Senate Bill sb7010pb
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7010
FOR CONSIDERATION By the Committee on Criminal Justice
591-740A-07
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; subdividing penalty provisions for the
11 purpose of referencing such provisions;
12 amending s. 843.081, F.S.; providing that the
13 unlawful use of flashing or rotating blue
14 lights is a third-degree felony rather than a
15 misdemeanor; amending s. 843.085, F.S.,
16 relating to the unlawful use of police badges
17 or other indicia of authority; clarifying that
18 the offender's intent to mislead another person
19 is an element of such offense; providing
20 penalties; amending s. 921.0022, F.S., relating
21 to the offense severity ranking chart of the
22 Criminal Punishment Code; ranking violations of
23 ss. 843.08, 843.081, 843.085, and 843.0855,
24 F.S., within the chart; providing an effective
25 date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Section 316.2397, Florida Statutes, is
30 amended to read:
31 316.2397 Certain lights prohibited; exceptions.--
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7010
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1 (1) No person shall drive or move or cause to be moved
2 any vehicle or equipment upon any highway within this state
3 with any lamp or device thereon showing or displaying a red or
4 blue light visible from directly in front thereof except for
5 certain vehicles hereinafter provided.
6 (2) It is expressly prohibited for any vehicle or
7 equipment, except police vehicles, to show or display blue
8 lights. However, vehicles owned, operated, or leased by the
9 Department of Corrections may show or display blue lights when
10 responding to emergencies.
11 (3) Vehicles of the fire department and fire patrol,
12 including vehicles of volunteer firefighters as permitted
13 under s. 316.2398, vehicles of medical staff physicians or
14 technicians of medical facilities licensed by the state as
15 authorized under s. 316.2398, ambulances as authorized under
16 this chapter, and buses and taxicabs as authorized under s.
17 316.2399 are permitted to show or display red lights. Vehicles
18 of the fire department, fire patrol, police vehicles, and such
19 ambulances and emergency vehicles of municipal and county
20 departments, public service corporations operated by private
21 corporations, the Department of Environmental Protection, the
22 Department of Transportation, and the Department of
23 Agriculture and Consumer Services as are designated or
24 authorized by their respective department or the chief of
25 police of an incorporated city or any sheriff of any county
26 are hereby authorized to operate emergency lights and sirens
27 in an emergency. Wreckers, mosquito control fog and spray
28 vehicles, and emergency vehicles of governmental departments
29 or public service corporations may show or display amber
30 lights when in actual operation or when a hazard exists
31 provided they are not used going to and from the scene of
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1 operation or hazard without specific authorization of a law
2 enforcement officer or law enforcement agency. Wreckers must
3 use amber rotating or flashing lights while performing
4 recoveries and loading on the roadside day or night, and may
5 use such lights while towing a vehicle on wheel lifts, slings,
6 or under reach if the operator of the wrecker deems such
7 lights necessary. A flatbed, car carrier, or rollback may not
8 use amber rotating or flashing lights when hauling a vehicle
9 on the bed unless it creates a hazard to other motorists
10 because of protruding objects. Further, escort vehicles may
11 show or display amber lights when in the actual process of
12 escorting overdimensioned equipment, material, or buildings as
13 authorized by law. Vehicles of private watch, guard, or patrol
14 agencies licensed pursuant to chapter 493 may show or display
15 amber lights while patrolling condominium, cooperative, and
16 private residential and business communities by which employed
17 and which traverse public streets or highways.
18 (4) Road or street maintenance equipment, road or
19 street maintenance vehicles, road service vehicles, refuse
20 collection vehicles, petroleum tankers, and mail carrier
21 vehicles may show or display amber lights when in operation or
22 a hazard exists.
23 (5) Road maintenance and construction equipment and
24 vehicles may display flashing white lights or flashing white
25 strobe lights when in operation and where a hazard exists.
26 Additionally, school buses and vehicles that are used to
27 transport farm workers may display flashing white strobe
28 lights.
29 (6) All lighting equipment heretofore referred to
30 shall meet all requirements as set forth in s. 316.241.
