Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 1548
Barcode 587632
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/15/2009 .
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The Committee on Criminal and Civil Justice Appropriations
(Joyner) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete line 242
4 and insert:
5 Section 3. Paragraphs (b) and (e) of subsection (3) of
6 section 921.0022, Florida Statutes, are amended to read:
7 921.0022 Criminal Punishment Code; offense severity ranking
8 chart.—
9 (3) OFFENSE SEVERITY RANKING CHART
10 (b) LEVEL 2
11 FloridaStatute FelonyDegree Description
12 379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
13 379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
14 403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
15 517.07 3rd Registration of securities and furnishing of prospectus required.
16 590.28(1) 3rd Willful, malicious, or intentional burning.
17 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
18 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
19 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
20 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
21 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
22 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $600 $300 or more but less than $5,000.
23 812.014(2)(d) 3rd Grand theft, 3rd degree; $300 $100 or more but less than $600 $300, taken from unenclosed curtilage of dwelling.
24 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
25 817.234(1)(a)2. 3rd False statement in support of insurance claim.
26 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
27 817.52(3) 3rd Failure to redeliver hired vehicle.
28 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
29 817.60(5) 3rd Dealing in credit cards of another.
30 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
31 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
32 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
33 831.01 3rd Forgery.
34 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
35 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
36 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
37 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
38 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
39 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
40 843.08 3rd Falsely impersonating an officer.
41 893.13(2)(a)2. 3rd Purchase of any 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 other than cannabis.
42 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
43
44 (e) LEVEL 5
45 FloridaStatute FelonyDegree Description
46 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
47 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
48 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
49 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
50 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
51 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
52 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
53 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
54 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
55 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
56 790.01(2) 3rd Carrying a concealed firearm.
57 790.162 2nd Threat to throw or discharge destructive device.
58 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
59 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
60 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
61 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
62 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
63 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
64 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
65 812.015(8) 3rd Retail theft; property stolen is valued at $600 $300 or more and one or more specified acts.
66 812.019(1) 2nd Stolen property; dealing in or trafficking in.
67 812.131(2)(b) 3rd Robbery by sudden snatching.
68 812.16(2) 3rd Owning, operating, or conducting a chop shop.
69 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
70 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
71 817.2341(1), (2)(a) & (3)(a)3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
72 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
73 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
74 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
75 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
76 827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
77 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
78 843.01 3rd Resist officer with violence to person; resist arrest with violence.
79 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
80 847.0137(2) & (3)3rd Transmission of pornography by electronic device or equipment.
81 847.0138(2) & (3)3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
82 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
83 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
84 893.13(1)(c)2. 2nd 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) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
85 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
86 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under 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) within 1,000 feet of property used for religious services or a specified business site.
87 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
88 893.13(4)(b) 2nd Deliver to minor 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).
89 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
90 Section 4. This act shall take effect October 1, 2009.
91
92 ================= T I T L E A M E N D M E N T ================
93 And the title is amended as follows:
94
95 Delete line 31
96 and insert:
97
98 felony offense; amending s. 921.0022, F.S.; conforming
99 provisions to changes made by the act; providing an
100 effective date.