Senate Bill sb1342e1
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1 A bill to be entitled
2 An act relating to crimes that involve or may
3 facilitate the false personation of a law
4 enforcement officer or other person; amending
5 s. 316.2397, F.S., relating to unlawfully
6 showing or displaying certain lights; providing
7 that the unlawful display of blue lights is a
8 first-degree misdemeanor; amending s. 843.08,
9 F.S., relating to falsely personating an
10 officer; prohibiting impersonation of a federal
11 law enforcement officer; subdividing penalty
12 provisions for the purpose of referencing such
13 provisions; amending s. 843.081, F.S.;
14 providing that the unlawful use of flashing or
15 rotating blue lights is a third-degree felony
16 rather than a misdemeanor; amending s. 843.085,
17 F.S., relating to the unlawful use of police
18 badges or other indicia of authority;
19 clarifying that the offender's intent to
20 mislead another person is an element of such
21 offense; providing penalties; amending s.
22 921.0022, F.S., relating to the offense
23 severity ranking chart of the Criminal
24 Punishment Code; ranking violations of ss.
25 843.08, 843.081, 843.085, and 843.0855, F.S.,
26 within the chart; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 316.2397, Florida Statutes, is
31 amended to read:
1
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1 316.2397 Certain lights prohibited; exceptions.--
2 (1) No person shall drive or move or cause to be moved
3 any vehicle or equipment upon any highway within this state
4 with any lamp or device thereon showing or displaying a red or
5 blue light visible from directly in front thereof except for
6 certain vehicles hereinafter provided.
7 (2) It is expressly prohibited for any vehicle or
8 equipment, except police vehicles, to show or display blue
9 lights. However, vehicles owned, operated, or leased by the
10 Department of Corrections may show or display blue lights when
11 responding to emergencies.
12 (3) Vehicles of the fire department and fire patrol,
13 including vehicles of volunteer firefighters as permitted
14 under s. 316.2398, vehicles of medical staff physicians or
15 technicians of medical facilities licensed by the state as
16 authorized under s. 316.2398, ambulances as authorized under
17 this chapter, and buses and taxicabs as authorized under s.
18 316.2399 are permitted to show or display red lights. Vehicles
19 of the fire department, fire patrol, police vehicles, and such
20 ambulances and emergency vehicles of municipal and county
21 departments, public service corporations operated by private
22 corporations, the Department of Environmental Protection, the
23 Department of Transportation, and the Department of
24 Agriculture and Consumer Services as are designated or
25 authorized by their respective department or the chief of
26 police of an incorporated city or any sheriff of any county
27 are hereby authorized to operate emergency lights and sirens
28 in an emergency. Wreckers, mosquito control fog and spray
29 vehicles, and emergency vehicles of governmental departments
30 or public service corporations may show or display amber
31 lights when in actual operation or when a hazard exists
2
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1 provided they are not used going to and from the scene of
2 operation or hazard without specific authorization of a law
3 enforcement officer or law enforcement agency. Wreckers must
4 use amber rotating or flashing lights while performing
5 recoveries and loading on the roadside day or night, and may
6 use such lights while towing a vehicle on wheel lifts, slings,
7 or under reach if the operator of the wrecker deems such
8 lights necessary. A flatbed, car carrier, or rollback may not
9 use amber rotating or flashing lights when hauling a vehicle
10 on the bed unless it creates a hazard to other motorists
11 because of protruding objects. Further, escort vehicles may
12 show or display amber lights when in the actual process of
13 escorting overdimensioned equipment, material, or buildings as
14 authorized by law. Vehicles of private watch, guard, or patrol
15 agencies licensed pursuant to chapter 493 may show or display
16 amber lights while patrolling condominium, cooperative, and
17 private residential and business communities by which employed
18 and which traverse public streets or highways.
19 (4) Road or street maintenance equipment, road or
20 street maintenance vehicles, road service vehicles, refuse
21 collection vehicles, petroleum tankers, and mail carrier
22 vehicles may show or display amber lights when in operation or
23 a hazard exists.
24 (5) Road maintenance and construction equipment and
25 vehicles may display flashing white lights or flashing white
26 strobe lights when in operation and where a hazard exists.
27 Additionally, school buses and vehicles that are used to
28 transport farm workers may display flashing white strobe
29 lights.
30 (6) All lighting equipment heretofore referred to
31 shall meet all requirements as set forth in s. 316.241.
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1 (7) Flashing lights are prohibited on vehicles except
2 as a means of indicating a right or left turn, to change
3 lanes, or to indicate that the vehicle is lawfully stopped or
4 disabled upon the highway or except that the lamps authorized
5 in subsections (1), (2), (3), (4), and (9) and s. 316.235(5)
6 are permitted to flash.
7 (8) Subsections (1) and (7) do not apply to police,
8 fire, or authorized emergency vehicles while in the
9 performance of their necessary duties.