31
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7010
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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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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7010
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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, and take takes upon
7 himself or herself to act as such, or to require any other
8 person to aid or assist him or her in a matter pertaining to
9 the duty of any such officer.,
10 (2) Any person who violates subsection (1) commits a
11 felony of the third degree, punishable as provided in s.
12 775.082, s. 775.083, or s. 775.084.; however, a
13 (3) Any person who falsely personates any such officer
14 in violation of subsection (1) during the course of the
15 commission of a felony commits a felony of the second degree,
16 punishable as provided in s. 775.082, s. 775.083, or s.
17 775.084.; except that if the
18 (4) Any person who falsely personates any such officer
19 in violation of subsection (1) during the course of the
20 commission of a felony, and the commission of the felony
21 results in the death or personal injury of another human
22 being, the person commits a felony of the first degree,
23 punishable as provided in s. 775.082, s. 775.083, or s.
24 775.084.
25 Section 3. Section 843.081, Florida Statutes, is
26 amended to read:
27 843.081 Prohibited use of certain lights; penalty.--
28 (1) The Legislature finds and declares that Florida's
29 citizens are vulnerable to becoming the victims of criminal
30 acts through the illegal use of blue lights by the criminal
31 elements. It is the intent of the Legislature to reduce this
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7010
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1 vulnerability to injury and loss of life and property by
2 prohibiting the use of certain blue lights by any person other
3 than an authorized law enforcement officer.
4 (2) It is unlawful for a person to use in or on any
5 nongovernmentally owned vehicle or vessel any flashing or
6 rotating blue light unless such person is a law enforcement
7 officer employed by a federal, state, county, or city law
8 enforcement agency or is a person appointed by the Governor
9 pursuant to chapter 354.
10 (3) The provisions of this section shall not apply to
11 salespersons, service representatives, or other employees of
12 businesses licensed to sell or repair law enforcement
13 equipment.
14 (4) For the purposes of this section, the term
15 "flashing or rotating blue light" includes all forms of lights
16 which display a blue light source or which were designed with
17 the intent of displaying a blue light source whether or not
18 such light is actually in use.
19 (5) Any person who violates any of the provisions of
20 this section commits a felony misdemeanor of the third first
21 degree, punishable as provided in s. 775.082, or s. 775.083,
22 or s. 775.084.
23 Section 4. Section 843.085, Florida Statutes, is
24 amended to read:
25 843.085 Unlawful use of police badges or other indicia
26 of authority.--It is unlawful for any person:
27 (1) It is unlawful for any person, unless appointed by
28 the Governor pursuant to chapter 354, authorized by the
29 appropriate agency, or displayed in a closed or mounted case
30 as a collection or exhibit, to wear or display any authorized
31 indicia of authority, including any badge, insignia, emblem,
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1 identification card, or uniform, or any colorable imitation
2 thereof, of any federal, state, county, or municipal law
3 enforcement agency, or other criminal justice agency as now or
4 hereafter defined in s. 943.045, with the intent to mislead or
5 cause another person to believe that he or she is a member of
6 that agency or is authorized to display or wear such item,
7 which could deceive a reasonable person into believing that
8 such item is authorized by any of the agencies described above
9 for use by the person displaying or wearing it, or to wear or
10 display any such item that which displays in any manner or
11 combination the word or words "police," "patrolman," "agent,"
12 "sheriff," "deputy," "trooper," "highway patrol," "Wildlife
13 Officer," "Marine Patrol Officer," "state attorney," "public
14 defender," "marshal," "constable," or "bailiff," with the
15 intent to mislead or cause another person to believe that he
16 or she is a member of that agency or is authorized to wear or
17 display such item which could deceive a reasonable person into
18 believing that such item is authorized by any of the agencies
19 described above for use by the person displaying or wearing
20 it. A violation of this subsection is a felony of the third
21 degree, punishable as provided in s. 775.082, s. 775.083, or
22 s. 775.084.
