_h5501er

HB 5501

A bill to be entitled

An act relating to the Department of Highway Safety and

Motor Vehicles; amending s. 316.008, F.S.; authorizing a

county or municipality to use traffic infraction detectors

to enforce specified provisions when a driver fails to

stop at a traffic control device; providing that a county

or municipality may install such detectors or authorize

installation of such detectors by contract or interlocal

agreement; restricting such installation and use by a

county to unincorporated areas of the county and

installation and use by a municipality to the incorporated

area of the municipality; providing for such installation

and use on state roads under the jurisdiction of the

Department of Transportation; providing for contingent

effect; amending s. 316.066, F.S.; revising provisions for

motor vehicle crash reports; providing for short-form

crash reports to be completed under certain circumstances

and maintained by the local law enforcement agency;

authorizing law enforcement agencies to request

supplemental reports from drivers and written reports from

witnesses under certain circumstances; amending s. 322.02,

F.S.; revising legislative intent relating to delivery of

driver's license services by tax collectors; providing

that it is the intent of the Legislature to transition all

driver license issuance services from the Department of

Highway Safety and Motor Vehicles to tax collectors;

conforming a cross-reference; amending s. 322.135, F.S.;

requiring the department to authorize any or all of the

tax collectors in the several counties of the state to

serve as its agent for the provision of specified driver's

license services; removing an exemption from a fee charged

by such agents; directing the department, in conjunction

with the Florida Tax Collectors Association and the

Florida Association of Counties, to develop a plan to

transition all driver's license issuance services to

county tax collectors; requiring the plan to be submitted

to the Legislature; removing procedures for approval of

tax collectors as agents upon application by the tax

collector; amending s. 322.20, F.S.; providing for county

clerks of court and tax collectors to provide 3-year, 7-

year, or complete driver records to any person upon

collection of specified fees; requiring certain fees

collected to be remitted to the department within a

certain time period; amending ss. 322.2615, 324.051,

921.0022, F.S.; conforming cross-references; providing an

effective date.

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

Section 1. If House Bill 325 or Senate Bill 2166, 2010

Regular Session, is adopted in the same legislative session or

an extension thereof and becomes law, subsection (7) is added to

section 316.008, Florida Statutes, to read:

316.008 Powers of local authorities.-

(7)(a) A county or municipality may use traffic infraction

detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a

driver fails to stop at a traffic signal on streets and highways

under its jurisdiction under s. 316.0083. Only a municipality

may install or authorize the installation of any such detectors

within the incorporated area of the municipality. Only a county

may install or authorize the installation of any such detectors

within the unincorporated area of the county.

(b) Pursuant to paragraph (a), a municipality may install

or, by contract or interlocal agreement, authorize the

installation of any such detectors only within the incorporated

area of the municipality, and a county may install or, by

contract or interlocal agreement, authorize the installation of

any such detectors only within the unincorporated area of the

county. A county may authorize installation of any such

detectors by interlocal agreement on roads under its

jurisdiction.

use traffic infraction detectors to enforce a s. 316.074(1) or

s. 316.075(1)(c)1. when a driver fails to stop at a traffic

signal on state roads under the original jurisdiction of the

Department of Transportation when permitted by the Department of

Transportation.

Section 2. Section 316.066, Florida Statutes, is amended

to read:

316.066 Written reports of crashes.-

~~(1) The driver of a vehicle which is in any manner~~

~~involved in a crash resulting in bodily injury to or death of~~

~~any person or damage to any vehicle or other property in an~~

~~apparent amount of at least $500 shall, within 10 days after the~~

~~crash, forward a written report of such crash to the department~~

~~or traffic records center. However, when the investigating~~

~~officer has made a written report of the crash pursuant to~~

~~subsection (3), no written report need be forwarded to the~~

~~department or traffic records center by the driver.~~

~~(2) The receiving entity may require any driver of a~~

~~vehicle involved in a crash of which a written report must be~~

~~made as provided in this section to file supplemental written~~

~~reports whenever the original report is insufficient in the~~

~~opinion of the department and may require witnesses of crashes~~

~~to render reports to the department.~~

(1)~~(3)~~(a) A Florida Traffic Crash Report, Long Form is

required to be completed and submitted to the department within

10 days after completing an investigation by every law

enforcement officer who in the regular course of duty

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investigates a motor vehicle crash:

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1. That ~~Which crash~~ resulted in death or personal injury

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~~shall, within 10 days after completing the investigation,~~

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~~forward a written report of the crash to the department or~~

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~~traffic records center~~.

