Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 112
Barcode 943938
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/07/2013 .
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The Committee on Judiciary (Latvala) recommended the following:
1 Senate Amendment (with title amendment)
2
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 817.535, Florida Statutes, is created to
7 read:
8 817.535 Unlawful filing of false documents or records
9 against real or personal property.—
10 (1) As used in this section, the term:
11 (a) “File” means to present an instrument for recording in
12 an official record or to cause an instrument to be presented for
13 recording in an official record.
14 (b) “Filer” means the person who presents an instrument for
15 recording in an official record, or causes an instrument to be
16 presented for recording in an official record.
17 (c) “Instrument” means any judgment, mortgage, assignment,
18 pledge, lien, financing statement, encumbrance, deed, lease,
19 bill of sale, agreement, mortgage, notice of claim of lien,
20 notice of levy, promissory note, mortgage note, release, partial
21 release or satisfaction of any of the foregoing, or any other
22 document that relates to or attempts to restrict the ownership,
23 transfer, encumbrance of or claim against real or personal
24 property, or any interest in real or personal property.
25 (d) “Official record” means the series of instruments,
26 regardless of how they are maintained, which a clerk of the
27 circuit court, or any person or entity designated by general
28 law, special law, or county charter, is required or authorized
29 by law to record. The term also includes a series of instruments
30 pertaining to the Uniform Commercial Code filed with the
31 Secretary of State or with any entity under contract with the
32 Secretary of State to maintain Uniform Commercial Code records
33 and a database of judgment liens maintained by the Secretary of
34 State.
35 (e) “Public officer or employee” means, but is not limited
36 to:
37 1. A person elected or appointed to a state or federal
38 office, including any person serving on an advisory body, board,
39 commission, committee, council, or authority;
40 2. An employee of a state, county, municipal, political
41 subdivision, school district, educational institution, or
42 special district agency or entity, including all judges,
43 attorneys, law enforcement officers, deputy clerks of court, and
44 marshals;
45 3. A state or federal executive, legislative, or judicial
46 officer, employee, or volunteer authorized to perform actions or
47 services for any executive, legislative, or judicial office,
48 agency, officer, or employee;
49 4. A person who acts as a general or special magistrate,
50 auditor, arbitrator, umpire, referee hearing officer, or
51 consultant to any state or local governmental entity; and
52 5. A person who is a candidate for public office or
53 judicial position.
54 (2)(a) A person who files or directs a filer to file, with
55 the intent to defraud or harass another, any instrument
56 containing a materially false, fictitious, or fraudulent
57 statement or representation that purports to affect the owner’s
58 interest in the property described in the instrument commits a
59 felony of the third degree, punishable as provided in s.
60 775.082, s. 775.083, or s. 775.084.
61 (b) A person who violates paragraph (a) a second or
62 subsequent time commits a felony of the second degree,
63 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
64 (3) If the owner of the property subject to the false
65 instrument is a public officer or employee, such offense shall
66 be reclassified as follows:
67 (a) In the case of a felony of the third degree, to a
68 felony of the second degree, punishable as provided in s.
69 775.082, s. 775.083, or s. 775.084.
70 (b) In the case of a felony of the second degree, to a
71 felony of the first degree, punishable as provided in s.
72 775.082, s. 775.083, or s. 775.084.
73 (4) If a person is convicted of violating subsection (2)
74 while incarcerated in a jail or correctional institution or
75 while participating in a pretrial diversion program under any
76 form of pretrial release or bond, on probation or parole, or
77 under any postrelease supervision, the offense for which the
78 person is convicted shall be reclassified as follows:
79 (a) In the case of a felony of the third degree, to a
80 felony of the second degree, punishable as provided in s.
81 775.082, s. 775.083, or s. 775.084.
82 (b) In the case of a felony of the second degree, to a
83 felony of the first degree, punishable as provided in s.
84 775.082, s. 775.083, or s. 775.084.
85
86 Any person convicted of violating this subsection while
87 incarcerated in a jail or correctional institution shall forfeit
88 all gain-time or any early release credits accumulated before
89 the date of the violation.