10 (9) Flashing red lights may be used by emergency
11 response vehicles of the Department of Environmental
12 Protection and the Department of Health when responding to an
13 emergency in the line of duty.
14 (10) Except for a violation of subsection (2), a
15 violation of this section is a noncriminal traffic infraction,
16 punishable as a nonmoving violation as provided in chapter
17 318. A violation of subsection (2) is a misdemeanor of the
18 first degree, punishable as provided in s. 775.082 or s.
19 775.083.
20 Section 2. Section 843.08, Florida Statutes, is
21 amended to read:
22 843.08 Falsely personating officer, etc.--
23 (1) It is unlawful for a person to who falsely assume
24 assumes or pretend pretends to be a sheriff, officer of the
25 Florida Highway Patrol, officer of the Fish and Wildlife
26 Conservation Commission, officer of the Department of
27 Environmental Protection, officer of the Department of
28 Transportation, officer of the Department of Financial
29 Services, officer of the Department of Corrections,
30 correctional probation officer, deputy sheriff, state attorney
31 or assistant state attorney, statewide prosecutor or assistant
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1 statewide prosecutor, state attorney investigator, coroner,
2 police officer, lottery special agent or lottery investigator,
3 beverage enforcement agent, or watchman, or any member of the
4 Parole Commission and any administrative aide or supervisor
5 employed by the commission, or any personnel or representative
6 of the Department of Law Enforcement, or a federal law
7 enforcement officer as defined in s. 901.1505, and take takes
8 upon himself or herself to act as such, or to require any
9 other person to aid or assist him or her in a matter
10 pertaining to the duty of any such officer.,
11 (2) Any person who violates subsection (1) commits a
12 felony of the third degree, punishable as provided in s.
13 775.082, s. 775.083, or s. 775.084.; however, a
14 (3) Any person who falsely personates any such officer
15 in violation of subsection (1) during the course of the
16 commission of a felony commits a felony of the second degree,
17 punishable as provided in s. 775.082, s. 775.083, or s.
18 775.084.; except that if the
19 (4) Any person who falsely personates any such officer
20 in violation of subsection (1) during the course of the
21 commission of a felony, and the commission of the felony
22 results in the death or personal injury of another human
23 being, the person commits a felony of the first degree,
24 punishable as provided in s. 775.082, s. 775.083, or s.
25 775.084.
26 Section 3. Section 843.081, Florida Statutes, is
27 amended to read:
28 843.081 Prohibited use of certain lights; penalty.--
29 (1) The Legislature finds and declares that Florida's
30 citizens are vulnerable to becoming the victims of criminal
31 acts through the illegal use of blue lights by the criminal
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1 elements. It is the intent of the Legislature to reduce this
2 vulnerability to injury and loss of life and property by
3 prohibiting the use of certain blue lights by any person other
4 than an authorized law enforcement officer.
5 (2) It is unlawful for a person to use in or on any
6 nongovernmentally owned vehicle or vessel any flashing or
7 rotating blue light unless such person is a law enforcement
8 officer employed by a federal, state, county, or city law
9 enforcement agency or is a person appointed by the Governor
10 pursuant to chapter 354.
11 (3) The provisions of this section shall not apply to
12 salespersons, service representatives, or other employees of
13 businesses licensed to sell or repair law enforcement
14 equipment.
15 (4) For the purposes of this section, the term
16 "flashing or rotating blue light" includes all forms of lights
17 which display a blue light source or which were designed with
18 the intent of displaying a blue light source whether or not
19 such light is actually in use.
20 (5) Any person who violates any of the provisions of
21 this section commits a felony misdemeanor of the third first
22 degree, punishable as provided in s. 775.082, or s. 775.083,
23 or s. 775.084.
24 Section 4. Section 843.085, Florida Statutes, is
25 amended to read:
26 843.085 Unlawful use of police badges or other indicia
27 of authority.--It is unlawful for any person:
28 (1) It is unlawful for any person, unless appointed by
29 the Governor pursuant to chapter 354, authorized by the
30 appropriate agency, or displayed in a closed or mounted case
31 as a collection or exhibit, to wear or display any authorized
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1 indicia of authority, including any badge, insignia, emblem,
2 identification card, or uniform, or any colorable imitation
3 thereof, of any federal, state, county, or municipal law
4 enforcement agency, or other criminal justice agency as now or
5 hereafter defined in s. 943.045, with the intent to mislead or
6 cause another person to believe that he or she is a member of
7 that agency or is authorized to display or wear such item,
8 which could deceive a reasonable person into believing that
9 such item is authorized by any of the agencies described above
10 for use by the person displaying or wearing it, or to wear or
11 display any such item that which displays in any manner or
12 combination the word or words "police," "patrolman," "agent,"
13 "sheriff," "deputy," "trooper," "highway patrol," "Wildlife
14 Officer," "Marine Patrol Officer," "state attorney," "public
15 defender," "marshal," "constable," or "bailiff," with the
16 intent to mislead or cause another person to believe that he
17 or she is a member of that agency or is authorized to wear or
18 display such item which could deceive a reasonable person into
19 believing that such item is authorized by any of the agencies
20 described above for use by the person displaying or wearing
21 it. It is insufficient to prove criminal intent under this
22 subsection that a person wore or displayed such item without
23 authorization from the agency displayed on such item. To
24 evidence this intent, there must be an additional affirmative
25 act by the person that indicates this intent, such as the
26 person misrepresenting that he or she is employed by the
27 agency displayed on such item or misrepresenting that he or
28 she is authorized by that agency to wear or display such item.
