Senate Bill sb0576c1
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Florida Senate - 2004 CS for SB 576
By the Committee on Judiciary; and Senators Fasano, Lynn and
Argenziano
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1 A bill to be entitled
2 An act relating to criminal offenses; providing
3 a short title; creating s. 775.0847, F.S.;
4 providing for the reclassification of felonies
5 committed against the elderly or disabled;
6 amending s. 784.08, F.S.; providing for the
7 reclassification of misdemeanors committed
8 against persons 65 years of age or older;
9 amending s. 812.0145, F.S.; providing for a
10 mandatory term of imprisonment for certain
11 thefts against persons 65 years of age or
12 older; amending s. 825.103, F.S.; providing for
13 a mandatory term of imprisonment for certain
14 acts of exploitation against an elderly person
15 or disabled adult; amending ss. 775.0877 and
16 921.0022, F.S., relating to orders for HIV
17 testing for certain offenses and the sentencing
18 guidelines; conforming cross-references;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. This act may be cited as "The Seniors'
24 Safety Act."
25 Section 2. Section 775.0847, Florida Statutes, is
26 created to read:
27 775.0847 Felonies committed against the elderly or
28 disabled; reclassification of offenses.--Whenever a person is
29 charged with committing a felony offense upon a person 65
30 years of age or older or an elderly person or disabled adult
31 as defined in chapter 825, regardless of whether he or she
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1 knows or has reason to know the age, infirmity, or disability
2 of the victim, the offense for which the person is charged
3 shall be reclassified as follows:
4 (1) In the case of a felony of the third degree, the
5 offense is reclassified to a felony of the second degree.
6 (2) In the case of a felony of the second degree, the
7 offense is reclassified to a felony of the first degree.
8 (3) In the case of a felony of the first degree, the
9 offense is reclassified to a felony of the first degree,
10 punishable by life imprisonment.
11 Section 3. Subsection (2) of section 784.08, Florida
12 Statutes, is amended to read:
13 784.08 Assault or battery on persons 65 years of age
14 or older; reclassification of offenses; minimum sentence.--
15 (2) Whenever a person is charged with committing an
16 assault or aggravated assault or a battery or aggravated
17 battery upon a person 65 years of age or older, regardless of
18 whether he or she knows or has reason to know the age of the
19 victim, the offense for which the person is charged shall be
20 reclassified as follows:
21 (a) In the case of aggravated battery, from a felony
22 of the second degree to a felony of the first degree.
23 (b) In the case of aggravated assault, from a felony
24 of the third degree to a felony of the second degree.
25 (a)(c) In the case of battery, from a misdemeanor of
26 the first degree to a felony of the third degree.
27 (b)(d) In the case of assault, from a misdemeanor of
28 the second degree to a misdemeanor of the first degree.
29 Section 4. Section 812.0145, Florida Statutes, is
30 amended to read:
31
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1 812.0145 Theft from persons 65 years of age or older;
2 penalties reclassification of offenses.--
3 (1) A person who is convicted of theft of more than
4 $1,000 from a person 65 years of age or older shall be ordered
5 by the sentencing judge to make restitution to the victim of
6 such offense and to perform up to 500 hours of community
7 service work. Restitution and community service work shall be
8 in addition to any fine or sentence which may be imposed and
9 shall not be in lieu thereof.
10 (2) Notwithstanding any other provision of law, if the
11 funds, assets, or property involved in a theft from a person
12 65 years of age or older is valued at $10,000 or more, the
13 court shall sentence the offender to a mandatory minimum
14 sentence of 3 years imprisonment. However, the mandatory term
15 of imprisonment does not apply to the theft of one or more
16 motor vehicles, regardless of associated value. Whenever a
17 person is charged with committing theft from a person 65 years
18 of age or older, when he or she knows or has reason to believe
19 that the victim was 65 years of age or older, the offense for
20 which the person is charged shall be reclassified as follows:
21 (a) This subsection does not prevent a court from
22 imposing a greater sentence of incarceration as authorized by
23 law. If the funds, assets, or property involved in the theft
24 from a person 65 years of age or older is valued at $50,000 or
25 more, the offender commits a felony of the first degree,
26 punishable as provided in s. 775.082, s. 775.083, or s.
27 775.084.
28 (b) If the minimum mandatory terms of imprisonment
29 imposed under this section exceed the maximum sentences
30 authorized by s. 775.082, s. 775.084, or the Criminal
31 Punishment Code under chapter 921, the mandatory minimum
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1 sentence must be imposed. If the mandatory minimum terms of
2 imprisonment under this section are less than the sentences
3 that could be imposed as authorized by s. 775.082, s. 775.084,
4 or the Criminal Punishment Code under chapter 921, the
5 sentence imposed by the court must include the mandatory
6 minimum term of imprisonment as required in this section. If
7 the funds, assets, or property involved in the theft from a
8 person 65 years of age or older is valued at $10,000 or more,
9 but less than $50,000, the offender commits a felony of the
10 second degree, punishable as provided in s. 775.082, s.
11 775.083, or s. 775.084.
12 (c) If the funds, assets, or property involved in the
13 theft from a person 65 years of age or older is valued at $300
14 or more, but less than $10,000, the offender commits a felony
15 of the third degree, punishable as provided in s. 775.082, s.
16 775.083, or s. 775.084.
17 Section 5. Subsections (3) and (4) are added to
18 section 825.103, Florida Statutes, to read:
19 825.103 Exploitation of an elderly person or disabled
20 adult; penalties.--
21 (3) Notwithstanding any other provision of law, if the
22 funds, assets, or property involved in the exploitation of an
23 elderly person or a disabled adult is valued at $10,000 or
24 more, the court shall sentence the offender to a mandatory
25 minimum sentence of 3 years imprisonment.
