Senate Bill sb0316c1

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    Florida Senate - 2005                            CS for SB 316

    By the Committee on Justice Appropriations; and Senators
    Fasano and Lynn




    604-2063-05

  1                      A bill to be entitled

  2         An act relating to the Criminal Punishment

  3         Code; amending s. 921.0022, F.S.; including

  4         offenses involving the possession of

  5         photographic material containing sexual conduct

  6         by a minor, the transmission of pornography by

  7         electronic device, and the transmission to a

  8         minor of material harmful to minors by

  9         electronic device within the offense severity

10         ranking chart of the Criminal Punishment Code;

11         reclassifying within the offense severity

12         ranking chart the offense of soliciting a child

13         by a computer service to commit an unlawful

14         sexual act, which is a felony of the third

15         degree, to increase the penalty imposed for

16         that offense; providing an effective date.

17  

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

19  

20         Section 1.  Paragraphs (e) and (g) of subsection (3) of

21  section 921.0022, Florida Statutes, are amended to 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                              (e)  LEVEL 5

31  

                                  1

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    Florida Senate - 2005                            CS for SB 316
    604-2063-05




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

 2                              injuries, failure to stop;

 3                              leaving scene.

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

 5  322.34(6)          3rd      Careless operation of motor

 6                              vehicle with suspended license,

 7                              resulting in death or serious

 8                              bodily injury.

 9  327.30(5)          3rd      Vessel accidents involving

10                              personal injury; leaving scene.

11  381.0041

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

13                              knowing HIV positive.

14  440.10(1)(g)       2nd      Failure to obtain workers'

15                              compensation coverage.

16  440.105(5)         2nd      Unlawful solicitation for the

17                              purpose of making workers'

18                              compensation claims.

19  440.381(2)         2nd      Submission of false, misleading,

20                              or incomplete information with

21                              the purpose of avoiding or

22                              reducing workers' compensation

23                              premiums.

24  624.401(4)(b)2.    2nd      Transacting insurance without a

25                              certificate or authority; premium

26                              collected $20,000 or more but

27                              less than $100,000.

28  626.902(1)(c)      2nd      Representing an unauthorized

29                              insurer; repeat offender.

30  790.01(2)          3rd      Carrying a concealed firearm.

31  

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    Florida Senate - 2005                            CS for SB 316
    604-2063-05




 1  790.162            2nd      Threat to throw or discharge

 2                              destructive device.

 3  790.163(1)         2nd      False report of deadly explosive

 4                              or weapon of mass destruction.

 5  790.221(1)         2nd      Possession of short-barreled

 6                              shotgun or machine gun.

 7  790.23             2nd      Felons in possession of firearms,

 8                              ammunition, or electronic weapons

 9                              or devices.

10  800.04(6)(c)       3rd      Lewd or lascivious conduct;

11                              offender less than 18 years.

12  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

13                              offender 18 years or older.

14  806.111(1)         3rd      Possess, manufacture, or dispense

15                              fire bomb with intent to damage

16                              any structure or property.

17  812.0145(2)(b)     2nd      Theft from person 65 years of age

18                              or older; $10,000 or more but

19                              less than $50,000.

20  812.015(8)         3rd      Retail theft; property stolen is

21                              valued at $300 or more and one or

22                              more specified acts.

23  812.019(1)         2nd      Stolen property; dealing in or

24                              trafficking in.

25  812.131(2)(b)      3rd      Robbery by sudden snatching.

26  812.16(2)          3rd      Owning, operating, or conducting

27                              a chop shop.

28  817.034(4)(a)2.    2nd      Communications fraud, value

29                              $20,000 to $50,000.

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    Florida Senate - 2005                            CS for SB 316
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 1  817.234(11)(b)     2nd      Insurance fraud; property value

 2                              $20,000 or more but less than

 3                              $100,000.

 4  817.2341(1),

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

 6                              statements, making false entries

 7                              of material fact or false

 8                              statements regarding property

 9                              values relating to the solvency

10                              of an insuring entity.

