HB 7115

1	A bill to be entitled
2	An act relating to counterfeiting a payment instrument;
3	amending s. 831.28, F.S.; increasing the penalty for the
4	offense of counterfeiting a payment instrument; amending
5	s. 921.0022, F.S.; conforming the offense severity ranking
6	chart ranking levels to the increased penalty for
7	counterfeiting a payment instrument; providing an
8	effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Paragraph (a) of subsection (2) of section
13	831.28, Florida Statutes, is amended to read:
14	831.28  Counterfeiting a payment instrument; possessing a
15	counterfeit payment instrument; penalties.--
16	(2)(a)  It is unlawful to counterfeit a payment instrument
17	with the intent to defraud a financial institution, account
18	holder, or any other person or organization or for a person to
19	have any counterfeit payment instrument in such person's
20	possession. Any person who violates this subsection commits a
21	felony of the second third degree, punishable as provided in s.
22	775.082, s. 775.083, or s. 775.084.
23	Section 2.  Paragraphs (c) and (g) of subsection (3) of
24	section 921.0022, Florida Statutes, are amended to read:
25	921.0022  Criminal Punishment Code; offense severity
26	ranking chart.--
27	(3)  OFFENSE SEVERITY RANKING CHART
28	(c)  LEVEL 3
29
	FloridaStatute FelonyDegree Description
30
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
31
	316.066(6)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
32
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
33
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
34
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
35
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
36
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
37
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
38
	327.35(2)(b) 3rd Felony BUI.
39
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
40
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
41
	370.12(1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
42
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
43
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
44
	400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
45
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
46
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
47
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
48
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
49
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
50
	697.08 3rd Equity skimming.
51
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
52
	796.05(1) 3rd Live on earnings of a prostitute.
53
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
54
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
55
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
56
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
57
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
58
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
59
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
60
	817.233 3rd Burning to defraud insurer.
61
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
62
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
63
	817.236 3rd Filing a false motor vehicle insurance application.
64
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
65
	817.413(2) 3rd Sale of used goods as new.
66
	817.505(4) 3rd Patient brokering.
67
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
68
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
69
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
70
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
71
	843.19 3rd Injure, disable, or kill police dog or horse.
72
	860.15(3) 3rd Overcharging for repairs and parts.
73
	870.01(2) 3rd Riot; inciting or encouraging.
74
	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
75
	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
76
	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
77
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
78
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
79
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
80
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
81
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
82
	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
83
	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
84
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
85
	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
86
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
87
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
88
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
89
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
90
91	(g)  LEVEL 7
92
	FloridaStatute FelonyDegree Description
93
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
94
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
95
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
96
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
97
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
98
	409.920(2) 3rd Medicaid provider fraud.
99
	456.065(2) 3rd Practicing a health care profession without a license.
100
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
101
	458.327(1) 3rd Practicing medicine without a license.
102
	459.013(1) 3rd Practicing osteopathic medicine without a license.
103
	460.411(1) 3rd Practicing chiropractic medicine without a license.
104
	461.012(1) 3rd Practicing podiatric medicine without a license.
105
	462.17 3rd Practicing naturopathy without a license.
106
	463.015(1) 3rd Practicing optometry without a license.
107
	464.016(1) 3rd Practicing nursing without a license.
108
	465.015(2) 3rd Practicing pharmacy without a license.
109
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
110
	467.201 3rd Practicing midwifery without a license.
111
	468.366 3rd Delivering respiratory care services without a license.
112
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
113
	483.901(9) 3rd Practicing medical physics without a license.
114
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
115
	484.053 3rd Dispensing hearing aids without a license.
116
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
117
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
118
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
119
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
120
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
121
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
122
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
123
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
124
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
125
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
126
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
127
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
128
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
129
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
130
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
131
	784.048(7) 3rd Aggravated stalking; violation of court order.
132
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
133
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
134
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
135
	784.081(1) 1st Aggravated battery on specified official or employee.
136
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
137
	784.083(1) 1st Aggravated battery on code inspector.
138
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
139
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
140
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
141
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
142
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
143
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
144
	794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
145
	796.03 2nd Procuring any person under 16 years for prostitution.
146
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
147
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
148
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
149
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
150
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
151
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
152
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
153
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
154
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
155
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
156
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
157
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
158
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
159
	812.131(2)(a) 2nd Robbery by sudden snatching.
160
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
161
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
162
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
163
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
164
	817.2341(2)(b)& (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
165
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
166
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
167
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
168
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
169
	831.28(2) 2nd Counterfeiting a payment instrument with intent to defraud a financial institution, account holder, or other person or organization or possessing any counterfeit payment instrument.
170
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
171
	838.015 2nd Bribery.
172
	838.016 2nd Unlawful compensation or reward for official behavior.
173
	838.021(3)(a) 2nd Unlawful harm to a public servant.
174
	838.22 2nd Bid tampering.
175
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
176
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
177
	872.06 2nd Abuse of a dead human body.
178
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
179
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
180
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
181
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
182
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
183
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
184
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
185
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
186
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
187
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
188
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
189
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
190
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
191
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
192
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
193
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
194
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
195
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
196
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
197
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
198
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
199
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
200
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
201
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
202
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
203
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
204
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
205
206	Section 3.  This act shall take effect October 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.