23 (2) It is unlawful for any person to own or operate a
24 motor vehicle marked or identified in any manner or
25 combination by the word or words "police," "patrolman,"
26 "sheriff," "deputy," "trooper," "highway patrol," "Wildlife
27 Officer," "Marine Patrol Officer," "marshal," "constable," or
28 "bailiff," or by any lettering, marking, or insignia, or
29 colorable imitation thereof, including, but not limited to,
30 stars, badges, or shields, officially used to identify the
31 vehicle as a federal, state, county, or municipal law
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1 enforcement vehicle or a vehicle used by a criminal justice
2 agency as now or hereafter defined in s. 943.045 with the
3 intent to mislead or cause another person to believe that such
4 vehicle is an official vehicle of that agency and is
5 authorized to be used by that agency, which could deceive a
6 reasonable person into believing that such vehicle is
7 authorized by any of the agencies described above for use by
8 the person operating the motor vehicle, unless such vehicle is
9 owned or operated by the appropriate agency and its use is
10 authorized by such agency, or the local law enforcement agency
11 authorizes the use of such vehicle or unless the person is
12 appointed by the Governor pursuant to chapter 354. A violation
13 of this subsection is a felony of the third degree, punishable
14 as provided in s. 775.082, s. 775.083, or s. 775.084.
15 (3)(a) It is unlawful for any person to sell,
16 transfer, or give away the authorized badge, or colorable
17 imitation thereof, including miniatures, of any criminal
18 justice agency as now or hereafter defined in s. 943.045, or
19 bearing in any manner or combination the word or words
20 "police," "patrolman," "sheriff," "deputy," "trooper,"
21 "highway patrol," "Wildlife Officer," "Marine Patrol Officer,"
22 "marshal," "constable," "agent," "state attorney," "public
23 defender," or "bailiff," which could deceive a reasonable
24 person into believing that such item is authorized by any of
25 the agencies described above, except for agency purchases or
26 upon the presentation and recordation of both a driver's
27 license and other identification showing any transferee to
28 actually be a member of such criminal justice agency or unless
29 the person is appointed by the Governor pursuant to chapter
30 354. A violation of this paragraph is a felony of the third
31
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7010
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1 degree, punishable as provided in s. 775.082, s. 775.083, or
2 s. 775.084.
3 (b) A transferor of an item covered by this subsection
4 is required to maintain for 2 years a written record of such
5 transaction, including records showing compliance with this
6 subsection, and if such transferor is a business, it shall
7 make such records available during normal business hours for
8 inspection by any law enforcement agency having jurisdiction
9 in the area where the business is located. A violation of this
10 paragraph is a misdemeanor of the first degree, punishable as
11 provided in s. 775.082 or s. 775.083.
12 (4) Nothing in This section does not shall prohibit a
13 fraternal, benevolent, or labor organization or association,
14 or their chapters or subsidiaries, from using the following
15 words, in any manner or in any combination, if those words
16 appear in the official name of the organization or
17 association: "police," "patrolman," "sheriff," "deputy,"
18 "trooper," "highway patrol," "Wildlife Officer," "Marine
19 Patrol Officer," "marshal," "constable," or "bailiff."
20 (5) Violation of any provision of this section is a
21 misdemeanor of the first degree, punishable as provided in s.
22 775.082 or s. 775.083. This section is cumulative to any law
23 now in force in the state.
24 Section 5. Paragraphs (b), (c), (e), and (g) of
25 subsection (3) of section 921.0022, Florida Statutes, are
26 amended to read:
27 921.0022 Criminal Punishment Code; offense severity
28 ranking chart.--
29 (3) OFFENSE SEVERITY RANKING CHART
30
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7010
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1 Florida Felony
2 Statute Degree Description
3
4
5 (b) LEVEL 2
6 370.12(1)(e)3. 3rd Possession of 11 or fewer marine
7 turtle eggs in violation of the
8 Marine Turtle Protection Act.
9 370.12(1)(e)4. 3rd Possession of more than 11 marine
10 turtle eggs in violation of the
11 Marine Turtle Protection Act.
12 403.413(5)(c) 3rd Dumps waste litter exceeding 500
13 lbs. in weight or 100 cubic feet
14 in volume or any quantity for
15 commercial purposes, or hazardous
16 waste.