11  817.568(2)(b)      2nd      Fraudulent use of personal

12                              identification information; value

13                              of benefit, services received,

14                              payment avoided, or amount of

15                              injury or fraud, $5,000 or more

16                              or use of personal identification

17                              information of 10 or more

18                              individuals.

19  817.625(2)(b)      2nd      Second or subsequent fraudulent

20                              use of scanning device or

21                              reencoder.

22  825.1025(4)        3rd      Lewd or lascivious exhibition in

23                              the presence of an elderly person

24                              or disabled adult.

25  827.071(4)         2nd      Possess with intent to promote

26                              any photographic material, motion

27                              picture, etc., which includes

28                              sexual conduct by a child.

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    Florida Senate - 2005                            CS for SB 316
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 1  827.071(5)         3rd      Possess any photographic

 2                              material, motion picture, etc.,

 3                              which includes sexual conduct by

 4                              a child.

 5  839.13(2)(b)       2nd      Falsifying records of an

 6                              individual in the care and

 7                              custody of a state agency

 8                              involving great bodily harm or

 9                              death.

10  843.01             3rd      Resist officer with violence to

11                              person; resist arrest with

12                              violence.

13  847.0137(2) & (3)  3rd      Transmission of pornography by

14                              electronic device or equipment.

15  847.0138(2) & (3)  3rd      Transmission of material harmful

16                              to minors to a minor by

17                              electronic device or equipment.

18  874.05(2)          2nd      Encouraging or recruiting another

19                              to join a criminal street gang;

20                              second or subsequent offense.

21  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

22                              cocaine (or other s.

23                              893.03(1)(a), (1)(b), (1)(d),

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

25                              drugs).

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    Florida Senate - 2005                            CS for SB 316
    604-2063-05




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

 2                              cannabis (or other s.

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

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

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

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

 7                              feet of a child care facility,

 8                              school, or state, county, or

 9                              municipal park or publicly owned

10                              recreational facility or

11                              community center.

12  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

13                              cocaine (or other s.

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

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

16                              drugs) within 1,000 feet of

17                              university.

18  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

19                              cannabis or other drug prohibited

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

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

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

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

24                              1,000 feet of property used for

25                              religious services or a specified

26                              business site.

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    Florida Senate - 2005                            CS for SB 316
    604-2063-05




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

 2                              cocaine (or other s.

 3                              893.03(1)(a), (1)(b), (1)(d), or

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

 5                              drugs) within 1,000 feet of

 6                              public housing facility.

 7  893.13(4)(b)       2nd      Deliver to minor cannabis (or

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

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

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

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

12                              (g)  LEVEL 7

13  316.027(1)(b)      2nd      Accident involving death, failure

14                              to stop; leaving scene.

15  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

16                              injury.

17  316.1935(3)(b)     1st      Causing serious bodily injury or

18                              death to another person; driving

19                              at high speed or with wanton

20                              disregard for safety while

21                              fleeing or attempting to elude

22                              law enforcement officer who is in

23                              a patrol vehicle with siren and

24                              lights activated.

25  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

26                              bodily injury.

27  402.319(2)         2nd      Misrepresentation and negligence

28                              or intentional act resulting in

29                              great bodily harm, permanent

30                              disfiguration, permanent

31                              disability, or death.

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    Florida Senate - 2005                            CS for SB 316
    604-2063-05




 1  409.920(2)         3rd      Medicaid provider fraud.

 2  456.065(2)         3rd      Practicing a health care

 3                              profession without a license.

 4  456.065(2)         2nd      Practicing a health care

 5                              profession without a license

 6                              which results in serious bodily

 7                              injury.

 8  458.327(1)         3rd      Practicing medicine without a

 9                              license.

10  459.013(1)         3rd      Practicing osteopathic medicine

11                              without a license.

12  460.411(1)         3rd      Practicing chiropractic medicine

13                              without a license.

14  461.012(1)         3rd      Practicing podiatric medicine

15                              without a license.

16  462.17             3rd      Practicing naturopathy without a

17                              license.

18  463.015(1)         3rd      Practicing optometry without a

19                              license.