29 A violation of this subsection is a felony of the third
30 degree, punishable as provided in s. 775.082, s. 775.083, or
31 s. 775.084.
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1 (2) It is unlawful for any person to own or operate a
2 motor vehicle marked or identified in any manner or
3 combination by the word or words "police," "patrolman,"
4 "sheriff," "deputy," "trooper," "highway patrol," "Wildlife
5 Officer," "Marine Patrol Officer," "marshal," "constable," or
6 "bailiff," or by any lettering, marking, or insignia, or
7 colorable imitation thereof, including, but not limited to,
8 stars, badges, or shields, officially used to identify the
9 vehicle as a federal, state, county, or municipal law
10 enforcement vehicle or a vehicle used by a criminal justice
11 agency as now or hereafter defined in s. 943.045 with the
12 intent to mislead or cause another person to believe that such
13 vehicle is an official vehicle of that agency and is
14 authorized to be used by that agency, which could deceive a
15 reasonable person into believing that such vehicle is
16 authorized by any of the agencies described above for use by
17 the person operating the motor vehicle, unless such vehicle is
18 owned or operated by the appropriate agency and its use is
19 authorized by such agency, or the local law enforcement agency
20 authorizes the use of such vehicle or unless the person is
21 appointed by the Governor pursuant to chapter 354. A violation
22 of this subsection is a felony of the third degree, punishable
23 as provided in s. 775.082, s. 775.083, or s. 775.084.
24 (3)(a) It is unlawful for any person to sell,
25 transfer, or give away the authorized badge, or colorable
26 imitation thereof, including miniatures, of any criminal
27 justice agency as now or hereafter defined in s. 943.045, or
28 bearing in any manner or combination the word or words
29 "police," "patrolman," "sheriff," "deputy," "trooper,"
30 "highway patrol," "Wildlife Officer," "Marine Patrol Officer,"
31 "marshal," "constable," "agent," "state attorney," "public
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1 defender," or "bailiff," which could deceive a reasonable
2 person into believing that such item is authorized by any of
3 the agencies described above, except for agency purchases or
4 upon the presentation and recordation of both a driver's
5 license and other identification showing any transferee to
6 actually be a member of such criminal justice agency or unless
7 the person is appointed by the Governor pursuant to chapter
8 354. A violation of this paragraph is a felony of the third
9 degree, punishable as provided in s. 775.082, s. 775.083, or
10 s. 775.084.
11 (b) A transferor of an item covered by this subsection
12 is required to maintain for 2 years a written record of such
13 transaction, including records showing compliance with this
14 subsection, and if such transferor is a business, it shall
15 make such records available during normal business hours for
16 inspection by any law enforcement agency having jurisdiction
17 in the area where the business is located. A violation of this
18 paragraph is a misdemeanor of the first degree, punishable as
19 provided in s. 775.082 or s. 775.083.
20 (4) Nothing in This section does not shall prohibit a
21 fraternal, benevolent, or labor organization or association,
22 or their chapters or subsidiaries, from using the following
23 words, in any manner or in any combination, if those words
24 appear in the official name of the organization or
25 association: "police," "patrolman," "sheriff," "deputy,"
26 "trooper," "highway patrol," "Wildlife Officer," "Marine
27 Patrol Officer," "marshal," "constable," or "bailiff."
28 (5) Violation of any provision of this section is a
29 misdemeanor of the first degree, punishable as provided in s.
30 775.082 or s. 775.083. This section is cumulative to any law
31 now in force in the state.
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1 Section 5. Paragraphs (b), (c), (e), and (g) of
2 subsection (3) of section 921.0022, Florida Statutes, are
3 amended to read:
4 921.0022 Criminal Punishment Code; offense severity
5 ranking chart.--
6 (3) OFFENSE SEVERITY RANKING CHART
7
8 Florida Felony
9 Statute Degree Description
10
11
12 (b) LEVEL 2
13 370.12(1)(e)3. 3rd Possession of 11 or fewer marine
14 turtle eggs in violation of the
15 Marine Turtle Protection Act.
16 370.12(1)(e)4. 3rd Possession of more than 11 marine
17 turtle eggs in violation of the
18 Marine Turtle Protection Act.
19 403.413(5)(c) 3rd Dumps waste litter exceeding 500
20 lbs. in weight or 100 cubic feet
21 in volume or any quantity for
22 commercial purposes, or hazardous
23 waste.