17 517.07 3rd Registration of securities and
18 furnishing of prospectus
19 required.
20 590.28(1) 3rd Willful, malicious, or
21 intentional burning.
22 784.05(3) 3rd Storing or leaving a loaded
23 firearm within reach of minor who
24 uses it to inflict injury or
25 death.
26 787.04(1) 3rd In violation of court order,
27 take, entice, etc., minor beyond
28 state limits.
29 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
30 or more to public communication
31 or any other public service.
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1 810.061(2) 3rd Impairing or impeding telephone
2 or power to a dwelling;
3 facilitating or furthering
4 burglary.
5 810.09(2)(e) 3rd Trespassing on posted commercial
6 horticulture property.
7 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
8 more but less than $5,000.
9 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
10 more but less than $300, taken
11 from unenclosed curtilage of
12 dwelling.
13 812.015(7) 3rd Possession, use, or attempted use
14 of an antishoplifting or
15 inventory control device
16 countermeasure.
17 817.234(1)(a)2. 3rd False statement in support of
18 insurance claim.
19 817.481(3)(a) 3rd Obtain credit or purchase with
20 false, expired, counterfeit,
21 etc., credit card, value over
22 $300.
23 817.52(3) 3rd Failure to redeliver hired
24 vehicle.
25 817.54 3rd With intent to defraud, obtain
26 mortgage note, etc., by false
27 representation.
28 817.60(5) 3rd Dealing in credit cards of
29 another.
30 817.60(6)(a) 3rd Forgery; purchase goods, services
31 with false card.
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1 817.61 3rd Fraudulent use of credit cards
2 over $100 or more within 6
3 months.
4 826.04 3rd Knowingly marries or has sexual
5 intercourse with person to whom
6 related.
7 831.01 3rd Forgery.
8 831.02 3rd Uttering forged instrument;
9 utters or publishes alteration
10 with intent to defraud.
11 831.07 3rd Forging bank bills, checks,
12 drafts, or promissory notes.
13 831.08 3rd Possessing 10 or more forged
14 notes, bills, checks, or drafts.
15 831.09 3rd Uttering forged notes, bills,
16 checks, drafts, or promissory
17 notes.
18 831.11 3rd Bringing into the state forged
19 bank bills, checks, drafts, or
20 notes.
21 832.05(3)(a) 3rd Cashing or depositing item with
22 intent to defraud.
23 843.08 3rd Falsely impersonating an officer.
24 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
25 (2)(c)1., (2)(c)2., (2)(c)3.,
26 (2)(c)5., (2)(c)6., (2)(c)7.,
27 (2)(c)8., (2)(c)9., (3), or (4)
28 drugs other than cannabis.
29 893.147(2) 3rd Manufacture or delivery of drug
30 paraphernalia.
31 (c) LEVEL 3
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1 119.10(2)(b) 3rd Unlawful use of confidential
2 information from police reports.
3 316.066(6)
4 (b)-(d) 3rd Unlawfully obtaining or using
5 confidential crash reports.
6 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
7 316.1935(2) 3rd Fleeing or attempting to elude
8 law enforcement officer in patrol
9 vehicle with siren and lights
10 activated.
11 319.30(4) 3rd Possession by junkyard of motor
12 vehicle with identification
13 number plate removed.
14 319.33(1)(a) 3rd Alter or forge any certificate of
15 title to a motor vehicle or
16 mobile home.
17 319.33(1)(c) 3rd Procure or pass title on stolen
18 vehicle.
19 319.33(4) 3rd With intent to defraud, possess,
20 sell, etc., a blank, forged, or
21 unlawfully obtained title or
22 registration.
23 327.35(2)(b) 3rd Felony BUI.
24 328.05(2) 3rd Possess, sell, or counterfeit
25 fictitious, stolen, or fraudulent
26 titles or bills of sale of
27 vessels.