20  464.016(1)         3rd      Practicing nursing without a

21                              license.

22  465.015(2)         3rd      Practicing pharmacy without a

23                              license.

24  466.026(1)         3rd      Practicing dentistry or dental

25                              hygiene without a license.

26  467.201            3rd      Practicing midwifery without a

27                              license.

28  468.366            3rd      Delivering respiratory care

29                              services without a license.

30  483.828(1)         3rd      Practicing as clinical laboratory

31                              personnel without a license.

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    Florida Senate - 2005                            CS for SB 316
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 1  483.901(9)         3rd      Practicing medical physics

 2                              without a license.

 3  484.013(1)(c)      3rd      Preparing or dispensing optical

 4                              devices without a prescription.

 5  484.053            3rd      Dispensing hearing aids without a

 6                              license.

 7  494.0018(2)        1st      Conviction of any violation of

 8                              ss. 494.001-494.0077 in which the

 9                              total money and property

10                              unlawfully obtained exceeded

11                              $50,000 and there were five or

12                              more victims.

13  560.123(8)(b)1.    3rd      Failure to report currency or

14                              payment instruments exceeding

15                              $300 but less than $20,000 by

16                              money transmitter.

17  560.125(5)(a)      3rd      Money transmitter business by

18                              unauthorized person, currency or

19                              payment instruments exceeding

20                              $300 but less than $20,000.

21  655.50(10)(b)1.    3rd      Failure to report financial

22                              transactions exceeding $300 but

23                              less than $20,000 by financial

24                              institution.

25  782.051(3)         2nd      Attempted felony murder of a

26                              person by a person other than the

27                              perpetrator or the perpetrator of

28                              an attempted felony.

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    Florida Senate - 2005                            CS for SB 316
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 1  782.07(1)          2nd      Killing of a human being by the

 2                              act, procurement, or culpable

 3                              negligence of another

 4                              (manslaughter).

 5  782.071            2nd      Killing of human being or viable

 6                              fetus by the operation of a motor

 7                              vehicle in a reckless manner

 8                              (vehicular homicide).

 9  782.072            2nd      Killing of a human being by the

10                              operation of a vessel in a

11                              reckless manner (vessel

12                              homicide).

13  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

14                              causing great bodily harm or

15                              disfigurement.

16  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

17                              weapon.

18  784.045(1)(b)      2nd      Aggravated battery; perpetrator

19                              aware victim pregnant.

20  784.048(4)         3rd      Aggravated stalking; violation of

21                              injunction or court order.

22  784.048(7)         3rd      Aggravated stalking; violation of

23                              court order.

24  784.07(2)(d)       1st      Aggravated battery on law

25                              enforcement officer.

26  784.074(1)(a)      1st      Aggravated battery on sexually

27                              violent predators facility staff.

28  784.08(2)(a)       1st      Aggravated battery on a person 65

29                              years of age or older.

30  784.081(1)         1st      Aggravated battery on specified

31                              official or employee.

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    Florida Senate - 2005                            CS for SB 316
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 1  784.082(1)         1st      Aggravated battery by detained

 2                              person on visitor or other

 3                              detainee.

 4  784.083(1)         1st      Aggravated battery on code

 5                              inspector.

 6  790.07(4)          1st      Specified weapons violation

 7                              subsequent to previous conviction

 8                              of s. 790.07(1) or (2).

 9  790.16(1)          1st      Discharge of a machine gun under

10                              specified circumstances.

11  790.165(2)         2nd      Manufacture, sell, possess, or

12                              deliver hoax bomb.

13  790.165(3)         2nd      Possessing, displaying, or

14                              threatening to use any hoax bomb

15                              while committing or attempting to

16                              commit a felony.

17  790.166(3)         2nd      Possessing, selling, using, or

18                              attempting to use a hoax weapon

19                              of mass destruction.

20  790.166(4)         2nd      Possessing, displaying, or

21                              threatening to use a hoax weapon

22                              of mass destruction while

23                              committing or attempting to

24                              commit a felony.

25  796.03             2nd      Procuring any person under 16

26                              years for prostitution.

