Florida Senate - 2008 CS for SB 782
By the Committee on Criminal Justice; and Senator Margolis
591-05292-08 2008782c1
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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 display, use, threaten, or attempt to use a
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semiautomatic firearm or machine gun while committing or
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attempting to commit a felony; amending s. 921.0022, F.S.,
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relating to the offense severity ranking chart of the
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Criminal Punishment Code; conforming a cross-reference;
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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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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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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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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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(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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(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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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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or s. 775.084.
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(2) Whoever, while committing or attempting to commit any
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felony, displays, uses, threatens, or attempts to use any firearm
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or carries a concealed firearm commits is guilty of a felony of
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the second degree, punishable as provided in s. 775.082, s.
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(3) Whoever, while committing or attempting to commit any
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felony, displays, uses, threatens, or attempts to use a
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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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(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, displays, uses, threatens, or attempts to use
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any weapon, firearm, or electric weapon or device, carries a
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concealed weapon, or carries a concealed firearm while committing
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or attempting to commit any felony or while under indictment
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commits is guilty of a felony of the first degree, punishable as
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shall not be suspended or deferred under the provisions of this
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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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| FloridaStatute | FelonyDegree | Description |
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| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
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| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
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| 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. |
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| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
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| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
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| 409.920(2) | 3rd | Medicaid provider fraud. |
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| 456.065(2) | 3rd | Practicing a health care profession without a license. |
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| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
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| 458.327(1) | 3rd | Practicing medicine without a license. |
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| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
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| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
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| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
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| 462.17 | 3rd | Practicing naturopathy without a license. |
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| 463.015(1) | 3rd | Practicing optometry without a license. |
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| 464.016(1) | 3rd | Practicing nursing without a license. |
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| 465.015(2) | 3rd | Practicing pharmacy without a license. |
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| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
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| 467.201 | 3rd | Practicing midwifery without a license. |
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| 468.366 | 3rd | Delivering respiratory care services without a license. |
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| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
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| 483.901(9) | 3rd | Practicing medical physics without a license. |
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| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
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| 484.053 | 3rd | Dispensing hearing aids without a license. |
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| 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. |
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| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
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| 560.125(5)(a) | 3rd | Money 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. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
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| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
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| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
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| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
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| 782.051(3) | 2nd | Attempted 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) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
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| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
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| 782.072 | 2nd | Killing 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. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
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| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
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| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
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| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
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| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
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| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
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| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
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| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
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| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
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| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
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| 784.083(1) | 1st | Aggravated battery on code inspector. |
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| 790.07(5)(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
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| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
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| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
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| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
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| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
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| 790.166(4) | 2nd | Possessing, 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) | 3rd | Female 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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| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
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| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
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| 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. |
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| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
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| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
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| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
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| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
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| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
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| 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. |
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| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
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| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
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| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
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| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
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| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
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| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
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| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
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| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
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| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
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| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
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| 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. |
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| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
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| 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. |
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| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
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| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
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| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
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| 838.015 | 2nd | Bribery. |
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| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
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| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
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| 838.22 | 2nd | Bid tampering. |
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| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
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| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
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| 872.06 | 2nd | Abuse of a dead human body. |
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| 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. |
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| 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. |
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| 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). |
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| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
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| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
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| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
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| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
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| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
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| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
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| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
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| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
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| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
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| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
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| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
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| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
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| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
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| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
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| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
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| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
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| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
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| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
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| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
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| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
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| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
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| 985.4815(13) | 3rd | Sexual 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.