Florida Senate - 2008 SB 782

By Senator Margolis

35-00372-08 2008782__

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A bill to be entitled

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An act relating to weapons and firearms; amending s.

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775.087, F.S.; increasing the minimum terms of

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imprisonment imposed for possessing, discharging, or

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seriously harming another with a semiautomatic firearm and

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its high-capacity detachable box magazine or with a

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machine gun; amending s. 790.065, F.S.; providing that any

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potential buyer or transferee of a firearm who willfully

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and knowingly provides false information or false or

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fraudulent identification by using the identity of a

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victim of identity theft commits a felony of the second

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degree; providing criminal penalties; authorizing the

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court to impose an additional fine against a person using

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the identity of a victim of identity theft; amending s.

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790.07, F.S.; providing that it is a felony of the first

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degree to possess a semiautomatic firearm or machine gun

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while committing or attempting to commit a felony;

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amending s. 921.0022, F.S., relating to the offense

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severity ranking chart of the Criminal Punishment Code;

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conforming a cross-reference; providing an effective date.

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

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     Section 1.  Subsection (3) of section 775.087, Florida

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Statutes, is amended to read:

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     775.087  Possession or use of weapon; aggravated battery;

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felony reclassification; minimum sentence.--

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     (3)(a)1.  Any person who is convicted of a felony or an

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attempt to commit a felony, regardless of whether the use of a

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firearm is an element of the felony, and the conviction was for:

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     a.  Murder;

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     b.  Sexual battery;

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     c.  Robbery;

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     d.  Burglary;

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     e.  Arson;

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     f.  Aggravated assault;

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     g.  Aggravated battery;

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     h.  Kidnapping;

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     i.  Escape;

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     j.  Sale, manufacture, delivery, or intent to sell,

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manufacture, or deliver any controlled substance;

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     k.  Aircraft piracy;

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     l.  Aggravated child abuse;

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     m.  Aggravated abuse of an elderly person or disabled adult;

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     n.  Unlawful throwing, placing, or discharging of a

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destructive device or bomb;

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     o.  Carjacking;

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     p.  Home-invasion robbery;

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     q.  Aggravated stalking; or

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     r.  Trafficking in cannabis, trafficking in cocaine, capital

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importation of cocaine, trafficking in illegal drugs, capital

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importation of illegal drugs, trafficking in phencyclidine,

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capital importation of phencyclidine, trafficking in

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methaqualone, capital importation of methaqualone, trafficking in

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amphetamine, capital importation of amphetamine, trafficking in

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flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB),

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trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or

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other violation of s. 893.135(1);

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and during the commission of the offense, the such person

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possessed a semiautomatic firearm and its high-capacity

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detachable box magazine or a machine gun as defined in s.

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790.001, shall be sentenced to a minimum term of imprisonment of

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20 15 years.

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     2.  Any person who is convicted of a felony or an attempt to

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commit a felony listed in subparagraph (a)1., regardless of

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whether the use of a weapon is an element of the felony, and

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during the course of the commission of the felony the such person

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discharged a semiautomatic firearm and its high-capacity box

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magazine or a "machine gun" as defined in s. 790.001 shall be

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sentenced to a minimum term of imprisonment of 25 20 years.

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     3.  Any person who is convicted of a felony or an attempt to

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commit a felony listed in subparagraph (a)1., regardless of

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whether the use of a weapon is an element of the felony, and

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during the course of the commission of the felony the such person

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discharged a semiautomatic firearm and its high-capacity box

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magazine or a "machine gun" as defined in s. 790.001 and, as the

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result of the discharge, death or great bodily harm was inflicted

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upon any person, the convicted person shall be sentenced to a

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minimum term of imprisonment of not less than 25 years and not

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more than a term of imprisonment of life in prison and is

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ineligible for parole.

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     (b)  Subparagraph (a)1., subparagraph (a)2., or subparagraph

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(a)3. does not prevent a court from imposing a longer sentence of

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incarceration as authorized by law in addition to the minimum

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mandatory sentence, or from imposing a sentence of death pursuant

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to other applicable law. Subparagraph (a)1., subparagraph (a)2.,

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or subparagraph (a)3. does not authorize a court to impose a

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lesser sentence than otherwise required by law.

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Notwithstanding s. 948.01, adjudication of guilt or imposition of

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sentence shall not be suspended, deferred, or withheld, and the

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defendant is not eligible for statutory gain-time under s.

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944.275 or any form of discretionary early release, other than

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pardon or executive clemency, or conditional medical release

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under s. 947.149, prior to serving the minimum sentence.