26 (4) This subsection does not prevent a court from
27 imposing a greater sentence of incarceration as authorized by
28 law. If the minimum mandatory terms of imprisonment imposed
29 pursuant to subsection (3) exceed the maximum sentences
30 authorized by s. 775.082, s. 775.084, or the Criminal
31 Punishment Code under chapter 921, the mandatory minimum
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1 sentence must be imposed. If the mandatory minimum terms of
2 imprisonment under this section are less than the sentences
3 that could be imposed as authorized by s. 775.082, s. 775.084,
4 or the Criminal Punishment Code under chapter 921, the
5 sentence imposed by the court must include the mandatory
6 minimum term of imprisonment as required in subsection (3).
7 Section 6. Subsection (1) of section 775.0877, Florida
8 Statutes, is amended to read:
9 775.0877 Criminal transmission of HIV; procedures;
10 penalties.--
11 (1) In any case in which a person has been convicted
12 of or has pled nolo contendere or guilty to, regardless of
13 whether adjudication is withheld, any of the following
14 offenses, or the attempt thereof, which offense or attempted
15 offense involves the transmission of body fluids from one
16 person to another:
17 (a) Section 794.011, relating to sexual battery,
18 (b) Section 826.04, relating to incest,
19 (c) Section 800.04(1), (2), and (3), relating to lewd,
20 lascivious, or indecent assault or act upon any person less
21 than 16 years of age,
22 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(b)
23 784.08(2)(d), relating to assault,
24 (e) Sections 784.021 and, 784.07(2)(c), and
25 784.08(2)(b), relating to aggravated assault,
26 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(a)
27 784.08(2)(c), relating to battery,
28 (g) Sections 784.045 and, 784.07(2)(d), and
29 784.08(2)(a), relating to aggravated battery,
30 (h) Section 827.03(1), relating to child abuse,
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1 (i) Section 827.03(2), relating to aggravated child
2 abuse,
3 (j) Section 825.102(1), relating to abuse of an
4 elderly person or disabled adult,
5 (k) Section 825.102(2), relating to aggravated abuse
6 of an elderly person or disabled adult,
7 (l) Section 827.071, relating to sexual performance by
8 person less than 18 years of age,
9 (m) Sections 796.03, 796.07, and 796.08, relating to
10 prostitution, or
11 (n) Section 381.0041(11)(b), relating to donation of
12 blood, plasma, organs, skin, or other human tissue,
13
14 the court shall order the offender to undergo HIV testing, to
15 be performed under the direction of the Department of Health
16 in accordance with s. 381.004, unless the offender has
17 undergone HIV testing voluntarily or pursuant to procedures
18 established in s. 381.004(3)(h)6. or s. 951.27, or any other
19 applicable law or rule providing for HIV testing of criminal
20 offenders or inmates, subsequent to her or his arrest for an
21 offense enumerated in paragraphs (a)-(n) for which she or he
22 was convicted or to which she or he pled nolo contendere or
23 guilty. The results of an HIV test performed on an offender
24 pursuant to this subsection are not admissible in any criminal
25 proceeding arising out of the alleged offense.
26 Section 7. Paragraphs (b), (c), (d), (e), (f), and (g)
27 of subsection (3) of section 921.0022, Florida Statutes, are
28 amended to read:
29 921.0022 Criminal Punishment Code; offense severity
30 ranking chart.--
31 (3) OFFENSE SEVERITY RANKING CHART
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1
2 Florida Felony
3 Statute Degree Description
4
5
6 (b) LEVEL 2
7 370.12(1)(e)3. 3rd Possession of 11 or fewer marine
8 turtle eggs in violation of the
9 Marine Turtle Protection Act.
10 370.12(1)(e)4. 3rd Possession of more than 11 marine
11 turtle eggs in violation of the
12 Marine Turtle Protection Act.
13 403.413(5)(c) 3rd Dumps waste litter exceeding 500
14 lbs. in weight or 100 cubic feet
15 in volume or any quantity for
16 commercial purposes, or hazardous
17 waste.
18 517.07 3rd Registration of securities and
19 furnishing of prospectus
20 required.
21 590.28(1) 3rd Intentional or reckless burning
22 of lands Willful, malicious, or
23 intentional burning.
24 784.05(3) 3rd Storing or leaving a loaded
25 firearm within reach of minor who
26 uses it to inflict injury or
27 death.
28 787.04(1) 3rd In violation of court order,
29 take, entice, etc., minor beyond
30 state limits.
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1 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
2 or more to public communication
3 or any other public service.
4 810.061(2) 3rd Impairing or impeding telephone
5 or power to a dwelling;
6 facilitating or furthering
7 burglary.
8 810.09(2)(e) 3rd Trespassing on posted commercial
9 horticulture property.
10 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
11 more but less than $5,000.
12 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
13 more but less than $300, taken
14 from unenclosed curtilage of
15 dwelling.
16 812.015(7) 3rd Possession, use, or attempted use
17 of an antishoplifting or
18 inventory control device
19 countermeasure.
20 817.234(1)(a)2. 3rd False statement in support of
21 insurance claim.
22 817.481(3)(a) 3rd Obtain credit or purchase with
23 false, expired, counterfeit,
24 etc., credit card, value over
25 $300.
26 817.52(3) 3rd Failure to redeliver hired
27 vehicle.
28 817.54 3rd With intent to defraud, obtain
29 mortgage note, etc., by false
30 representation.
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1 817.60(5) 3rd Dealing in credit cards of
2 another.
3 817.60(6)(a) 3rd Forgery; purchase goods, services
4 with false card.
5 817.61 3rd Fraudulent use of credit cards
6 over $100 or more within 6
7 months.
8 826.04 3rd Knowingly marries or has sexual
9 intercourse with person to whom
10 related.
11 831.01 3rd Forgery.
12 831.02 3rd Uttering forged instrument;
13 utters or publishes alteration
14 with intent to defraud.