24 517.07 3rd Registration of securities and
25 furnishing of prospectus
26 required.
27 590.28(1) 3rd Willful, malicious, or
28 intentional burning.
29
30
31
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1 784.05(3) 3rd Storing or leaving a loaded
2 firearm within reach of minor who
3 uses it to inflict injury or
4 death.
5 787.04(1) 3rd In violation of court order,
6 take, entice, etc., minor beyond
7 state limits.
8 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
9 or more to public communication
10 or any other public service.
11 810.061(2) 3rd Impairing or impeding telephone
12 or power to a dwelling;
13 facilitating or furthering
14 burglary.
15 810.09(2)(e) 3rd Trespassing on posted commercial
16 horticulture property.
17 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
18 more but less than $5,000.
19 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
20 more but less than $300, taken
21 from unenclosed curtilage of
22 dwelling.
23 812.015(7) 3rd Possession, use, or attempted use
24 of an antishoplifting or
25 inventory control device
26 countermeasure.
27 817.234(1)(a)2. 3rd False statement in support of
28 insurance claim.
29
30
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1 817.481(3)(a) 3rd Obtain credit or purchase with
2 false, expired, counterfeit,
3 etc., credit card, value over
4 $300.
5 817.52(3) 3rd Failure to redeliver hired
6 vehicle.
7 817.54 3rd With intent to defraud, obtain
8 mortgage note, etc., by false
9 representation.
10 817.60(5) 3rd Dealing in credit cards of
11 another.
12 817.60(6)(a) 3rd Forgery; purchase goods, services
13 with false card.
14 817.61 3rd Fraudulent use of credit cards
15 over $100 or more within 6
16 months.
17 826.04 3rd Knowingly marries or has sexual
18 intercourse with person to whom
19 related.
20 831.01 3rd Forgery.
21 831.02 3rd Uttering forged instrument;
22 utters or publishes alteration
23 with intent to defraud.
24 831.07 3rd Forging bank bills, checks,
25 drafts, or promissory notes.
26 831.08 3rd Possessing 10 or more forged
27 notes, bills, checks, or drafts.
28 831.09 3rd Uttering forged notes, bills,
29 checks, drafts, or promissory
30 notes.
31
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1 831.11 3rd Bringing into the state forged
2 bank bills, checks, drafts, or
3 notes.
4 832.05(3)(a) 3rd Cashing or depositing item with
5 intent to defraud.
6 843.08 3rd Falsely impersonating an officer.
7 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
8 (2)(c)1., (2)(c)2., (2)(c)3.,
9 (2)(c)5., (2)(c)6., (2)(c)7.,
10 (2)(c)8., (2)(c)9., (3), or (4)
11 drugs other than cannabis.
12 893.147(2) 3rd Manufacture or delivery of drug
13 paraphernalia.
14 (c) LEVEL 3
15 119.10(2)(b) 3rd Unlawful use of confidential
16 information from police reports.
17 316.066(6)
18 (b)-(d) 3rd Unlawfully obtaining or using
19 confidential crash reports.
20 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
21 316.1935(2) 3rd Fleeing or attempting to elude
22 law enforcement officer in patrol
23 vehicle with siren and lights
24 activated.
25 319.30(4) 3rd Possession by junkyard of motor
26 vehicle with identification
27 number plate removed.
28 319.33(1)(a) 3rd Alter or forge any certificate of
29 title to a motor vehicle or
30 mobile home.
31
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1 319.33(1)(c) 3rd Procure or pass title on stolen
2 vehicle.
3 319.33(4) 3rd With intent to defraud, possess,
4 sell, etc., a blank, forged, or
5 unlawfully obtained title or
6 registration.
7 327.35(2)(b) 3rd Felony BUI.
8 328.05(2) 3rd Possess, sell, or counterfeit
9 fictitious, stolen, or fraudulent
10 titles or bills of sale of
11 vessels.
12 328.07(4) 3rd Manufacture, exchange, or possess
13 vessel with counterfeit or wrong
14 ID number.
15 370.12(1)(e)5. 3rd Taking, disturbing, mutilating,
16 destroying, causing to be
17 destroyed, transferring, selling,
18 offering to sell, molesting, or
19 harassing marine turtles, marine
20 turtle eggs, or marine turtle
21 nests in violation of the Marine
22 Turtle Protection Act.
23 370.12(1)(e)6. 3rd Soliciting to commit or
24 conspiring to commit a violation
25 of the Marine Turtle Protection
26 Act.
27 376.302(5) 3rd Fraud related to reimbursement
28 for cleanup expenses under the
29 Inland Protection Trust Fund.
30
31
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1 400.903(3) 3rd Operating a clinic without a
2 license or filing false license
3 application or other required
4 information.
