)(e)1. 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4., within 1,000 feet of
6 property used for religious
7 services or a specified business
8 site.
9 893.13(4)(a) 1st Deliver to minor cocaine (or
10 other s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4. drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 25 lbs., less than 2,000
15 lbs.
16 893.135
17 (1)(b)1.a. 1st Trafficking in cocaine, more than
18 28 grams, less than 200 grams.
19 893.135
20 (1)(c)1.a. 1st Trafficking in illegal drugs,
21 more than 4 grams, less than 14
22 grams.
23 893.135
24 (1)(d)1. 1st Trafficking in phencyclidine,
25 more than 28 grams, less than 200
26 grams.
27 893.135(1)(e)1. 1st Trafficking in methaqualone, more
28 than 200 grams, less than 5
29 kilograms.
30 893.135(1)(f)1. 1st Trafficking in amphetamine, more
31 than 14 grams, less than 28
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9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 grams.
2 893.135
3 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
4 grams or more, less than 14
5 grams.
6 893.135
7 (1)(h)1.a. 1st Trafficking in
8 gamma-hydroxybutyric acid (GHB),
9 1 kilogram or more, less than 5
10 kilograms.
11 893.135
12 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
13 kilogram or more, less than 5
14 kilograms.
15 893.135
16 (1)(k)2.a. 1st Trafficking in Phenethylamines,
17 10 grams or more, less than 200
18 grams.
19 896.101(5)(a) 3rd Money laundering, financial
20 transactions exceeding $300 but
21 less than $20,000.
22 896.104(4)(a)1. 3rd Structuring transactions to evade
23 reporting or registration
24 requirements, financial
25 transactions exceeding $300 but
26 less than $20,000.
27 (h) LEVEL 8
28 316.193
29 (3)(c)3.a. 2nd DUI manslaughter.
30 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
31
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9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 499.0051(7) 1st Forgery of prescription or legend
2 drug labels.
3 499.0052 1st Trafficking in contraband legend
4 drugs.
5 560.123(8)(b)2. 2nd Failure to report currency or
6 payment instruments totaling or
7 exceeding $20,000, but less than
8 $100,000 by money transmitter.
9 560.125(5)(b) 2nd Money transmitter business by
10 unauthorized person, currency or
11 payment instruments totaling or
12 exceeding $20,000, but less than
13 $100,000.
14 655.50(10)(b)2. 2nd Failure to report financial
15 transactions totaling or
16 exceeding $20,000, but less than
17 $100,000 by financial
18 institutions.
19 777.03(2)(a) 1st Accessory after the fact, capital
20 felony.
21 782.04(4) 2nd Killing of human without design
22 when engaged in act or attempt of
23 any felony other than arson,
24 sexual battery, robbery,
25 burglary, kidnapping, aircraft
26 piracy, or unlawfully discharging
27 bomb.
28 782.051(2) 1st Attempted felony murder while
29 perpetrating or attempting to
30 perpetrate a felony not
31 enumerated in s. 782.04(3).
20
9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 782.071(1)(b) 1st Committing vehicular homicide and
2 failing to render aid or give
3 information.
4 782.072(2) 1st Committing vessel homicide and
5 failing to render aid or give
6 information.
7 790.161(3) 1st Discharging a destructive device
8 which results in bodily harm or
9 property damage.
10 794.011(5) 2nd Sexual battery, victim 12 years
11 or over, offender does not use
12 physical force likely to cause
13 serious injury.
14 800.04(4) 2nd Lewd or lascivious battery.
15 806.01(1) 1st Maliciously damage dwelling or
16 structure by fire or explosive,
17 believing person in structure.
18 810.02(2)(a) 1st,PBL Burglary with assault or battery.
19 810.02(2)(b) 1st,PBL Burglary; armed with explosives
20 or dangerous weapon.
21 810.02(2)(c) 1st Burglary of a dwelling or
22 structure causing structural
23 damage or $1,000 or more property
24 damage.
25 812.014(2)(a)2. 1st Property stolen; cargo valued at
26 $50,000 or more, grand theft in
27 1st degree.
28 812.13(2)(b) 1st Robbery with a weapon.
29 812.135(2) 1st Home-invasion robbery.
30 817.568(6) 2nd Fraudulent use of personal
31 identification information of an
21
9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 individual under the age of 18.
2 825.102(2) 2nd Aggravated abuse of an elderly
3 person or disabled adult.
4 825.1025(2) 2nd Lewd or lascivious battery upon
5 an elderly person or disabled
6 adult.
7 825.103(2)(a) 1st Exploiting an elderly person or
8 disabled adult and property is
9 valued at $100,000 or more.
10 837.02(2) 2nd Perjury in official proceedings
11 relating to prosecution of a
12 capital felony.
13 837.021(2) 2nd Making contradictory statements
14 in official proceedings relating
15 to prosecution of a capital
16 felony.
17 860.121(2)(c) 1st Shooting at or throwing any
18 object in path of railroad
19 vehicle resulting in great bodily
20 harm.
21 860.16 1st Aircraft piracy.
22 893.13(1)(b) 1st Sell or deliver in excess of 10
23 grams of any substance specified
24 in s. 893.03(1)(a) or (b).
25 893.13(2)(b) 1st Purchase in excess of 10 grams of
26 any substance specified in s.
27 893.03(1)(a) or (b).