15 831.07 3rd Forging bank bills, checks,
16 drafts, or promissory notes.
17 831.08 3rd Possessing 10 or more forged
18 notes, bills, checks, or drafts.
19 831.09 3rd Uttering forged notes, bills,
20 checks, drafts, or promissory
21 notes.
22 831.11 3rd Bringing into the state forged
23 bank bills, checks, drafts, or
24 notes.
25 832.05(3)(a) 3rd Cashing or depositing item with
26 intent to defraud.
27 843.08 3rd Falsely impersonating an officer.
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1 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
2 (2)(c)1., (2)(c)2., (2)(c)3.,
3 (2)(c)5., (2)(c)6., (2)(c)7.,
4 (2)(c)8., (2)(c)9., (3), or (4)
5 drugs other than cannabis.
6 893.147(2) 3rd Manufacture or delivery of drug
7 paraphernalia.
8 (c) LEVEL 3
9 119.10(3) 3rd Unlawful use of confidential
10 information from police reports.
11 316.066(3)
12 (d)-(f) 3rd Unlawfully obtaining or using
13 confidential crash reports.
14 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
15 316.1935(2) 3rd Fleeing or attempting to elude
16 law enforcement officer in marked
17 patrol vehicle with siren and
18 lights activated.
19 319.30(4) 3rd Possession by junkyard of motor
20 vehicle with identification
21 number plate removed.
22 319.33(1)(a) 3rd Alter or forge any certificate of
23 title to a motor vehicle or
24 mobile home.
25 319.33(1)(c) 3rd Procure or pass title on stolen
26 vehicle.
27 319.33(4) 3rd With intent to defraud, possess,
28 sell, etc., a blank, forged, or
29 unlawfully obtained title or
30 registration.
31 327.35(2)(b) 3rd Felony BUI.
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1 328.05(2) 3rd Possess, sell, or counterfeit
2 fictitious, stolen, or fraudulent
3 titles or bills of sale of
4 vessels.
5 328.07(4) 3rd Manufacture, exchange, or possess
6 vessel with counterfeit or wrong
7 ID number.
8 370.12(1)(e)5. 3rd Taking, disturbing, mutilating,
9 destroying, causing to be
10 destroyed, transferring, selling,
11 offering to sell, molesting, or
12 harassing marine turtles, marine
13 turtle eggs, or marine turtle
14 nests in violation of the Marine
15 Turtle Protection Act.
16 370.12(1)(e)6. 3rd Soliciting to commit or
17 conspiring to commit a violation
18 of the Marine Turtle Protection
19 Act.
20 376.302(5) 3rd Fraud related to reimbursement
21 for cleanup expenses under the
22 Inland Protection Trust Fund.
23 400.903(3) 3rd Operating a clinic without a
24 license or filing false license
25 application or other required
26 information.
27 440.105(3)(b) 3rd Receipt of fee or consideration
28 without approval by judge of
29 compensation claims.
30
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1 440.1051(3) 3rd False report of workers'
2 compensation fraud or retaliation
3 for making such a report.
4 501.001(2)(b) 2nd Tampers with a consumer product
5 or the container using materially
6 false/misleading information.
7 624.401(4)(a) 3rd Transacting insurance without a
8 certificate of authority.
9 624.401(4)(b)1. 3rd Transacting insurance without a
10 certificate of authority; premium
11 collected less than $20,000.
12 626.902(1)
13 (a) & (b) 3rd Representing an unauthorized
14 insurer.
15 697.08 3rd Equity skimming.
16 790.15(3) 3rd Person directs another to
17 discharge firearm from a vehicle.
18 796.05(1) 3rd Live on earnings of a prostitute.
19 806.10(1) 3rd Maliciously injure, destroy, or
20 interfere with vehicles or
21 equipment used in firefighting.
22 806.10(2) 3rd Interferes with or assaults
23 firefighter in performance of
24 duty.
25 810.09(2)(c) 3rd Trespass on property other than
26 structure or conveyance armed
27 with firearm or dangerous weapon.
28 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
29 less than $10,000.
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1 812.0145(2)(c) 3rd Theft from person 65 years of age
2 or older; $300 or more but less
3 than $10,000.
4 815.04(4)(b) 2nd Computer offense devised to
5 defraud or obtain property.
6 817.034(4)(a)3. 3rd Engages in scheme to defraud
7 (Florida Communications Fraud
8 Act), property valued at less
9 than $20,000.
10 817.233 3rd Burning to defraud insurer.
11 817.234(8)
12 (b)-(c) 3rd Unlawful solicitation of persons
13 involved in motor vehicle
14 accidents.
15 817.234(11)(a) 3rd Insurance fraud; property value
16 less than $20,000.
17 817.236 3rd Filing a false motor vehicle
18 insurance application.
19 817.2361 3rd Creating, marketing, or
20 presenting a false or fraudulent
21 motor vehicle insurance card.
22 817.413(2) 3rd Sale of used goods as new.
23 817.505(4) 3rd Patient brokering.
24 828.12(2) 3rd Tortures any animal with intent
25 to inflict intense pain, serious
26 physical injury, or death.
27 831.28(2)(a) 3rd Counterfeiting a payment
28 instrument with intent to defraud
29 or possessing a counterfeit
30 payment instrument.
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1 831.29 2nd Possession of instruments for
2 counterfeiting drivers' licenses
3 or identification cards.
4 838.021(3)(b) 3rd Threatens unlawful harm to public
5 servant.
6 843.19 3rd Injure, disable, or kill police
7 dog or horse.
8 860.15(3) 3rd Overcharging for repairs and
9 parts.
10 870.01(2) 3rd Riot; inciting or encouraging.
11 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
12 cannabis (or other s.