5 440.105(3)(b) 3rd Receipt of fee or consideration
6 without approval by judge of
7 compensation claims.
8 440.1051(3) 3rd False report of workers'
9 compensation fraud or retaliation
10 for making such a report.
11 501.001(2)(b) 2nd Tampers with a consumer product
12 or the container using materially
13 false/misleading information.
14 624.401(4)(a) 3rd Transacting insurance without a
15 certificate of authority.
16 624.401(4)(b)1. 3rd Transacting insurance without a
17 certificate of authority; premium
18 collected less than $20,000.
19 626.902(1)
20 (a) & (b) 3rd Representing an unauthorized
21 insurer.
22 697.08 3rd Equity skimming.
23 790.15(3) 3rd Person directs another to
24 discharge firearm from a vehicle.
25 796.05(1) 3rd Live on earnings of a prostitute.
26 806.10(1) 3rd Maliciously injure, destroy, or
27 interfere with vehicles or
28 equipment used in firefighting.
29 806.10(2) 3rd Interferes with or assaults
30 firefighter in performance of
31 duty.
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1 810.09(2)(c) 3rd Trespass on property other than
2 structure or conveyance armed
3 with firearm or dangerous weapon.
4 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
5 less than $10,000.
6 812.0145(2)(c) 3rd Theft from person 65 years of age
7 or older; $300 or more but less
8 than $10,000.
9 815.04(4)(b) 2nd Computer offense devised to
10 defraud or obtain property.
11 817.034(4)(a)3. 3rd Engages in scheme to defraud
12 (Florida Communications Fraud
13 Act), property valued at less
14 than $20,000.
15 817.233 3rd Burning to defraud insurer.
16 817.234(8)
17 (b)-(c) 3rd Unlawful solicitation of persons
18 involved in motor vehicle
19 accidents.
20 817.234(11)(a) 3rd Insurance fraud; property value
21 less than $20,000.
22 817.236 3rd Filing a false motor vehicle
23 insurance application.
24 817.2361 3rd Creating, marketing, or
25 presenting a false or fraudulent
26 motor vehicle insurance card.
27 817.413(2) 3rd Sale of used goods as new.
28 817.505(4) 3rd Patient brokering.
29 828.12(2) 3rd Tortures any animal with intent
30 to inflict intense pain, serious
31 physical injury, or death.
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1 831.28(2)(a) 3rd Counterfeiting a payment
2 instrument with intent to defraud
3 or possessing a counterfeit
4 payment instrument.
5 831.29 2nd Possession of instruments for
6 counterfeiting drivers' licenses
7 or identification cards.
8 838.021(3)(b) 3rd Threatens unlawful harm to public
9 servant.
10 843.08(2) 3rd False personation of an officer.
11 843.081 3rd Prohibited use of certain lights.
12 843.085(1) 3rd Wearing or displaying indicia of
13 authority of a law enforcement
14 agency.
15 843.085(2) 3rd Owning or operating a motor
16 vehicle with certain markings or
17 identification.
18 843.085(3)(a) 3rd Selling, transferring, or giving
19 away certain badges.
20 843.0855(2) 3rd Impersonating a public officer or
21 other specified person in
22 connection with or relating to
23 legal process.
24 843.0855(3) 3rd Simulating legal process.
25 843.0855(4) 3rd Influencing, intimidating, or
26 hindering a public officer or law
27 enforcement officer.
28 843.19 3rd Injure, disable, or kill police
29 dog or horse.
30 860.15(3) 3rd Overcharging for repairs and
31 parts.
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1 870.01(2) 3rd Riot; inciting or encouraging.
2 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
3 cannabis (or other s.
4 893.03(1)(c), (2)(c)1., (2)(c)2.,
5 (2)(c)3., (2)(c)5., (2)(c)6.,
6 (2)(c)7., (2)(c)8., (2)(c)9.,
7 (3), or (4) drugs).
8 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
9 893.03(1)(c), (2)(c)1., (2)(c)2.,
10 (2)(c)3., (2)(c)5., (2)(c)6.,
11 (2)(c)7., (2)(c)8., (2)(c)9.,
12 (3), or (4) drugs within 1,000
13 feet of university.
14 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
15 893.03(1)(c), (2)(c)1., (2)(c)2.,
16 (2)(c)3., (2)(c)5., (2)(c)6.,
17 (2)(c)7., (2)(c)8., (2)(c)9.,
18 (3), or (4) drugs within 1,000
19 feet of public housing facility.
20 893.13(6)(a) 3rd Possession of any controlled
21 substance other than felony
22 possession of cannabis.
23 893.13(7)(a)8. 3rd Withhold information from
24 practitioner regarding previous
25 receipt of or prescription for a
26 controlled substance.
27 893.13(7)(a)9. 3rd Obtain or attempt to obtain
28 controlled substance by fraud,
29 forgery, misrepresentation, etc.