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2. That ~~Which crash~~ involved a violation of s. 316.061(1)

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or s. 316.193 ~~shall, within 10 days after completing the~~

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~~investigation, forward a written report of the crash to the~~

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~~department or traffic records center~~.

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3. In which ~~crash~~ a vehicle was rendered inoperative to a

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degree that ~~which~~ required a wrecker to remove it from traffic

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~~may, within 10 days after completing the investigation, forward~~

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~~a written report of the crash to the department or traffic~~

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~~records center~~ if such action is appropriate, in the officer's

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discretion.

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(b) In every crash for ~~case in~~ which a Florida Traffic

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Crash Report, Long Form is not required by this section ~~and a~~

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~~written report to a law enforcement officer is not prepared~~, the

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law enforcement officer may complete a short-form crash report

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or provide a short-form crash report to be completed by ~~shall~~

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~~provide~~ each party involved in the crash ~~a short-form report,~~

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~~prescribed by the state, to be completed by the party~~. The

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short-form report must include:

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1. The date, time, and location of the crash.;

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2. A description of the vehicles involved.;

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3. The names and addresses of the parties involved.;

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4. The names and addresses of witnesses.;

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5. The name, badge number, and law enforcement agency of

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the officer investigating the crash.~~; and~~

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6. The names of the insurance companies for the respective

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parties involved in the crash.

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enforcement officer with proof of insurance to be included in

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the crash report. If a law enforcement officer submits a report

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on the accident, proof of insurance must be provided to the

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officer by each party involved in the crash. Any party who fails

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to provide the required information commits a noncriminal

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traffic ~~is guilty of an~~ infraction, punishable as ~~for~~ a

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nonmoving violation~~, punishable~~ as provided in chapter 318,

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unless the officer determines that due to injuries or other

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special circumstances such insurance information cannot be

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provided immediately. If the person provides the law enforcement

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agency, within 24 hours after the crash, proof of insurance that

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was valid at the time of the crash, the law enforcement agency

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may void the citation.

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(d) The driver of a vehicle that was in any manner

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involved in a crash resulting in damage to any vehicle or other

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property in an amount of $500 or more, which crash was not

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investigated by a law enforcement agency, shall, within 10 days

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after the crash, submit a written report of the crash to the

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department or traffic records center. The entity receiving the

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report may require witnesses of crashes to render reports and

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may require any driver of a vehicle involved in a crash of which

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a written report must be made as provided in this section to

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file supplemental written reports whenever the original report

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is deemed insufficient by the receiving entity.

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(e) Short-form crash reports prepared by law enforcement

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shall be maintained by the law enforcement officer's agency.

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(2)~~(4)~~(a) One or more counties may enter into an agreement

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with the appropriate state agency to be certified by the agency

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to have a traffic records center for the purpose of tabulating

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and analyzing countywide traffic crash reports. The agreement

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must include: certification by the agency that the center has

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adequate auditing and monitoring mechanisms in place to ensure

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the quality and accuracy of the data; the time period in which

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the traffic records center must report crash data to the agency;

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and the medium in which the traffic records must be submitted to

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the agency.

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(b) In the case of a county or multicounty area that has a

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certified central traffic records center, a law enforcement

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agency or driver must submit to the center within the time limit

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prescribed in this section a written report of the crash. A

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driver who is required to file a crash report must be notified

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of the proper place to submit the completed report.

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certified traffic records center shall be charged and collected

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as follows:

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For a crash report $10 per copy.

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For a homicide report $25 per copy.

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For a uniform traffic citation $0.50 per copy.