13 893.03(1)(c), (2)(c)1., (2)(c)2.,
14 (2)(c)3., (2)(c)5., (2)(c)6.,
15 (2)(c)7., (2)(c)8., (2)(c)9.,
16 (3), or (4) drugs).
17 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
18 893.03(1)(c), (2)(c)1., (2)(c)2.,
19 (2)(c)3., (2)(c)5., (2)(c)6.,
20 (2)(c)7., (2)(c)8., (2)(c)9.,
21 (3), or (4) drugs within 1,000
22 feet of university.
23 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
24 893.03(1)(c), (2)(c)1., (2)(c)2.,
25 (2)(c)3., (2)(c)5., (2)(c)6.,
26 (2)(c)7., (2)(c)8., (2)(c)9.,
27 (3), or (4) drugs within 1,000
28 feet of public housing facility.
29 893.13(6)(a) 3rd Possession of any controlled
30 substance other than felony
31 possession of cannabis.
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1 893.13(7)(a)8. 3rd Withhold information from
2 practitioner regarding previous
3 receipt of or prescription for a
4 controlled substance.
5 893.13(7)(a)9. 3rd Obtain or attempt to obtain
6 controlled substance by fraud,
7 forgery, misrepresentation, etc.
8 893.13(7)(a)10. 3rd Affix false or forged label to
9 package of controlled substance.
10 893.13(7)(a)11. 3rd Furnish false or fraudulent
11 material information on any
12 document or record required by
13 chapter 893.
14 893.13(8)(a)1. 3rd Knowingly assist a patient, other
15 person, or owner of an animal in
16 obtaining a controlled substance
17 through deceptive, untrue, or
18 fraudulent representations in or
19 related to the practitioner's
20 practice.
21 893.13(8)(a)2. 3rd Employ a trick or scheme in the
22 practitioner's practice to assist
23 a patient, other person, or owner
24 of an animal in obtaining a
25 controlled substance.
26 893.13(8)(a)3. 3rd Knowingly write a prescription
27 for a controlled substance for a
28 fictitious person.
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1 893.13(8)(a)4. 3rd Write a prescription for a
2 controlled substance for a
3 patient, other person, or an
4 animal if the sole purpose of
5 writing the prescription is a
6 monetary benefit for the
7 practitioner.
8 918.13(1)(a) 3rd Alter, destroy, or conceal
9 investigation evidence.
10 944.47
11 (1)(a)1.-2. 3rd Introduce contraband to
12 correctional facility.
13 944.47(1)(c) 2nd Possess contraband while upon the
14 grounds of a correctional
15 institution.
16 985.3141 3rd Escapes from a juvenile facility
17 (secure detention or residential
18 commitment facility).
19 (d) LEVEL 4
20 316.1935(3) 2nd Driving at high speed or with
21 wanton disregard for safety while
22 fleeing or attempting to elude
23 law enforcement officer who is in
24 a marked patrol vehicle with
25 siren and lights activated.
26 499.0051(1) 3rd Failure to maintain or deliver
27 pedigree papers.
28 499.0051(2) 3rd Failure to authenticate pedigree
29 papers.
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1 499.0051(6) 2nd Sale or delivery, or possession
2 with intent to sell, contraband
3 legend drugs.
4 784.07(2)(b) 3rd Battery of law enforcement
5 officer, firefighter, intake
6 officer, etc.
7 784.074(1)(c) 3rd Battery of sexually violent
8 predators facility staff.
9 784.075 3rd Battery on detention or
10 commitment facility staff.
11 784.078 3rd Battery of facility employee by
12 throwing, tossing, or expelling
13 certain fluids or materials.
14 784.08(2)(a)(c) 3rd Battery on a person 65 years of
15 age or older.
16 784.081(3) 3rd Battery on specified official or
17 employee.
18 784.082(3) 3rd Battery by detained person on
19 visitor or other detainee.
20 784.083(3) 3rd Battery on code inspector.
21 784.085 3rd Battery of child by throwing,
22 tossing, projecting, or expelling
23 certain fluids or materials.
24 787.03(1) 3rd Interference with custody;
25 wrongly takes child from
26 appointed guardian.
27 787.04(2) 3rd Take, entice, or remove child
28 beyond state limits with criminal
29 intent pending custody
30 proceedings.
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1 787.04(3) 3rd Carrying child beyond state lines
2 with criminal intent to avoid
3 producing child at custody
4 hearing or delivering to
5 designated person.
6 790.115(1) 3rd Exhibiting firearm or weapon
7 within 1,000 feet of a school.
8 790.115(2)(b) 3rd Possessing electric weapon or
9 device, destructive device, or
10 other weapon on school property.
11 790.115(2)(c) 3rd Possessing firearm on school
12 property.
13 800.04(7)(d) 3rd Lewd or lascivious exhibition;
14 offender less than 18 years.
15 810.02(4)(a) 3rd Burglary, or attempted burglary,
16 of an unoccupied structure;
17 unarmed; no assault or battery.
18 810.02(4)(b) 3rd Burglary, or attempted burglary,
19 of an unoccupied conveyance;
20 unarmed; no assault or battery.
21 810.06 3rd Burglary; possession of tools.
22 810.08(2)(c) 3rd Trespass on property, armed with
23 firearm or dangerous weapon.
24 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
25 or more but less than $20,000.
26 812.014
27 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
28 firearm, motor vehicle,
29 livestock, etc.
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1 812.0195(2) 3rd Dealing in stolen property by use
2 of the Internet; property stolen
3 $300 or more.
4 817.563(1) 3rd Sell or deliver substance other
5 than controlled substance agreed
6 upon, excluding s. 893.03(5)
7 drugs.
8 817.568(2)(a) 3rd Fraudulent use of personal
9 identification information.
10 817.625(2)(a) 3rd Fraudulent use of scanning device
11 or reencoder.