30 893.13(7)(a)10. 3rd Affix false or forged label to
31 package of controlled substance.
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1 893.13(7)(a)11. 3rd Furnish false or fraudulent
2 material information on any
3 document or record required by
4 chapter 893.
5 893.13(8)(a)1. 3rd Knowingly assist a patient, other
6 person, or owner of an animal in
7 obtaining a controlled substance
8 through deceptive, untrue, or
9 fraudulent representations in or
10 related to the practitioner's
11 practice.
12 893.13(8)(a)2. 3rd Employ a trick or scheme in the
13 practitioner's practice to assist
14 a patient, other person, or owner
15 of an animal in obtaining a
16 controlled substance.
17 893.13(8)(a)3. 3rd Knowingly write a prescription
18 for a controlled substance for a
19 fictitious person.
20 893.13(8)(a)4. 3rd Write a prescription for a
21 controlled substance for a
22 patient, other person, or an
23 animal if the sole purpose of
24 writing the prescription is a
25 monetary benefit for the
26 practitioner.
27 918.13(1)(a) 3rd Alter, destroy, or conceal
28 investigation evidence.
29 944.47
30 (1)(a)1.-2. 3rd Introduce contraband to
31 correctional facility.
19
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
1 944.47(1)(c) 2nd Possess contraband while upon the
2 grounds of a correctional
3 institution.
4 985.721 3rd Escapes from a juvenile facility
5 (secure detention or residential
6 commitment facility).
7 (e) LEVEL 5
8 316.027(1)(a) 3rd Accidents involving personal
9 injuries, failure to stop;
10 leaving scene.
11 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
12 322.34(6) 3rd Careless operation of motor
13 vehicle with suspended license,
14 resulting in death or serious
15 bodily injury.
16 327.30(5) 3rd Vessel accidents involving
17 personal injury; leaving scene.
18 381.0041
19 (11)(b) 3rd Donate blood, plasma, or organs
20 knowing HIV positive.
21 440.10(1)(g) 2nd Failure to obtain workers'
22 compensation coverage.
23 440.105(5) 2nd Unlawful solicitation for the
24 purpose of making workers'
25 compensation claims.
26 440.381(2) 2nd Submission of false, misleading,
27 or incomplete information with
28 the purpose of avoiding or
29 reducing workers' compensation
30 premiums.
31
20
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
1 624.401(4)(b)2. 2nd Transacting insurance without a
2 certificate or authority; premium
3 collected $20,000 or more but
4 less than $100,000.
5 626.902(1)(c) 2nd Representing an unauthorized
6 insurer; repeat offender.
7 790.01(2) 3rd Carrying a concealed firearm.
8 790.162 2nd Threat to throw or discharge
9 destructive device.
10 790.163(1) 2nd False report of deadly explosive
11 or weapon of mass destruction.
12 790.221(1) 2nd Possession of short-barreled
13 shotgun or machine gun.
14 790.23 2nd Felons in possession of firearms,
15 ammunition, or electronic weapons
16 or devices.
17 800.04(6)(c) 3rd Lewd or lascivious conduct;
18 offender less than 18 years.
19 800.04(7)(c) 2nd Lewd or lascivious exhibition;
20 offender 18 years or older.
21 806.111(1) 3rd Possess, manufacture, or dispense
22 fire bomb with intent to damage
23 any structure or property.
24 812.0145(2)(b) 2nd Theft from person 65 years of age
25 or older; $10,000 or more but
26 less than $50,000.
27 812.015(8) 3rd Retail theft; property stolen is
28 valued at $300 or more and one or
29 more specified acts.
30 812.019(1) 2nd Stolen property; dealing in or
31 trafficking in.
21
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
1 812.131(2)(b) 3rd Robbery by sudden snatching.
2 812.16(2) 3rd Owning, operating, or conducting
3 a chop shop.
4 817.034(4)(a)2. 2nd Communications fraud, value
5 $20,000 to $50,000.
6 817.234(11)(b) 2nd Insurance fraud; property value
7 $20,000 or more but less than
8 $100,000.
9 817.2341(1),
10 (2)(a)&(3)(a) 3rd Filing false financial
11 statements, making false entries
12 of material fact or false
13 statements regarding property
14 values relating to the solvency
15 of an insuring entity.
16 817.568(2)(b) 2nd Fraudulent use of personal
17 identification information; value
18 of benefit, services received,
19 payment avoided, or amount of
20 injury or fraud, $5,000 or more
21 or use of personal identification
22 information of 10 or more
23 individuals.
24 817.625(2)(b) 2nd Second or subsequent fraudulent
25 use of scanning device or
26 reencoder.
27 825.1025(4) 3rd Lewd or lascivious exhibition in
28 the presence of an elderly person
29 or disabled adult.
30
31
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CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
1 827.071(4) 2nd Possess with intent to promote
2 any photographic material, motion
3 picture, etc., which includes
4 sexual conduct by a child.