28 328.07(4) 3rd Manufacture, exchange, or possess
29 vessel with counterfeit or wrong
30 ID number.
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1 370.12(1)(e)5. 3rd Taking, disturbing, mutilating,
2 destroying, causing to be
3 destroyed, transferring, selling,
4 offering to sell, molesting, or
5 harassing marine turtles, marine
6 turtle eggs, or marine turtle
7 nests in violation of the Marine
8 Turtle Protection Act.
9 370.12(1)(e)6. 3rd Soliciting to commit or
10 conspiring to commit a violation
11 of the Marine Turtle Protection
12 Act.
13 376.302(5) 3rd Fraud related to reimbursement
14 for cleanup expenses under the
15 Inland Protection Trust Fund.
16 400.903(3) 3rd Operating a clinic without a
17 license or filing false license
18 application or other required
19 information.
20 440.105(3)(b) 3rd Receipt of fee or consideration
21 without approval by judge of
22 compensation claims.
23 440.1051(3) 3rd False report of workers'
24 compensation fraud or retaliation
25 for making such a report.
26 501.001(2)(b) 2nd Tampers with a consumer product
27 or the container using materially
28 false/misleading information.
29 624.401(4)(a) 3rd Transacting insurance without a
30 certificate of authority.
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1 624.401(4)(b)1. 3rd Transacting insurance without a
2 certificate of authority; premium
3 collected less than $20,000.
4 626.902(1)
5 (a) & (b) 3rd Representing an unauthorized
6 insurer.
7 697.08 3rd Equity skimming.
8 790.15(3) 3rd Person directs another to
9 discharge firearm from a vehicle.
10 796.05(1) 3rd Live on earnings of a prostitute.
11 806.10(1) 3rd Maliciously injure, destroy, or
12 interfere with vehicles or
13 equipment used in firefighting.
14 806.10(2) 3rd Interferes with or assaults
15 firefighter in performance of
16 duty.
17 810.09(2)(c) 3rd Trespass on property other than
18 structure or conveyance armed
19 with firearm or dangerous weapon.
20 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
21 less than $10,000.
22 812.0145(2)(c) 3rd Theft from person 65 years of age
23 or older; $300 or more but less
24 than $10,000.
25 815.04(4)(b) 2nd Computer offense devised to
26 defraud or obtain property.
27 817.034(4)(a)3. 3rd Engages in scheme to defraud
28 (Florida Communications Fraud
29 Act), property valued at less
30 than $20,000.
31 817.233 3rd Burning to defraud insurer.
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1 817.234(8)
2 (b)-(c) 3rd Unlawful solicitation of persons
3 involved in motor vehicle
4 accidents.
5 817.234(11)(a) 3rd Insurance fraud; property value
6 less than $20,000.
7 817.236 3rd Filing a false motor vehicle
8 insurance application.
9 817.2361 3rd Creating, marketing, or
10 presenting a false or fraudulent
11 motor vehicle insurance card.
12 817.413(2) 3rd Sale of used goods as new.
13 817.505(4) 3rd Patient brokering.
14 828.12(2) 3rd Tortures any animal with intent
15 to inflict intense pain, serious
16 physical injury, or death.
17 831.28(2)(a) 3rd Counterfeiting a payment
18 instrument with intent to defraud
19 or possessing a counterfeit
20 payment instrument.
21 831.29 2nd Possession of instruments for
22 counterfeiting drivers' licenses
23 or identification cards.
24 838.021(3)(b) 3rd Threatens unlawful harm to public
25 servant.
26 843.08(2) 3rd False personation of an officer.
27 843.081 3rd Prohibited use of certain lights.
28 843.085(1) 3rd Wearing or displaying indicia of
29 authority of a law enforcement
30 agency.
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1 843.085(2) 3rd Owning or operating a motor
2 vehicle with certain markings or
3 identification.
4 843.085(3)(a) 3rd Selling, transferring, or giving
5 away certain badges.
6 843.0855(2) 3rd Impersonating a public officer or
7 other specified person in
8 connection with or relating to
9 legal process.
10 843.0855(3) 3rd Simulating legal process.
11 843.0855(4) 3rd Influencing, intimidating, or
12 hindering a public officer or law
13 enforcement officer.