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     (c)  If the minimum mandatory terms of imprisonment imposed

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pursuant to this section exceed the maximum sentences authorized

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by s. 775.082, s. 775.084, or the Criminal Punishment Code under

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chapter 921, then the mandatory minimum sentence must be imposed.

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If the mandatory minimum terms of imprisonment pursuant to this

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section are less than the sentences that could be imposed as

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authorized by s. 775.082, s. 775.084, or the Criminal Punishment

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Code under chapter 921, then the sentence imposed by the court

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must include the mandatory minimum term of imprisonment as

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required in this section.

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     (d)  It is the intent of the Legislature that offenders who

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possess, carry, display, use, threaten to use, or attempt to use

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a semiautomatic firearm and its high-capacity detachable box

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magazine or a machine gun as defined in s. 790.001 be punished to

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the fullest extent of the law, and the minimum terms of

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imprisonment imposed pursuant to this subsection shall be imposed

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for each qualifying felony count for which the person is

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convicted. The court shall impose any term of imprisonment

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provided for in this subsection consecutively to any other term

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of imprisonment imposed for any other felony offense.

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     (e)  As used in this subsection, the term:

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     1.  "High-capacity detachable box magazine" means any

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detachable box magazine, for use in a semiautomatic firearm,

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which is capable of being loaded with more than 20 centerfire

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cartridges.

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     2.  "Semiautomatic firearm" means a firearm which is capable

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of firing a series of rounds by separate successive depressions

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of the trigger and which uses the energy of discharge to perform

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a portion of the operating cycle.

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     Section 2.  Subsection (12) of section 790.065, Florida

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Statutes, is amended to read:

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     790.065  Sale and delivery of firearms.--

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     (12)(a)1. Any potential buyer or transferee who willfully

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and knowingly provides false information or false or fraudulent

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identification commits a felony of the third degree, punishable

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as provided in s. 775.082 or s. 775.083.

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     2. Any potential buyer or transferee who willfully and

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knowingly provides false information or false or fraudulent

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identification by using the identity of a victim of identity

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theft commits a felony of the second degree, punishable as

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provided in s. 775.082 or by a fine of up to $25,000, or both.

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     (b)  Any licensed importer, licensed manufacturer, or

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licensed dealer who violates the provisions of subsection (1)

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commits a felony of the third degree, punishable as provided in

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s. 775.082 or s. 775.083.

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     (c)  Any employee or agency of a licensed importer, licensed

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manufacturer, or licensed dealer who violates the provisions of

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subsection (1) commits a felony of the third degree, punishable

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as provided in s. 775.082 or s. 775.083.

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     (d)  Any person who knowingly acquires a firearm through

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purchase or transfer intended for the use of a person who is

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prohibited by state or federal law from possessing or receiving a

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firearm commits a felony of the third degree, punishable as

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provided in s. 775.082 or s. 775.083.

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     Section 3.  Section 790.07, Florida Statutes, is amended to

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read:

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     790.07  Persons engaged in criminal offense, having

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weapons.--

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     (1)  Whoever, while committing or attempting to commit any

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felony or while under indictment, displays, uses, threatens, or

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attempts to use any weapon or electric weapon or device or

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carries a concealed weapon commits is guilty of a felony of the

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third degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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     (2)  Whoever, while committing or attempting to commit any

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felony, possesses, displays, uses, threatens, or attempts to use

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any firearm or carries a concealed firearm commits is guilty of a

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felony of the second degree, punishable as provided in s.

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775.082, s. 775.083, or and s. 775.084.

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     (3) Whoever, while committing or attempting to commit any

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felony, possesses, displays, uses, threatens, or attempts to use

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a semiautomatic firearm and its high-capacity detachable box

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magazine, as defined in s. 775.087(3), or a machine gun, as

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defined in s. 790.001, or carries a concealed semiautomatic

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firearm commits a felony of the first degree, punishable as

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provided in s. 775.082, s. 775.083, or s. 775.084.

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     (4)(3) The following crimes are excluded from application

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of this section:  Antitrust violations, unfair trade practices,

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restraints of trade, nonsupport of dependents, bigamy, or other

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similar offenses.

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     (5)(4) Whoever, having previously been convicted of a

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violation of subsection (1) or subsection (2) and, subsequent to

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such conviction, possesses, displays, uses, threatens, or

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attempts to use any weapon, firearm, or electric weapon or

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device, carries a concealed weapon, or carries a concealed

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firearm while committing or attempting to commit any felony or

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while under indictment commits is guilty of a felony of the first

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degree, punishable as provided in s. 775.082, s. 775.083, or s.