27  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

28                              victim less than 12 years of age;

29                              offender less than 18 years.

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    Florida Senate - 2005                            CS for SB 316
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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)1.    1st      Property stolen, valued at

14                              $100,000 or more; property stolen

15                              while causing other property

16                              damage; 1st degree grand theft.

17  812.014(2)(b)2.    2nd      Property stolen, cargo valued at

18                              less than $50,000, grand theft in

19                              2nd degree.

20  812.014(2)(b)3.    2nd      Property stolen, emergency

21                              medical equipment; 2nd degree

22                              grand theft.

23  812.0145(2)(a)     1st      Theft from person 65 years of age

24                              or older; $50,000 or more.

25  812.019(2)         1st      Stolen property; initiates,

26                              organizes, plans, etc., the theft

27                              of property and traffics in

28                              stolen property.

29  812.131(2)(a)      2nd      Robbery by sudden snatching.

30  812.133(2)(b)      1st      Carjacking; no firearm, deadly

31                              weapon, or other weapon.

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    Florida Senate - 2005                            CS for SB 316
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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.

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    Florida Senate - 2005                            CS for SB 316
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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  847.0135(3)        3rd      Solicitation of a child, via a

11                              computer service, to commit an

12                              unlawful sex act.

13  872.06             2nd      Abuse of a dead human body.

14  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

15                              cocaine (or other drug prohibited

16                              under s. 893.03(1)(a), (1)(b),

17                              (1)(d), (2)(a), (2)(b), or

18                              (2)(c)4.) within 1,000 feet of a

19                              child care facility, school, or

20                              state, county, or municipal park

21                              or publicly owned recreational

22                              facility or community center.

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

24                              cocaine or other drug prohibited

25                              under s. 893.03(1)(a), (1)(b),

26                              (1)(d), (2)(a), (2)(b), or

27                              (2)(c)4., within 1,000 feet of

28                              property used for religious

29                              services or a specified business

30                              site.

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    Florida Senate - 2005                            CS for SB 316
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 1  893.13(4)(a)       1st      Deliver to minor cocaine (or

 2                              other s. 893.03(1)(a), (1)(b),

 3                              (1)(d), (2)(a), (2)(b), or

 4                              (2)(c)4. drugs).

 5  893.135(1)(a)1.    1st      Trafficking in cannabis, more

 6                              than 25 lbs., less than 2,000

 7                              lbs.

 8  893.135

 9   (1)(b)1.a.        1st      Trafficking in cocaine, more than

10                              28 grams, less than 200 grams.

11  893.135

12   (1)(c)1.a.        1st      Trafficking in illegal drugs,

13                              more than 4 grams, less than 14

14                              grams.

15  893.135

16   (1)(d)1.          1st      Trafficking in phencyclidine,

17                              more than 28 grams, less than 200

18                              grams.

19  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

20                              than 200 grams, less than 5

21                              kilograms.

22  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

23                              than 14 grams, less than 28

24                              grams.

25  893.135

26   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

27                              grams or more, less than 14

28                              grams.

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    Florida Senate - 2005                            CS for SB 316
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 1  893.135

 2   (1)(h)1.a.        1st      Trafficking in

 3                              gamma-hydroxybutyric acid (GHB),

 4                              1 kilogram or more, less than 5

 5                              kilograms.

 6  893.135

 7   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

 8                              kilogram or more, less than 5

 9                              kilograms.

10  893.135

11   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

12                              10 grams or more, less than 200

13                              grams.

14  896.101(5)(a)      3rd      Money laundering, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17  896.104(4)(a)1.    3rd      Structuring transactions to evade

18                              reporting or registration

19                              requirements, financial

20                              transactions exceeding $300 but

21                              less than $20,000.

22         Section 2.  This act shall take effect July 1, 2005.

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 316

26                                 

27  The Committee Substitute deletes revisions to s.847.0135, F.S.
    that would have added "Facilitates sexual conduct of or with a
28  minor or the visual depiction of such conduct" as a 3rd degree
    felony.
29  

30  

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