14 843.19 3rd Injure, disable, or kill police
15 dog or horse.
16 860.15(3) 3rd Overcharging for repairs and
17 parts.
18 870.01(2) 3rd Riot; inciting or encouraging.
19 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
20 cannabis (or other s.
21 893.03(1)(c), (2)(c)1., (2)(c)2.,
22 (2)(c)3., (2)(c)5., (2)(c)6.,
23 (2)(c)7., (2)(c)8., (2)(c)9.,
24 (3), or (4) drugs).
25 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
26 893.03(1)(c), (2)(c)1., (2)(c)2.,
27 (2)(c)3., (2)(c)5., (2)(c)6.,
28 (2)(c)7., (2)(c)8., (2)(c)9.,
29 (3), or (4) drugs within 1,000
30 feet of university.
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1 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
2 893.03(1)(c), (2)(c)1., (2)(c)2.,
3 (2)(c)3., (2)(c)5., (2)(c)6.,
4 (2)(c)7., (2)(c)8., (2)(c)9.,
5 (3), or (4) drugs within 1,000
6 feet of public housing facility.
7 893.13(6)(a) 3rd Possession of any controlled
8 substance other than felony
9 possession of cannabis.
10 893.13(7)(a)8. 3rd Withhold information from
11 practitioner regarding previous
12 receipt of or prescription for a
13 controlled substance.
14 893.13(7)(a)9. 3rd Obtain or attempt to obtain
15 controlled substance by fraud,
16 forgery, misrepresentation, etc.
17 893.13(7)(a)10. 3rd Affix false or forged label to
18 package of controlled substance.
19 893.13(7)(a)11. 3rd Furnish false or fraudulent
20 material information on any
21 document or record required by
22 chapter 893.
23 893.13(8)(a)1. 3rd Knowingly assist a patient, other
24 person, or owner of an animal in
25 obtaining a controlled substance
26 through deceptive, untrue, or
27 fraudulent representations in or
28 related to the practitioner's
29 practice.
30
31
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1 893.13(8)(a)2. 3rd Employ a trick or scheme in the
2 practitioner's practice to assist
3 a patient, other person, or owner
4 of an animal in obtaining a
5 controlled substance.
6 893.13(8)(a)3. 3rd Knowingly write a prescription
7 for a controlled substance for a
8 fictitious person.
9 893.13(8)(a)4. 3rd Write a prescription for a
10 controlled substance for a
11 patient, other person, or an
12 animal if the sole purpose of
13 writing the prescription is a
14 monetary benefit for the
15 practitioner.
16 918.13(1)(a) 3rd Alter, destroy, or conceal
17 investigation evidence.
18 944.47
19 (1)(a)1.-2. 3rd Introduce contraband to
20 correctional facility.
21 944.47(1)(c) 2nd Possess contraband while upon the
22 grounds of a correctional
23 institution.
24 985.721 3rd Escapes from a juvenile facility
25 (secure detention or residential
26 commitment facility).
27 (e) LEVEL 5
28 316.027(1)(a) 3rd Accidents involving personal
29 injuries, failure to stop;
30 leaving scene.
31 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
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1 322.34(6) 3rd Careless operation of motor
2 vehicle with suspended license,
3 resulting in death or serious
4 bodily injury.
5 327.30(5) 3rd Vessel accidents involving
6 personal injury; leaving scene.
7 381.0041
8 (11)(b) 3rd Donate blood, plasma, or organs
9 knowing HIV positive.
10 440.10(1)(g) 2nd Failure to obtain workers'
11 compensation coverage.
12 440.105(5) 2nd Unlawful solicitation for the
13 purpose of making workers'
14 compensation claims.
15 440.381(2) 2nd Submission of false, misleading,
16 or incomplete information with
17 the purpose of avoiding or
18 reducing workers' compensation
19 premiums.
20 624.401(4)(b)2. 2nd Transacting insurance without a
21 certificate or authority; premium
22 collected $20,000 or more but
23 less than $100,000.
24 626.902(1)(c) 2nd Representing an unauthorized
25 insurer; repeat offender.