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The fees collected for copies of the public records provided by

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a certified traffic records center shall be used to fund the

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center or otherwise as designated by the county or counties

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participating in the center.

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(3)~~(5)~~(a) Crash reports that reveal the identity, home or

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employment telephone number or home or employment address of, or

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other personal information concerning the parties involved in

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the crash and that are held by any agency that regularly

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receives or prepares information from or concerning the parties

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to motor vehicle crashes are confidential and exempt from s.

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119.07(1) and s. 24(a), Art. I of the State Constitution for a

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period of 60 days after the date the report is filed.

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(b) Crash reports held by an agency under paragraph (a)

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may be made immediately available to the parties involved in the

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crash, their legal representatives, their licensed insurance

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agents, their insurers or insurers to which they have applied

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for coverage, persons under contract with such insurers to

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provide claims or underwriting information, prosecutorial

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authorities, victim services programs, radio and television

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stations licensed by the Federal Communications Commission,

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newspapers qualified to publish legal notices under ss. 50.011

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and 50.031, and free newspapers of general circulation,

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published once a week or more often, available and of interest

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to the public generally for the dissemination of news. For the

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purposes of this section, the following products or publications

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are not newspapers as referred to in this section: those

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intended primarily for members of a particular profession or

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occupational group; those with the primary purpose of

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distributing advertising; and those with the primary purpose of

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publishing names and other personal identifying information

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concerning parties to motor vehicle crashes.

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to have access to crash reports by any provision of law shall be

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granted such access in the furtherance of the agency's statutory

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duties.

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(d) As a condition precedent to accessing a crash report

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within 60 days after the date the report is filed, a person must

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present a valid driver's license or other photographic

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identification, proof of status, or identification that

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demonstrates his or her qualifications to access that

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information, and file a written sworn statement with the state

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or local agency in possession of the information stating that

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information from a crash report made confidential and exempt by

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this section will not be used for any commercial solicitation of

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accident victims, or knowingly disclosed to any third party for

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the purpose of such solicitation, during the period of time that

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the information remains confidential and exempt. In lieu of

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requiring the written sworn statement, an agency may provide

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crash reports by electronic means to third-party vendors under

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contract with one or more insurers, but only when such contract

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states that information from a crash report made confidential

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and exempt by this section will not be used for any commercial

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solicitation of accident victims by the vendors, or knowingly

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disclosed by the vendors to any third party for the purpose of

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such solicitation, during the period of time that the

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information remains confidential and exempt, and only when a

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copy of such contract is furnished to the agency as proof of the

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vendor's claimed status.

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(e) This subsection does not prevent the dissemination or

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publication of news to the general public by any legitimate

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media entitled to access confidential and exempt information

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pursuant to this section.

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(4)~~(6)~~(a) Any driver failing to file the written report

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required under subsection (1) or subsection (2) commits a

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noncriminal traffic infraction, punishable as a nonmoving

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violation as provided in chapter 318.

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(b) Any employee of a state or local agency in possession

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of information made confidential and exempt by this section who

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knowingly discloses such confidential and exempt information to

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a person not entitled to access such information under this

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section is guilty of a felony of the third degree, punishable as

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

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obtain information made confidential and exempt by this section,

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who obtains or attempts to obtain such information commits is

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~~guilty of~~ a felony of the third degree, punishable as provided

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

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(d) Any person who knowingly uses confidential and exempt

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information in violation of a filed written sworn statement or

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contractual agreement required by this section commits a felony

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of the third degree, punishable as provided in s. 775.082, s.

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775.083, or s. 775.084.

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(5)~~(7)~~ Except as specified in this subsection, each crash

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report made by a person involved in a crash and any statement

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made by such person to a law enforcement officer for the purpose

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of completing a crash report required by this section shall be

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without prejudice to the individual so reporting. No such report

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or statement shall be used as evidence in any trial, civil or

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criminal. However, subject to the applicable rules of evidence,

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a law enforcement officer at a criminal trial may testify as to

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any statement made to the officer by the person involved in the

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crash if that person's privilege against self-incrimination is

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not violated. The results of breath, urine, and blood tests

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administered as provided in s. 316.1932 or s. 316.1933 are not

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confidential and shall be admissible into evidence in accordance

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with the provisions of s. 316.1934(2). Crash reports made by

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persons involved in crashes shall not be used for commercial

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solicitation purposes; however, the use of a crash report for

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purposes of publication in a newspaper or other news periodical

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or a radio or television broadcast shall not be construed as

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"commercial purpose."