12 828.125(1) 2nd Kill, maim, or cause great bodily
13 harm or permanent breeding
14 disability to any registered
15 horse or cattle.
16 837.02(1) 3rd Perjury in official proceedings.
17 837.021(1) 3rd Make contradictory statements in
18 official proceedings.
19 838.022 3rd Official misconduct.
20 839.13(2)(a) 3rd Falsifying records of an
21 individual in the care and
22 custody of a state agency.
23 839.13(2)(c) 3rd Falsifying records of the
24 Department of Children and Family
25 Services.
26 843.021 3rd Possession of a concealed
27 handcuff key by a person in
28 custody.
29
30
31
19
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1 843.025 3rd Deprive law enforcement,
2 correctional, or correctional
3 probation officer of means of
4 protection or communication.
5 843.15(1)(a) 3rd Failure to appear while on bail
6 for felony (bond estreature or
7 bond jumping).
8 874.05(1) 3rd Encouraging or recruiting another
9 to join a criminal street gang.
10 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
11 893.03(1)(a), (b), or (d),
12 (2)(a), (2)(b), or (2)(c)4.
13 drugs).
14 914.14(2) 3rd Witnesses accepting bribes.
15 914.22(1) 3rd Force, threaten, etc., witness,
16 victim, or informant.
17 914.23(2) 3rd Retaliation against a witness,
18 victim, or informant, no bodily
19 injury.
20 918.12 3rd Tampering with jurors.
21 934.215 3rd Use of two-way communications
22 device to facilitate commission
23 of a crime.
24 (e) LEVEL 5
25 316.027(1)(a) 3rd Accidents involving personal
26 injuries, failure to stop;
27 leaving scene.
28 316.1935(4) 2nd Aggravated fleeing or eluding.
29
30
31
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1 322.34(6) 3rd Careless operation of motor
2 vehicle with suspended license,
3 resulting in death or serious
4 bodily injury.
5 327.30(5) 3rd Vessel accidents involving
6 personal injury; leaving scene.
7 381.0041
8 (11)(b) 3rd Donate blood, plasma, or organs
9 knowing HIV positive.
10 440.10(1)(g) 2nd Failure to obtain workers'
11 compensation coverage.
12 440.105(5) 2nd Unlawful solicitation for the
13 purpose of making workers'
14 compensation claims.
15 440.381(2) 2nd Submission of false, misleading,
16 or incomplete information with
17 the purpose of avoiding or
18 reducing workers' compensation
19 premiums.
20 624.401(4)(b)2. 2nd Transacting insurance without a
21 certificate or authority; premium
22 collected $20,000 or more but
23 less than $100,000.
24 626.902(1)(c) 2nd Representing an unauthorized
25 insurer; repeat offender.
26 790.01(2) 3rd Carrying a concealed firearm.
27 790.162 2nd Threat to throw or discharge
28 destructive device.
29 790.163(1) 2nd False report of deadly explosive
30 or weapon of mass destruction.
31
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1 790.221(1) 2nd Possession of short-barreled
2 shotgun or machine gun.
3 790.23 2nd Felons in possession of firearms
4 or electronic weapons or devices.
5 800.04(6)(c) 3rd Lewd or lascivious conduct;
6 offender less than 18 years.
7 800.04(7)(c) 2nd Lewd or lascivious exhibition;
8 offender 18 years or older.
9 806.111(1) 3rd Possess, manufacture, or dispense
10 fire bomb with intent to damage
11 any structure or property.
12 812.0145(2)(b) 2nd Theft from person 65 years of age
13 or older; $10,000 or more but
14 less than $50,000.
15 812.015(8) 3rd Retail theft; property stolen is
16 valued at $300 or more and one or
17 more specified acts.
18 812.019(1) 2nd Stolen property; dealing in or
19 trafficking in.
20 812.131(2)(b) 3rd Robbery by sudden snatching.
21 812.16(2) 3rd Owning, operating, or conducting
22 a chop shop.
23 817.034(4)(a)2. 2nd Communications fraud, value
24 $20,000 to $50,000.
25 817.234(11)(b) 2nd Insurance fraud; property value
26 $20,000 or more but less than
27 $100,000.
28
29
30
31
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1 817.2341(1),
2 (2)(a)&(3)(a) 3rd Filing false financial
3 statements, making false entries
4 of material fact or false
5 statements regarding property
6 values relating to the solvency
7 of an insuring entity.
8 817.568(2)(b) 2nd Fraudulent use of personal
9 identification information; value
10 of benefit, services received,
11 payment avoided, or amount of
12 injury or fraud, $5,000 or more
13 or use of personal identification
14 information of 10 or more
15 individuals.
16 817.625(2)(b) 2nd Second or subsequent fraudulent
17 use of scanning device or
18 reencoder.
19 825.1025(4) 3rd Lewd or lascivious exhibition in
20 the presence of an elderly person
21 or disabled adult.
22 827.071(4) 2nd Possess with intent to promote
23 any photographic material, motion
24 picture, etc., which includes
25 sexual conduct by a child.
26 839.13(2)(b) 2nd Falsifying records of an
27 individual in the care and
28 custody of a state agency
29 involving great bodily harm or
30 death.
31
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1 843.01 3rd Resist officer with violence to
2 person; resist arrest with
3 violence.
4 874.05(2) 2nd Encouraging or recruiting another
5 to join a criminal street gang;
6 second or subsequent offense.
7 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
8 cocaine (or other s.
9 893.03(1)(a), (1)(b), (1)(d),
10 (2)(a), (2)(b), or (2)(c)4.
11 drugs).
12 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
13 cannabis (or other s.
14 893.03(1)(c), (2)(c)1., (2)(c)2.,
15 (2)(c)3., (2)(c)5., (2)(c)6.,
16 (2)(c)7., (2)(c)8., (2)(c)9.,
17 (3), or (4) drugs) within 1,000
18 feet of a child care facility,
19 school, or state, county, or
20 municipal park or publicly owned
21 recreational facility or
22 community center.