5 827.071(5) 3rd Possess any photographic
6 material, motion picture, etc.,
7 which includes sexual conduct by
8 a child.
9 839.13(2)(b) 2nd Falsifying records of an
10 individual in the care and
11 custody of a state agency
12 involving great bodily harm or
13 death.
14 843.01 3rd Resist officer with violence to
15 person; resist arrest with
16 violence.
17 843.08(3) 2nd False personation of an officer
18 during the course of the
19 commission of a felony.
20 847.0137
21 (2)&(3) 3rd Transmission of pornography by
22 electronic device or equipment.
23 847.0138
24 (2)&(3) 3rd Transmission of material harmful
25 to minors to a minor by
26 electronic device or equipment.
27 874.05(2) 2nd Encouraging or recruiting another
28 to join a criminal street gang;
29 second or subsequent offense.
30
31
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CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
1 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d),
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs).
6 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
7 cannabis (or other s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.,
11 (3), or (4) drugs) within 1,000
12 feet of a child care facility,
13 school, or state, county, or
14 municipal park or publicly owned
15 recreational facility or
16 community center.
17 893.13(1)(d)1. 1st Sell, manufacture, or deliver
18 cocaine (or other s.
19 893.03(1)(a), (1)(b), (1)(d),
20 (2)(a), (2)(b), or (2)(c)4.
21 drugs) within 1,000 feet of
22 university.
23 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
24 cannabis or other drug prohibited
25 under s. 893.03(1)(c), (2)(c)1.,
26 (2)(c)2., (2)(c)3., (2)(c)5.,
27 (2)(c)6., (2)(c)7., (2)(c)8.,
28 (2)(c)9., (3), or (4) within
29 1,000 feet of property used for
30 religious services or a specified
31 business site.
24
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
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) 1st 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.
25
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
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.
26
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
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.
25 775.21(10)(a) 3rd Sexual predator; failure to
26 register; failure to renew
27 driver's license or
28 identification card; other
29 registration violations.
30 775.21(10)(b) 3rd Sexual predator working where
31 children regularly congregate.
27
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
1 775.21(10)(g) 3rd Failure to report or providing
2 false information about a sexual
3 predator; harbor or conceal a
4 sexual predator.
5 782.051(3) 2nd Attempted felony murder of a
6 person by a person other than the
7 perpetrator or the perpetrator of
8 an attempted felony.
9 782.07(1) 2nd Killing of a human being by the
10 act, procurement, or culpable
11 negligence of another
12 (manslaughter).
13 782.071 2nd Killing of human being or viable
14 fetus by the operation of a motor
15 vehicle in a reckless manner
16 (vehicular homicide).
17 782.072 2nd Killing of a human being by the
18 operation of a vessel in a
19 reckless manner (vessel
20 homicide).
21 784.045(1)(a)1. 2nd Aggravated battery; intentionally
22 causing great bodily harm or
23 disfigurement.
24 784.045(1)(a)2. 2nd Aggravated battery; using deadly
25 weapon.
26 784.045(1)(b) 2nd Aggravated battery; perpetrator
27 aware victim pregnant.
28 784.048(4) 3rd Aggravated stalking; violation of
29 injunction or court order.
30 784.048(7) 3rd Aggravated stalking; violation of
31 court order.
28
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
1 784.07(2)(d) 1st Aggravated battery on law
2 enforcement officer.
3 784.074(1)(a) 1st Aggravated battery on sexually
4 violent predators facility staff.
5 784.08(2)(a) 1st Aggravated battery on a person 65
6 years of age or older.
7 784.081(1) 1st Aggravated battery on specified
8 official or employee.
9 784.082(1) 1st Aggravated battery by detained
10 person on visitor or other
11 detainee.
12 784.083(1) 1st Aggravated battery on code
13 inspector.
14 790.07(4) 1st Specified weapons violation
15 subsequent to previous conviction
16 of s. 790.07(1) or (2).
17 790.16(1) 1st Discharge of a machine gun under
18 specified circumstances.
19 790.165(2) 2nd Manufacture, sell, possess, or
20 deliver hoax bomb.
21 790.165(3) 2nd Possessing, displaying, or
22 threatening to use any hoax bomb
23 while committing or attempting to
24 commit a felony.
25 790.166(3) 2nd Possessing, selling, using, or
26 attempting to use a hoax weapon
27 of mass destruction.
28
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29
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
1 790.166(4) 2nd Possessing, displaying, or
2 threatening to use a hoax weapon
3 of mass destruction while
4 committing or attempting to
5 commit a felony.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a)1. 1st Property stolen, valued at
24 $100,000 or more or a semitrailer
25 deployed by a law enforcement
26 officer; property stolen while
27 causing other property damage;
28 1st degree grand theft.
29 812.014(2)(b)2. 2nd Property stolen, cargo valued at
30 less than $50,000, grand theft in
31 2nd degree.