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(6)~~(8)~~ A law enforcement officer, as defined in s.

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943.10(1), may enforce this section.

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Section 3. Subsections (1) and (5) of section 322.02,

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Florida Statutes, are amended to read:

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322.02 Legislative intent; administration.-

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(1) The Legislature finds that over the past several years

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the department and individual county tax collectors have entered

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into contracts for the delivery of full and limited driver

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license services where such contractual relationships best

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served the public interest through state administration and

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enforcement and local government implementation. It is the

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intent of the Legislature that the complete transition of all

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driver license issuance services to tax collectors who are

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constitutional officers under s. 1(d), Art. VIII of the State

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Constitution be completed no later than June 30, 2015. The

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transition of services to appointed charter county tax

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collectors may occur on a limited basis as directed by the

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department ~~future interests and processes for developing and~~

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~~expanding the department's relationship with tax collectors~~

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~~through contractual relationships for the delivery of driver~~

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~~license services be achieved through the provisions of this~~

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~~chapter, thereby serving best the public interest considering~~

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~~accountability, cost-effectiveness, efficiency, responsiveness,~~

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~~and high-quality service to the drivers in Florida~~.

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(5) The tax collector in and for his or her county may be

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designated the exclusive agent of the department to implement

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and administer the provisions of this chapter as provided by s.

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322.135~~(5)~~.

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Section 4. Section 322.135, Florida Statutes, is amended

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to read:

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322.135 Driver's license agents.-

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(1) The department shall ~~may~~, upon application, authorize

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any or all of the tax collectors in the several counties of the

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state, subject to the requirements of law, in accordance with

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rules of the department, to serve as its agent for the provision

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of specified driver's license services.

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(a) These services shall be limited to the issuance of

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driver's licenses and identification cards as authorized by this

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chapter.

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(b) Each tax collector who is authorized by the department

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to provide driver's license services shall bear all costs

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associated with providing those services.

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to the fees set forth in this chapter, for providing all

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services pursuant to this chapter. The service fee may not be

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charged:

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1. More than once per customer during a single visit to a

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tax collector's office.

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2. For a reexamination requested by the Medical Advisory

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Board or required pursuant to s. 322.221.

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3. For a voter registration transaction.

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~~4. For changes in an organ donation registration.~~

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4.5. In violation of any federal or state law.

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(2) Each tax collector is required to give a good and

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sufficient surety bond, payable to the department, conditioned

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upon his or her faithfully and truly performing the duties

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imposed upon him or her according to the requirements of law and

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the rules of the department and upon his or her accounting for

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all materials, records, and other property and money that come

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into his or her possession or control by reason of performing

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these duties.

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(a) The amount of the bond must be determined by the

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department as an amount not less than 10 percent above the

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average of the daily deposits of each tax collector.

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(b) If a tax collector is also an agent of the department

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for purposes of s. 320.03, the amount of the bond must be at

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least 10 percent above the average of the total daily deposits

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of all funds received by the tax collector on behalf of the

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department.

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bond is required in order for a tax collector to serve as an

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agent of the department under chapters 320 and 322.

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(3) Each tax collector shall keep a full and complete

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record of all materials, records, and other properties received

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by him or her from the department, or from any other source, and

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shall make prompt remittance of moneys collected by him or her

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at such times and in such manner as prescribed by law, in

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accordance with departmental rules.

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(4) A tax collector may not issue or renew a driver's

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license if he or she has any reason to believe that the licensee

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or prospective licensee is physically or mentally unqualified to

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operate a motor vehicle. The tax collector may direct any such

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licensee to the department for examination or reexamination

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under s. 322.221.