23 893.13(1)(d)1. 1st Sell, manufacture, or deliver
24 cocaine (or other s.
25 893.03(1)(a), (1)(b), (1)(d),
26 (2)(a), (2)(b), or (2)(c)4.
27 drugs) within 1,000 feet of
28 university.
29
30
31
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1 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
2 cannabis or other drug prohibited
3 under s. 893.03(1)(c), (2)(c)1.,
4 (2)(c)2., (2)(c)3., (2)(c)5.,
5 (2)(c)6., (2)(c)7., (2)(c)8.,
6 (2)(c)9., (3), or (4) within
7 1,000 feet of property used for
8 religious services or a specified
9 business site.
10 893.13(1)(f)1. 1st Sell, manufacture, or deliver
11 cocaine (or other s.
12 893.03(1)(a), (1)(b), (1)(d), or
13 (2)(a), (2)(b), or (2)(c)4.
14 drugs) within 1,000 feet of
15 public housing facility.
16 893.13(4)(b) 2nd Deliver to minor cannabis (or
17 other s. 893.03(1)(c), (2)(c)1.,
18 (2)(c)2., (2)(c)3., (2)(c)5.,
19 (2)(c)6., (2)(c)7., (2)(c)8.,
20 (2)(c)9., (3), or (4) drugs).
21 (f) LEVEL 6
22 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
23 conviction.
24 499.0051(3) 2nd Forgery of pedigree papers.
25 499.0051(4) 2nd Purchase or receipt of legend
26 drug from unauthorized person.
27 499.0051(5) 2nd Sale of legend drug to
28 unauthorized person.
29 775.0875(1) 3rd Taking firearm from law
30 enforcement officer.
31
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1 775.21(10) 3rd Sexual predators; failure to
2 register; failure to renew
3 driver's license or
4 identification card.
5 784.021(1)(a) 3rd Aggravated assault; deadly weapon
6 without intent to kill.
7 784.021(1)(b) 3rd Aggravated assault; intent to
8 commit felony.
9 784.041 3rd Felony battery.
10 784.048(3) 3rd Aggravated stalking; credible
11 threat.
12 784.048(5) 3rd Aggravated stalking of person
13 under 16.
14 784.07(2)(c) 2nd Aggravated assault on law
15 enforcement officer.
16 784.074(1)(b) 2nd Aggravated assault on sexually
17 violent predators facility staff.
18 784.08(2)(b) 2nd Aggravated assault on a person 65
19 years of age or older.
20 784.081(2) 2nd Aggravated assault on specified
21 official or employee.
22 784.082(2) 2nd Aggravated assault by detained
23 person on visitor or other
24 detainee.
25 784.083(2) 2nd Aggravated assault on code
26 inspector.
27 787.02(2) 3rd False imprisonment; restraining
28 with purpose other than those in
29 s. 787.01.
30 790.115(2)(d) 2nd Discharging firearm or weapon on
31 school property.
26
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1 790.161(2) 2nd Make, possess, or throw
2 destructive device with intent to
3 do bodily harm or damage
4 property.
5 790.164(1) 2nd False report of deadly explosive,
6 weapon of mass destruction, or
7 act of arson or violence to state
8 property.
9 790.19 2nd Shooting or throwing deadly
10 missiles into dwellings, vessels,
11 or vehicles.
12 794.011(8)(a) 3rd Solicitation of minor to
13 participate in sexual activity by
14 custodial adult.
15 794.05(1) 2nd Unlawful sexual activity with
16 specified minor.
17 800.04(5)(d) 3rd Lewd or lascivious molestation;
18 victim 12 years of age or older
19 but less than 16 years; offender
20 less than 18 years.
21 800.04(6)(b) 2nd Lewd or lascivious conduct;
22 offender 18 years of age or
23 older.
24 806.031(2) 2nd Arson resulting in great bodily
25 harm to firefighter or any other
26 person.
27 810.02(3)(c) 2nd Burglary of occupied structure;
28 unarmed; no assault or battery.
29 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
30 but less than $100,000, grand
31 theft in 2nd degree.
27
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1 812.014(2)(b)2. 2nd Property stolen; cargo valued at
2 less than $50,000, grand theft in
3 2nd degree.
4 812.015(9) 2nd Retail theft; property stolen
5 $300 or more; second or
6 subsequent conviction.
7 812.13(2)(c) 2nd Robbery, no firearm or other
8 weapon (strong-arm robbery).
9 817.034(4)(a)1. 1st Communications fraud, value
10 greater than $50,000.
11 817.4821(5) 2nd Possess cloning paraphernalia
12 with intent to create cloned
13 cellular telephones.
14 825.102(1) 3rd Abuse of an elderly person or
15 disabled adult.
16 825.102(3)(c) 3rd Neglect of an elderly person or
17 disabled adult.
18 825.1025(3) 3rd Lewd or lascivious molestation of
19 an elderly person or disabled
20 adult.
21 825.103(2)(c) 3rd Exploiting an elderly person or
22 disabled adult and property is
23 valued at less than $20,000.
24 827.03(1) 3rd Abuse of a child.
25 827.03(3)(c) 3rd Neglect of a child.
26 827.071(2)&(3) 2nd Use or induce a child in a sexual
27 performance, or promote or direct
28 such performance.
29 836.05 2nd Threats; extortion.
30 836.10 2nd Written threats to kill or do
31 bodily injury.
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1 843.12 3rd Aids or assists person to escape.
2 847.0135(3) 3rd Solicitation of a child, via a
3 computer service, to commit an
4 unlawful sex act.
5 914.23 2nd Retaliation against a witness,
6 victim, or informant, with bodily
7 injury.
