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
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Florida Senate - 2005 CS for SB 316
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1 316.027(1)(a) 3rd Accidents involving personal
2 injuries, failure to stop;
3 leaving scene.
4 316.1935(4)(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.
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Florida Senate - 2005 CS for SB 316
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1 790.162 2nd Threat to throw or discharge
2 destructive device.
3 790.163(1) 2nd False report of deadly explosive
4 or weapon of mass destruction.
5 790.221(1) 2nd Possession of short-barreled
6 shotgun or machine gun.
7 790.23 2nd Felons in possession of firearms,
8 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
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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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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
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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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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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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.
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24 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
25 Senate Bill 316
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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.
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