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(5) The department, in conjunction with the Florida Tax

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Collectors Association and the Florida Association of Counties,

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shall develop a plan to transition all driver's license issuance

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services to the county tax collectors who are constitutional

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officers under s. 1(d), Art. VIII of the State Constitution. The

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transition plan must be submitted to the President of the Senate

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and the Speaker of the House of Representatives on or before

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February 1, 2011. The transition plan must include a timeline to

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complete the full transition of all driver's license issuance

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services no later than June 30, 2015, and may include, but is

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not limited to, recommendations on the use of regional service

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centers, interlocal agreements, and equipment. ~~The county tax~~

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~~collector at his or her option may apply to the department for~~

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~~approval by the executive director to be the exclusive agent of~~

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~~the department for his or her county to administer driver~~

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~~license services as provided and authorized in this chapter.~~

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~~(a) The application by the county tax collector shall be~~

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~~in writing to the executive director of the department. The~~

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~~application must be submitted by September 1 to be effective for~~

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~~the state's subsequent fiscal year beginning July 1.~~

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~~(b) The department shall provide a form for such~~

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~~application, which shall include the following information:~~

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~~1. Locations within the county where offices and branch~~

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~~offices for driver license services are proposed.~~

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~~2. The designation by the tax collector of the driver~~

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~~license functions to be performed by the tax collector in the~~

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~~county.~~

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~~3. Any anticipated capital acquisition or construction~~

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~~costs.~~

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~~4. A projection of equipment available or to be provided~~

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~~by the department.~~

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~~5. All anticipated operating costs, including facilities,~~

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~~equipment, and personnel to administer driver license services.~~

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~~(c) The department shall review applications on or before~~

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~~September 1 of each year. The department shall compare the costs~~

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~~included in the information submitted in the application with~~

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~~the related costs incurred by the department to accomplish the~~

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~~same level of services. The department shall approve or deny an~~

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~~application within 60 calendar days after the application is~~

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~~received unless the department and the applicant agree mutually~~

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~~to a specific alternative date.~~

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~~(d) The department may provide technical assistance to an~~

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~~applicant upon request.~~

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~~(6) Administration of driver license services by a county~~

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~~tax collector as the exclusive agent of the department must be~~

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~~revenue neutral with no adverse state fiscal impact and with no~~

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~~adverse unfunded mandate to the tax collector.~~

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~~(7) Upon approval by the department for a tax collector to~~

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~~provide exclusive driver license services in a county, the~~

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~~department and the applicable tax collector shall develop a~~

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~~transition plan for the orderly transfer of service~~

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~~responsibilities to the tax collector. This plan shall include,~~

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~~but is not limited to:~~

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~~(a) The specifics of any possible use of any state-owned~~

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~~or leased facilities giving consideration to lease expiration~~

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~~date, cancellation provisions, and possibilities for sublease of~~

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~~such facilities.~~

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~~(b) Consideration of staffing needs of the tax collector,~~

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~~either the assumption by the collector or departmental~~

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~~relocation of employees adversely affected.~~

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~~(c) The execution of a standard agreement between the~~

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~~department and the tax collector for providing driver license~~

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~~services.~~

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~~(8) The county tax collector, as the exclusive agent of~~

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~~the Department of Highway Safety and Motor Vehicles, shall be~~

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~~paid fees for driver license services.~~

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(6)~~(9)~~ Notwithstanding chapter 116, each county officer

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within this state who is authorized to collect funds provided

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for in this chapter shall pay all sums officially received by

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the officer into the State Treasury no later than 5 working days

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after the close of the business day in which the officer

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received the funds. Payment by county officers to the state

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shall be made by means of electronic funds transfers.