8 943.0435(9) 3rd Sex offenders; failure to comply
9 with reporting requirements.
10 944.35(3)(a)2. 3rd Committing malicious battery upon
11 or inflicting cruel or inhuman
12 treatment on an inmate or
13 offender on community
14 supervision, resulting in great
15 bodily harm.
16 944.40 2nd Escapes.
17 944.46 3rd Harboring, concealing, aiding
18 escaped prisoners.
19 944.47(1)(a)5. 2nd Introduction of contraband
20 (firearm, weapon, or explosive)
21 into correctional facility.
22 951.22(1) 3rd Intoxicating drug, firearm, or
23 weapon introduced into county
24 facility.
25 (g) LEVEL 7
26 316.027(1)(b) 2nd Accident involving death, failure
27 to stop; leaving scene.
28 316.193(3)(c)2. 3rd DUI resulting in serious bodily
29 injury.
30 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
31 bodily injury.
29
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1 402.319(2) 2nd Misrepresentation and negligence
2 or intentional act resulting in
3 great bodily harm, permanent
4 disfiguration, permanent
5 disability, or death.
6 409.920(2) 3rd Medicaid provider fraud.
7 456.065(2) 3rd Practicing a health care
8 profession without a license.
9 456.065(2) 2nd Practicing a health care
10 profession without a license
11 which results in serious bodily
12 injury.
13 458.327(1) 3rd Practicing medicine without a
14 license.
15 459.013(1) 3rd Practicing osteopathic medicine
16 without a license.
17 460.411(1) 3rd Practicing chiropractic medicine
18 without a license.
19 461.012(1) 3rd Practicing podiatric medicine
20 without a license.
21 462.17 3rd Practicing naturopathy without a
22 license.
23 463.015(1) 3rd Practicing optometry without a
24 license.
25 464.016(1) 3rd Practicing nursing without a
26 license.
27 465.015(2) 3rd Practicing pharmacy without a
28 license.
29 466.026(1) 3rd Practicing dentistry or dental
30 hygiene without a license.
31
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1 467.201 3rd Practicing midwifery without a
2 license.
3 468.366 3rd Delivering respiratory care
4 services without a license.
5 483.828(1) 3rd Practicing as clinical laboratory
6 personnel without a license.
7 483.901(9) 3rd Practicing medical physics
8 without a license.
9 484.013(1)(c) 3rd Preparing or dispensing optical
10 devices without a prescription.
11 484.053 3rd Dispensing hearing aids without a
12 license.
13 494.0018(2) 1st Conviction of any violation of
14 ss. 494.001-494.0077 in which the
15 total money and property
16 unlawfully obtained exceeded
17 $50,000 and there were five or
18 more victims.
19 560.123(8)(b)1. 3rd Failure to report currency or
20 payment instruments exceeding
21 $300 but less than $20,000 by
22 money transmitter.
23 560.125(5)(a) 3rd Money transmitter business by
24 unauthorized person, currency or
25 payment instruments exceeding
26 $300 but less than $20,000.
27 655.50(10)(b)1. 3rd Failure to report financial
28 transactions exceeding $300 but
29 less than $20,000 by financial
30 institution.
31
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Florida Senate - 2004 CS for SB 576
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1 782.051(3) 2nd Attempted felony murder of a
2 person by a person other than the
3 perpetrator or the perpetrator of
4 an attempted felony.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071 2nd Killing of human being or viable
10 fetus by the operation of a motor
11 vehicle in a reckless manner
12 (vehicular homicide).
13 782.072 2nd Killing of a human being by the
14 operation of a vessel in a
15 reckless manner (vessel
16 homicide).
17 784.045(1)(a)1. 2nd Aggravated battery; intentionally
18 causing great bodily harm or
19 disfigurement.
20 784.045(1)(a)2. 2nd Aggravated battery; using deadly
21 weapon.
22 784.045(1)(b) 2nd Aggravated battery; perpetrator
23 aware victim pregnant.
24 784.048(4) 3rd Aggravated stalking; violation of
25 injunction or court order.
26 784.07(2)(d) 1st Aggravated battery on law
27 enforcement officer.
28 784.074(1)(a) 1st Aggravated battery on sexually
29 violent predators facility staff.
30 784.08(2)(a) 1st Aggravated battery on a person 65
31 years of age or older.
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Florida Senate - 2004 CS for SB 576
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1 784.081(1) 1st Aggravated battery on specified
2 official or employee.
3 784.082(1) 1st Aggravated battery by detained
4 person on visitor or other
5 detainee.
6 784.083(1) 1st Aggravated battery on code
7 inspector.
8 790.07(4) 1st Specified weapons violation
9 subsequent to previous conviction
10 of s. 790.07(1) or (2).
11 790.16(1) 1st Discharge of a machine gun under
12 specified circumstances.
13 790.165(2) 2nd Manufacture, sell, possess, or
14 deliver hoax bomb.
15 790.165(3) 2nd Possessing, displaying, or
16 threatening to use any hoax bomb
17 while committing or attempting to
18 commit a felony.
19 790.166(3) 2nd Possessing, selling, using, or
20 attempting to use a hoax weapon
21 of mass destruction.
22 790.166(4) 2nd Possessing, displaying, or
23 threatening to use a hoax weapon
24 of mass destruction while
25 committing or attempting to
26 commit a felony.
27 796.03 2nd Procuring any person under 16
28 years for prostitution.
29 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
30 victim less than 12 years of age;
31 offender less than 18 years.
33
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1 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
2 victim 12 years of age or older
3 but less than 16 years; offender
4 18 years or older.
5 806.01(2) 2nd Maliciously damage structure by
6 fire or explosive.
7 810.02(3)(a) 2nd Burglary of occupied dwelling;
8 unarmed; no assault or battery.
9 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
10 unarmed; no assault or battery.