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775.084. Sentence may shall not be suspended or deferred under

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the provisions of this subsection.

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     Section 4.  Paragraph (g) of subsection (3) of section

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921.0022, Florida Statutes, is amended to read:

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     921.0022  Criminal Punishment Code; offense severity ranking

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chart.--

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     (3)  OFFENSE SEVERITY RANKING CHART

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     (g)  LEVEL 7

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FloridaStatuteFelonyDegreeDescription

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316.027(1)(b)1stAccident involving death, failure to stop; leaving scene.

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316.193(3)(c)2.3rdDUI resulting in serious bodily injury.

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316.1935(3)(b)1stCausing 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.

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327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.

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402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.

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409.920(2)3rdMedicaid provider fraud.

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456.065(2)3rdPracticing a health care profession without a license.

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456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.

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458.327(1)3rdPracticing medicine without a license.

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459.013(1)3rdPracticing osteopathic medicine without a license.

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460.411(1)3rdPracticing chiropractic medicine without a license.

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461.012(1)3rdPracticing podiatric medicine without a license.

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462.173rdPracticing naturopathy without a license.

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463.015(1)3rdPracticing optometry without a license.

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464.016(1)3rdPracticing nursing without a license.

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465.015(2)3rdPracticing pharmacy without a license.

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466.026(1)3rdPracticing dentistry or dental hygiene without a license.

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467.2013rdPracticing midwifery without a license.

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468.3663rdDelivering respiratory care services without a license.

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483.828(1)3rdPracticing as clinical laboratory personnel without a license.

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483.901(9)3rdPracticing medical physics without a license.

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484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.

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484.0533rdDispensing hearing aids without a license.

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494.0018(2)1stConviction 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.

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560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.

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560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.

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655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.

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775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.

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775.21(10)(b)3rdSexual predator working where children regularly congregate.

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775.21(10)(g)3rdFailure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.

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782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.

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782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).

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782.0712ndKilling of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).

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782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).

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784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.

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784.045(1)(a)2.2ndAggravated battery; using deadly weapon.

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784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.

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784.048(4)3rdAggravated stalking; violation of injunction or court order.

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784.048(7)3rdAggravated stalking; violation of court order.

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784.07(2)(d)1stAggravated battery on law enforcement officer.

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784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.

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784.08(2)(a)1stAggravated battery on a person 65 years of age or older.

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784.081(1)1stAggravated battery on specified official or employee.

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784.082(1)1stAggravated battery by detained person on visitor or other detainee.

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784.083(1)1stAggravated battery on code inspector.

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790.07(5)(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).

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790.16(1)1stDischarge of a machine gun under specified circumstances.

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790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.

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790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.

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790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.

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790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.

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794.08(4)3rdFemale genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.

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796.032ndProcuring any person under 16 years for prostitution.

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800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.

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800.04(5)(c)2.2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.

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806.01(2)2ndMaliciously damage structure by fire or explosive.

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810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.

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810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.

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810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.

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810.02(3)(e)2ndBurglary of authorized emergency vehicle.

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812.014(2)(a)1.1stProperty 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.

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812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.

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812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.

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812.014(2)(b)4.2ndProperty stolen, law enforcement equipment from authorized emergency vehicle.

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812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.

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812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.

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812.131(2)(a)2ndRobbery by sudden snatching.

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812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.

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817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.

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817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.

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817.234(11)(c)1stInsurance fraud; property value $100,000 or more.

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817.2341(2)(b)&(3)(b)1stMaking 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.

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825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.

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825.103(2)(b)2ndExploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.

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827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.

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827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.

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837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.

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838.0152ndBribery.

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838.0162ndUnlawful compensation or reward for official behavior.

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838.021(3)(a)2ndUnlawful harm to a public servant.

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838.222ndBid tampering.

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847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.

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847.0135(4)2ndTraveling to meet a minor to commit an unlawful sex act.

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872.062ndAbuse of a dead human body.

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893.13(1)(c)1.1stSell, 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.

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893.13(1)(e)1.1stSell, 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.

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893.13(4)(a)1stDeliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).

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893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.

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893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.

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893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.

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893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.

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893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.

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893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.

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893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.

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893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.

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893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.

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893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.

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896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.

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896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.

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943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.

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943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.

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943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.

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943.0435(13)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

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943.0435(14)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

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944.607(9)3rdSexual offender; failure to comply with reporting requirements.

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944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.

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944.607(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

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944.607(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

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985.4815(10)3rdSexual offender; failure to submit to the taking of a digitized photograph.

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985.4815(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

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985.4815(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

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     Section 5.  This act shall take effect July 1, 2008.

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