28 893.13(6)(c) 1st Possess in excess of 10 grams of
29 any substance specified in s.
30 893.03(1)(a) or (b).
31
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9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 893.135(1)(a)2. 1st Trafficking in cannabis, more
2 than 2,000 lbs., less than 10,000
3 lbs.
4 893.135
5 (1)(b)1.b. 1st Trafficking in cocaine, more than
6 200 grams, less than 400 grams.
7 893.135
8 (1)(c)1.b. 1st Trafficking in illegal drugs,
9 more than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(d)1.b. 1st Trafficking in phencyclidine,
13 more than 200 grams, less than
14 400 grams.
15 893.135
16 (1)(e)1.b. 1st Trafficking in methaqualone, more
17 than 5 kilograms, less than 25
18 kilograms.
19 893.135
20 (1)(f)1.b. 1st Trafficking in amphetamine, more
21 than 28 grams, less than 200
22 grams.
23 893.135
24 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
25 grams or more, less than 28
26 grams.
27 893.135
28 (1)(h)1.b. 1st Trafficking in
29 gamma-hydroxybutyric acid (GHB),
30 5 kilograms or more, less than 10
31 kilograms.
23
9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 893.135
2 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
3 kilograms or more, less than 10
4 kilograms.
5 893.135
6 (1)(k)2.b. 1st Trafficking in Phenethylamines,
7 200 grams or more, less than 400
8 grams.
9 895.03(1) 1st Use or invest proceeds derived
10 from pattern of racketeering
11 activity.
12 895.03(2) 1st Acquire or maintain through
13 racketeering activity any
14 interest in or control of any
15 enterprise or real property.
16 895.03(3) 1st Conduct or participate in any
17 enterprise through pattern of
18 racketeering activity.
19 896.101(5)(b) 2nd Money laundering, financial
20 transactions totaling or
21 exceeding $20,000, but less than
22 $100,000.
23 896.104(4)(a)2. 2nd Structuring transactions to evade
24 reporting or registration
25 requirements, financial
26 transactions totaling or
27 exceeding $20,000 but less than
28 $100,000.
29 Section 16. This act shall take effect July 1, 2004.
30
31
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9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause,
4
5 and insert:
6 A bill to be entitled
7 An act relating to criminal justice; creating
8 s. 787.05, F.S.; specifying elements of the
9 offense of unlawfully obtaining labor or
10 services; providing criminal penalties;
11 creating s. 787.06, F.S.; providing
12 definitions; specifying elements of the offense
13 of human trafficking; providing criminal
14 penalties; providing applicability; creating s.
15 796.035, F.S.; providing that it is a felony of
16 the first degree for a parent, legal guardian,
17 or other person having custody or control of a
18 minor to offer to, or to actually, sell or
19 otherwise transfer custody or control of such
20 minor, with knowledge that such sale or
21 transfer will result in force, fraud, or
22 coercion being used to cause the minor to
23 engage in prostitution or otherwise participate
24 in the trade of sex trafficking; providing
25 criminal penalties; creating s. 796.045, F.S.;
26 providing for the offense of sex trafficking;
27 providing that it is a felony of the second
28 degree to knowingly recruit, entice, harbor,
29 transport, provide, or obtain a person, knowing
30 that force, fraud, or coercion will be used to
31 cause that person to engage in prostitution;
25
9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 providing that it is a felony of the first
2 degree if sex trafficking involves a person
3 under the age of 14 or results in death;
4 providing criminal penalties; amending s.
5 895.02, F.S.; expanding the definition of
6 racketeering activity to include the offenses
7 created herein; reenacting ss. 16.56(1)(a),
8 27.34(1), 655.50(3)(g), 896.101(2)(g), and
9 905.34(3), F.S., which relate to the authority
10 of the Office of Statewide Prosecution to
11 investigate and prosecute certain offenses, the
12 contribution of funds by counties and
13 municipalities towards salaries of assistant
14 state attorneys, the Florida Control of Money
15 Laundering in Financial Institutions Act, the
16 Florida Money Laundering Act, and the subject
17 matter jurisdiction of the statewide grand
18 jury, respectively, to incorporate the
19 amendment to s. 895.02, F.S., in references
20 thereto; providing applicability; amending s.
21 316.1975, F.S.; requiring that an unattended
22 semitrailer have a kingpin locking device
23 attached to the semitrailer; providing that
24 failing to provide a locking device is a
25 noncriminal traffic infraction; creating s.
26 316.526, F.S.; requiring that an unattended
27 semitrailer have a locking device attached;
28 providing that an unattended semitrailer may be
29 towed under specified conditions; providing for
30 exceptions; reenacting s. 812.014(1) and (2),
31 F.S., relating to theft; creating s. 812.0147,
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9:48 AM 04/27/04 s1962.cj07.0b
SENATE AMENDMENT
Bill No. SB 1962, 1st Eng.
Amendment No. ___ Barcode 480252
1 F.S.; providing that it is unlawful to possess
2 or use a fifth wheel to commit or attempt to
3 commit theft; providing criminal penalties;
4 amending s. 921.0022, F.S.; reclassifying the
5 offenses of cargo theft of the first degree and
6 cargo theft of the second degree under the
7 offense severity ranking chart of the Criminal
8 Punishment Code to increase the penalties
9 imposed for any such offense; providing an
10 effective date.
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