11 810.02(3)(d) 2nd Burglary of occupied conveyance;
12 unarmed; no assault or battery.
13 812.014(2)(a) 1st Property stolen, valued at
14 $100,000 or more; cargo stolen
15 valued at $50,000 or more;
16 property stolen while causing
17 other property damage; 1st degree
18 grand theft.
19 812.014(2)(b)3. 2nd Property stolen, emergency
20 medical equipment; 2nd degree
21 grand theft.
22 812.0145(2)(a) 1st Theft from person 65 years of age
23 or older; $50,000 or more.
24 812.019(2) 1st Stolen property; initiates,
25 organizes, plans, etc., the theft
26 of property and traffics in
27 stolen property.
28 812.131(2)(a) 2nd Robbery by sudden snatching.
29 812.133(2)(b) 1st Carjacking; no firearm, deadly
30 weapon, or other weapon.
31
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1 817.234(8)(a) 2nd Solicitation of motor vehicle
2 accident victims with intent to
3 defraud.
4 817.234(9) 2nd Organizing, planning, or
5 participating in an intentional
6 motor vehicle collision.
7 817.234(11)(c) 1st Insurance fraud; property value
8 $100,000 or more.
9 817.2341(2)(b)&
10 (3)(b) 1st Making false entries of material
11 fact or false statements
12 regarding property values
13 relating to the solvency of an
14 insuring entity which are a
15 significant cause of the
16 insolvency of that entity.
17 825.102(3)(b) 2nd Neglecting an elderly person or
18 disabled adult causing great
19 bodily harm, disability, or
20 disfigurement.
21 825.103(2)(b) 2nd Exploiting an elderly person or
22 disabled adult and property is
23 valued at $20,000 or more, but
24 less than $100,000.
25 827.03(3)(b) 2nd Neglect of a child causing great
26 bodily harm, disability, or
27 disfigurement.
28 827.04(3) 3rd Impregnation of a child under 16
29 years of age by person 21 years
30 of age or older.
31
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1 837.05(2) 3rd Giving false information about
2 alleged capital felony to a law
3 enforcement officer.
4 838.015 2nd Bribery.
5 838.016 2nd Unlawful compensation or reward
6 for official behavior.
7 838.021(3)(a) 2nd Unlawful harm to a public
8 servant.
9 838.22 2nd Bid tampering.
10 872.06 2nd Abuse of a dead human body.
11 893.13(1)(c)1. 1st Sell, manufacture, or deliver
12 cocaine (or other drug prohibited
13 under s. 893.03(1)(a), (1)(b),
14 (1)(d), (2)(a), (2)(b), or
15 (2)(c)4.) within 1,000 feet of a
16 child care facility, school, or
17 state, county, or municipal park
18 or publicly owned recreational
19 facility or community center.
20 893.13(1)(e)1. 1st Sell, manufacture, or deliver
21 cocaine or other drug prohibited
22 under s. 893.03(1)(a), (1)(b),
23 (1)(d), (2)(a), (2)(b), or
24 (2)(c)4., within 1,000 feet of
25 property used for religious
26 services or a specified business
27 site.
28 893.13(4)(a) 1st Deliver to minor cocaine (or
29 other s. 893.03(1)(a), (1)(b),
30 (1)(d), (2)(a), (2)(b), or
31 (2)(c)4. drugs).
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1 893.135(1)(a)1. 1st Trafficking in cannabis, more
2 than 25 lbs., less than 2,000
3 lbs.
4 893.135
5 (1)(b)1.a. 1st Trafficking in cocaine, more than
6 28 grams, less than 200 grams.
7 893.135
8 (1)(c)1.a. 1st Trafficking in illegal drugs,
9 more than 4 grams, less than 14
10 grams.
11 893.135
12 (1)(d)1. 1st Trafficking in phencyclidine,
13 more than 28 grams, less than 200
14 grams.
15 893.135(1)(e)1. 1st Trafficking in methaqualone, more
16 than 200 grams, less than 5
17 kilograms.
18 893.135(1)(f)1. 1st Trafficking in amphetamine, more
19 than 14 grams, less than 28
20 grams.
21 893.135
22 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
23 grams or more, less than 14
24 grams.
25 893.135
26 (1)(h)1.a. 1st Trafficking in
27 gamma-hydroxybutyric acid (GHB),
28 1 kilogram or more, less than 5
29 kilograms.
30
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1 893.135
2 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
3 kilogram or more, less than 5
4 kilograms.
5 893.135
6 (1)(k)2.a. 1st Trafficking in Phenethylamines,
7 10 grams or more, less than 200
8 grams.
9 896.101(5)(a) 3rd Money laundering, financial
10 transactions exceeding $300 but
11 less than $20,000.
12 896.104(4)(a)1. 3rd Structuring transactions to evade
13 reporting or registration
14 requirements, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 Section 8. This act shall take effect July 1, 2004.
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Florida Senate - 2004 CS for SB 576
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 576
3
4 - Changes the catch line to s. 812.0145, F.S., to reflect
that this section now deals with penalties for felony
5 theft offenses against the elderly in lieu of
reclassification of such offenses.
6
- Conforms s. 775.0877, F.S., relating to orders for HIV
7 testing in certain assault and battery cases, and s.
921.0022, F.S., relating to sentencing guidelines, to
8 correct cross-references to ss. 784.08, 812.0145, and
825.103, F.S., as amended by the bill which eliminated
9 some reclassified felony offenses now subsumed by the new
general felony reclassification statute, and resulted in
10 the renumbering of remaining paragraphs or subsections of
those three statutes.
11
- Makes a statutory cleanup to s. 921.0022, F.S., in which
12 the contents of history note 1 to cross-referenced s.
590.28(1), F.S., are incorporated into the text of the
13 statute to reflect a change in the catch line of an
offense. This change does not affect the offense severity
14 ranking level for this offense in any way.
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