30
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
1 812.014(2)(b)3. 2nd Property stolen, emergency
2 medical equipment; 2nd degree
3 grand theft.
4 812.0145(2)(a) 1st Theft from person 65 years of age
5 or older; $50,000 or more.
6 812.019(2) 1st Stolen property; initiates,
7 organizes, plans, etc., the theft
8 of property and traffics in
9 stolen property.
10 812.131(2)(a) 2nd Robbery by sudden snatching.
11 812.133(2)(b) 1st Carjacking; no firearm, deadly
12 weapon, or other weapon.
13 817.234(8)(a) 2nd Solicitation of motor vehicle
14 accident victims with intent to
15 defraud.
16 817.234(9) 2nd Organizing, planning, or
17 participating in an intentional
18 motor vehicle collision.
19 817.234(11)(c) 1st Insurance fraud; property value
20 $100,000 or more.
21 817.2341(2)(b)&
22 (3)(b) 1st Making false entries of material
23 fact or false statements
24 regarding property values
25 relating to the solvency of an
26 insuring entity which are a
27 significant cause of the
28 insolvency of that entity.
29
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CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.103(2)(b) 2nd Exploiting an elderly person or
6 disabled adult and property is
7 valued at $20,000 or more, but
8 less than $100,000.
9 827.03(3)(b) 2nd Neglect of a child causing great
10 bodily harm, disability, or
11 disfigurement.
12 827.04(3) 3rd Impregnation of a child under 16
13 years of age by person 21 years
14 of age or older.
15 837.05(2) 3rd Giving false information about
16 alleged capital felony to a law
17 enforcement officer.
18 838.015 2nd Bribery.
19 838.016 2nd Unlawful compensation or reward
20 for official behavior.
21 838.021(3)(a) 2nd Unlawful harm to a public
22 servant.
23 838.22 2nd Bid tampering.
24 843.08(4) 1st False personation of an officer
25 during the course of the
26 commission of a felony; death or
27 personal injury.
28 847.0135(3) 3rd Solicitation of a child, via a
29 computer service, to commit an
30 unlawful sex act.
31 872.06 2nd Abuse of a dead human body.
32
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
1 893.13(1)(c)1. 1st Sell, manufacture, or deliver
2 cocaine (or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4.) within 1,000 feet of a
6 child care facility, school, or
7 state, county, or municipal park
8 or publicly owned recreational
9 facility or community center.
10 893.13(1)(e)1. 1st Sell, manufacture, or deliver
11 cocaine or other drug prohibited
12 under s. 893.03(1)(a), (1)(b),
13 (1)(d), (2)(a), (2)(b), or
14 (2)(c)4., within 1,000 feet of
15 property used for religious
16 services or a specified business
17 site.
18 893.13(4)(a) 1st Deliver to minor cocaine (or
19 other s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4. drugs).
22 893.135(1)(a)1. 1st Trafficking in cannabis, more
23 than 25 lbs., less than 2,000
24 lbs.
25 893.135
26 (1)(b)1.a. 1st Trafficking in cocaine, more than
27 28 grams, less than 200 grams.
28 893.135
29 (1)(c)1.a. 1st Trafficking in illegal drugs,
30 more than 4 grams, less than 14
31 grams.
33
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 893.135
16 (1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135
21 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
22 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(k)2.a. 1st Trafficking in Phenethylamines,
26 10 grams or more, less than 200
27 grams.
28 896.101(5)(a) 3rd Money laundering, financial
29 transactions exceeding $300 but
30 less than $20,000.
31
34
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions exceeding $300 but
5 less than $20,000.
6 943.0435(4)(c) 2nd Sexual offender vacating
7 permanent residence; failure to
8 comply with reporting
9 requirements.
10 943.0435(8) 2nd Sexual offender; remains in state
11 after indicating intent to leave;
12 failure to comply with reporting
13 requirements.
14 943.0435(9)(a) 3rd Sexual offender; failure to
15 comply with reporting
16 requirements.
17 943.0435(13) 3rd Failure to report or providing
18 false information about a sexual
19 offender; harbor or conceal a
20 sexual offender.
21 943.0435(14) 3rd Sexual offender; failure to
22 report and reregister; failure to
23 respond to address verification.
24 944.607(9) 3rd Sexual offender; failure to
25 comply with reporting
26 requirements.
27 944.607(10)(a) 3rd Sexual offender; failure to
28 submit to the taking of a
29 digitized photograph.
30
31
35
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1342 First Engrossed (ntc)
1 944.607(12) 3rd Failure to report or providing
2 false information about a sexual
3 offender; harbor or conceal a
4 sexual offender.
5 944.607(13) 3rd Sexual offender; failure to
6 report and reregister; failure to
7 respond to address verification.
8 Section 6. This act shall take effect July 1, 2007.
9
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14
15
16
17
18
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CODING: Words stricken are deletions; words underlined are additions.