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Section 5. Subsection (11) of section 322.20, Florida

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Statutes, is amended to read:

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322.20 Records of the department; fees; destruction of

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records.-

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(11)(a) The department may charge the following fees for

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the following services and documents:

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1. For providing a transcript of any one individual's

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driver history record or any portion thereof for the past 3

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years ~~or for searching for such record when no record is found~~

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~~on file~~ $8

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2. For providing a transcript of any one individual's

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driver history record or any portion thereof for the past 7

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years ~~or for searching for such record when no record is found~~

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~~on file~~ $10

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3. For providing a certified copy of a transcript of the

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driver history record or any portion thereof for any one

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individual $10

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4. For providing a certified photographic copy of a

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document, per page $1

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5. For providing an exemplified record $15

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6. For providing photocopies of documents, papers,

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letters, clearances, or license or insurance status reports, per

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page $0.50

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7. For assisting persons in searching any one individual's

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driver record at a terminal located at the department's general

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headquarters in Tallahassee $2

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8. For searching for any one individual's driver history

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record when no record is found on file $2

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9. For electronically searching for any one individual's

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driver history record to determine if the record meets requested

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criteria $0.01

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(b) The department shall furnish such information without

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charge to any local, state, or federal law enforcement agency or

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court upon proof satisfactory to the department as to the

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purpose of the investigation.

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under s. 322.135, may provide 3-year, 7-year, or complete driver

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records to any person requesting such records upon payment of

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the appropriate fees. In addition to the fees authorized under

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paragraph (a), clerks of court and tax collectors may assess the

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fee listed in s. 322.135(1)(c) for this service. The applicable

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record fees listed in paragraph (a) must be remitted to the

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department no later than 5 days after payment is received,

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unless a shorter remittance period is required by law.

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Section 6. Subsection (2) of section 322.2615, Florida

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Statutes, is amended to read:

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322.2615 Suspension of license; right to review.-

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(2) Except as provided in paragraph (1)(a), the law

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enforcement officer shall forward to the department, within 5

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days after issuing the notice of suspension, the driver's

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license; an affidavit stating the officer's grounds for belief

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that the person was driving or in actual physical control of a

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motor vehicle while under the influence of alcoholic beverages

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or chemical or controlled substances; the results of any breath

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or blood test or an affidavit stating that a breath, blood, or

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urine test was requested by a law enforcement officer or

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correctional officer and that the person refused to submit; the

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officer's description of the person's field sobriety test, if

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any; the notice of suspension; and a copy of the crash report,

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if any. The failure of the officer to submit materials within

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the 5-day period specified in this subsection and in subsection

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(1) does not affect the department's ability to consider any

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evidence submitted at or prior to the hearing. The officer may

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also submit a copy of a videotape of the field sobriety test or

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the attempt to administer such test. Materials submitted to the

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department by a law enforcement agency or correctional agency

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shall be considered self-authenticating and shall be in the

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record for consideration by the hearing officer. Notwithstanding

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s. 316.066(5)~~(7)~~, the crash report shall be considered by the

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hearing officer.

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Section 7. Paragraph (a) of subsection (1) of section

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324.051, Florida Statutes, is amended to read:

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324.051 Reports of crashes; suspensions of licenses and

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registrations.-

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(1)(a) Every law enforcement officer who, in the regular

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course of duty either at the time of and at the scene of the

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crash or thereafter by interviewing participants or witnesses,

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investigates a motor vehicle crash which he or she is required

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to report pursuant to s. 316.066(1)~~(3)~~ shall forward a written

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report of the crash to the department within 10 days of

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completing the investigation. However, when the investigation of

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a crash will take more than 10 days to complete, a preliminary

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copy of the crash report shall be forwarded to the department

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within 10 days after of the occurrence of the crash, to be

524

followed by a final report within 10 days after completion of

525

the investigation. The report shall be on a form and contain

526

information consistent with the requirements of s. 316.068.

527

Section 8. Paragraph (c) of subsection (3) of section

528

921.0022, Florida Statutes, is amended to read:

529

921.0022 Criminal Punishment Code; offense severity

530

ranking chart.-

531

(3) OFFENSE SEVERITY RANKING CHART

532

533

FloridaStatute

FelonyDegree

Description

534

119.10(2)(b)

3rd

Unlawful use of confidential information from police reports.

535

316.066(4)~~(6)~~(b)-(d)

316.066(4)(6)(b)-(d)

316.066(4)~~(6)~~(b)-(d)

3rd

Unlawfully obtaining or using confidential crash reports.