26 790.01(2) 3rd Carrying a concealed firearm.
27 790.162 2nd Threat to throw or discharge
28 destructive device.
29 790.163(1) 2nd False report of deadly explosive
30 or weapon of mass destruction.
31
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1 790.221(1) 2nd Possession of short-barreled
2 shotgun or machine gun.
3 790.23 2nd Felons in possession of firearms,
4 ammunition, or electronic weapons
5 or devices.
6 800.04(6)(c) 3rd Lewd or lascivious conduct;
7 offender less than 18 years.
8 800.04(7)(c) 2nd Lewd or lascivious exhibition;
9 offender 18 years or older.
10 806.111(1) 3rd Possess, manufacture, or dispense
11 fire bomb with intent to damage
12 any structure or property.
13 812.0145(2)(b) 2nd Theft from person 65 years of age
14 or older; $10,000 or more but
15 less than $50,000.
16 812.015(8) 3rd Retail theft; property stolen is
17 valued at $300 or more and one or
18 more specified acts.
19 812.019(1) 2nd Stolen property; dealing in or
20 trafficking in.
21 812.131(2)(b) 3rd Robbery by sudden snatching.
22 812.16(2) 3rd Owning, operating, or conducting
23 a chop shop.
24 817.034(4)(a)2. 2nd Communications fraud, value
25 $20,000 to $50,000.
26 817.234(11)(b) 2nd Insurance fraud; property value
27 $20,000 or more but less than
28 $100,000.
29
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1 817.2341(1),
2 (2)(a)&(3)(a) 3rd Filing false financial
3 statements, making false entries
4 of material fact or false
5 statements regarding property
6 values relating to the solvency
7 of an insuring entity.
8 817.568(2)(b) 2nd Fraudulent use of personal
9 identification information; value
10 of benefit, services received,
11 payment avoided, or amount of
12 injury or fraud, $5,000 or more
13 or use of personal identification
14 information of 10 or more
15 individuals.
16 817.625(2)(b) 2nd Second or subsequent fraudulent
17 use of scanning device or
18 reencoder.
19 825.1025(4) 3rd Lewd or lascivious exhibition in
20 the presence of an elderly person
21 or disabled adult.
22 827.071(4) 2nd Possess with intent to promote
23 any photographic material, motion
24 picture, etc., which includes
25 sexual conduct by a child.
26 827.071(5) 3rd Possess any photographic
27 material, motion picture, etc.,
28 which includes sexual conduct by
29 a child.
30
31
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1 839.13(2)(b) 2nd Falsifying records of an
2 individual in the care and
3 custody of a state agency
4 involving great bodily harm or
5 death.
6 843.01 3rd Resist officer with violence to
7 person; resist arrest with
8 violence.
9 843.08(3) 2nd False personation of an officer
10 during the course of the
11 commission of a felony.
12 847.0137
13 (2)&(3) 3rd Transmission of pornography by
14 electronic device or equipment.
15 847.0138
16 (2)&(3) 3rd Transmission of material harmful
17 to minors to a minor by
18 electronic device or equipment.
19 874.05(2) 2nd Encouraging or recruiting another
20 to join a criminal street gang;
21 second or subsequent offense.
22 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
23 cocaine (or other s.
24 893.03(1)(a), (1)(b), (1)(d),
25 (2)(a), (2)(b), or (2)(c)4.
26 drugs).
27
28
29
30
31
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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.
27
28
29
30
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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) 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.
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7010
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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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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.
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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.
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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
29
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31
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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.
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7010
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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
30
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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.
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7010
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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.
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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
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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
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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
10 *****************************************
11 SENATE SUMMARY
12 Revises various provisions of law involving crimes that
facilitate the false personation of a law enforcement
13 officer or other official. Increases the penalties for
unlawfully displaying blue lights. Provides that the
14 offender's intent to mislead another person is an element
of the offense of unlawfully using a police badge or
15 other indicia of authority. Ranks various offenses within
the offense severity ranking chart of the Criminal
16 Punishment Code. (See bill for details.)
17
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