536

316.193(2)(b)

3rd

Felony DUI, 3rd conviction.

537

316.1935(2)

3rd

Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.

538

319.30(4)

3rd

Possession by junkyard of motor vehicle with identification number plate removed.

539

319.33(1)(a)

3rd

Alter or forge any certificate of title to a motor vehicle or mobile home.

540

319.33(1)(c)

3rd

Procure or pass title on stolen vehicle.

541

319.33(4)

3rd

With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

542

327.35(2)(b)

3rd

Felony BUI.

543

328.05(2)

3rd

Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.

544

328.07(4)

3rd

Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.

545

376.302(5)

3rd

Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

546

379.2431(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.

547

379.2431(1)(e)6.

3rd

Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

548

400.9935(4)

3rd

Operating a clinic without a license or filing false license application or other required information.

549

440.1051(3)

3rd

False report of workers' compensation fraud or retaliation for making such a report.

550

501.001(2)(b)

2nd

Tampers with a consumer product or the container using materially false/misleading information.

551

624.401(4)(a)

3rd

Transacting insurance without a certificate of authority.

552

624.401(4)(b)1.

3rd

Transacting insurance without a certificate of authority; premium collected less than $20,000.

553

626.902(1)(a) & (b)

3rd

Representing an unauthorized insurer.

554

697.08

3rd

Equity skimming.

555

790.15(3)

3rd

Person directs another to discharge firearm from a vehicle.

556

796.05(1)

3rd

Live on earnings of a prostitute.

557

806.10(1)

3rd

Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

558

806.10(2)

3rd

Interferes with or assaults firefighter in performance of duty.

559

810.09(2)(c)

3rd

Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.

560

812.014(2)(c)2.

3rd

Grand theft; $5,000 or more but less than $10,000.

561

812.0145(2)(c)

3rd

Theft from person 65 years of age or older; $300 or more but less than $10,000.

562

815.04(4)(b)

2nd

Computer offense devised to defraud or obtain property.

563

817.034(4)(a)3.

3rd

Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.

564

817.233

3rd

Burning to defraud insurer.

565

817.234(8)(b)-(c)

3rd

Unlawful solicitation of persons involved in motor vehicle accidents.

566

817.234(11)(a)

3rd

Insurance fraud; property value less than $20,000.

567

817.236

3rd

Filing a false motor vehicle insurance application.

568

817.2361

3rd

Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.

569

817.413(2)

3rd

Sale of used goods as new.

570

817.505(4)

3rd

Patient brokering.

571

828.12(2)

3rd

Tortures any animal with intent to inflict intense pain, serious physical injury, or death.

572

831.28(2)(a)

3rd

Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.

573

831.29

2nd

Possession of instruments for counterfeiting drivers' licenses or identification cards.

574

838.021(3)(b)

3rd

Threatens unlawful harm to public servant.

575

843.19

3rd

Injure, disable, or kill police dog or horse.

576

860.15(3)

3rd

Overcharging for repairs and parts.

577

870.01(2)

3rd

Riot; inciting or encouraging.

578

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).

579

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.

580

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.

581

893.13(6)(a)

3rd

Possession of any controlled substance other than felony possession of cannabis.

582

893.13(7)(a)8.

3rd

Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.

583

893.13(7)(a)9.

3rd

Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.

584

893.13(7)(a)10.

3rd

Affix false or forged label to package of controlled substance.

585

893.13(7)(a)11.

3rd

Furnish false or fraudulent material information on any document or record required by chapter 893.

586

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.

587

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.

588

893.13(8)(a)3.

3rd

Knowingly write a prescription for a controlled substance for a fictitious person.

589

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.

590

918.13(1)(a)

3rd

Alter, destroy, or conceal investigation evidence.

591

944.47(1)(a)1.-2.

3rd

Introduce contraband to correctional facility.

592

944.47(1)(c)

2nd

Possess contraband while upon the grounds of a correctional institution.

593

985.721

3rd

Escapes from a juvenile facility (secure detention or residential commitment facility).

594

595

Section 9. This act shall take effect July 1, 2010.

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