90 (5) If the owner of the property covered by the false
91 instrument incurs financial loss as a result of the instrument
92 being recorded in the official record, including costs and
93 attorney fees incurred in correcting, sealing, or removing the
94 false instrument from the official record as described herein,
95 such an offense shall be reclassified as follows:
96 (a) In the case of a felony of the third degree, to a
97 felony of the second degree, punishable as provided in s.
98 775.082, s. 775.083, or s. 775.084.
99 (b) In the case of a felony of the second degree, to a
100 felony of the first degree, punishable as provided in s.
101 775.082, s. 775.083, or s. 775.084.
102 (6) A person who fraudulently records a claim of lien in
103 the official records pursuant to part I of chapter 713 is
104 subject to the fraud provisions of s. 713.31 and not this
105 section.
106 (7) If a person is convicted of violating this section, the
107 court shall issue an order declaring the instrument forming the
108 basis of the conviction null and void and may enjoin the person
109 from filing any instrument in an official record absent prior
110 review and approval by a circuit or county court judge. The
111 court may also order the instrument forming the basis of the
112 conviction sealed from the official record and removed from any
113 applicable electronic database used for recording instruments in
114 the official record.
115 (8)(a) Any person adversely affected by an instrument filed
116 in the official record which contains a materially false,
117 fictitious, or fraudulent statement or representation has a
118 civil cause of action under this section without regard to
119 whether criminal charges are pursued under subsection (2). A
120 notice of lis pendens in accord with s. 48.23 shall be filed
121 which specifically describes the instrument under challenge and
122 the real or personal property affected by the instrument.
123 (b) Upon a finding that the instrument contains a
124 materially false, fictitious, or fraudulent statement or
125 representation such that the instrument does not establish a
126 legitimate property or lien interest in favor of another person,
127 the court shall enter judgment:
128 1. Determining whether the entire instrument or certain
129 parts thereof are null and void ab initio. If the court finds
130 the instrument void in its entirety, it may order the instrument
131 sealed from the official record and removed from any electronic
132 database used for indexing or locating instruments in the
133 official record.
134 2. Awarding actual damages and punitive damages upon a
135 finding of an intent to defraud or harass, awarding the person
136 adversely affected by the instrument a civil penalty of $2,500
137 for each instrument determined to be in violation of subsection
138 (2).
139 3. Enjoining the defendant who filed the instrument,
140 permanently or for a period of time, from filing any other
141 instrument in the official records without prior review and
142 approval for filing by a circuit or county court judge, provided
143 that as to third parties who may have given value for an
144 interest described or granted by any instrument filed in
145 violation of the injunction, the instrument shall be deemed
146 validly filed and provides constructive notice, notwithstanding
147 any failure to comply with the terms of the injunction.
148 4. Granting such other relief or remedy that the court
149 determines is just and proper within its sound judicial
150 discretion.
151 (c) The prevailing party in such a suit is entitled to
152 recover costs and reasonable attorney fees.
153 (d) The custodian of any official record shall, upon
154 payment of appropriate fees, provide a certified copy of the
155 sealed instrument to the party seeking relief under this section
156 for use in subsequent court proceedings, in addressing or
157 correcting adverse effects upon the person’s credit or property
158 rights, or reporting the matter for investigation and
159 prosecution; or in response to a subpoena seeking the instrument
160 for criminal investigative or prosecution purposes.
161 (e) Upon request, the custodian of any official record
162 shall, upon payment of appropriate fees, provide a certified
163 copy of the sealed instrument to any federal state or local law
164 enforcement agency.
165 (f) If feasible, the custodian of the official record where
166 the instrument is recorded shall record any court order finding
167 that the instrument is null and void in its entirety or in
168 certain parts thereof.
169 (g) An instrument removed from an electronic database used
170 for recording instruments in the public record pursuant to this
171 section shall be maintained in a manner in which the instrument
172 can be reduced to paper form.
173 (9) A government agency may provide legal representation to
174 a public officer or employee if the instrument at issue appears
175 to have been filed to defraud or harass the public officer or
176 employee on account of the performance in that officer’s or
177 employee’s official duties. If the public officer or employee is
178 the prevailing party, the award of reasonable attorney fees
179 shall be paid to the government agency that provided the legal
180 representation.
181 (10) This section does not apply to the procedures for
182 sealing or expunging criminal history records as provided in ss.
183 943.0585 and 943.059.
184 Section 2. Section 843.0855, Florida Statutes, is amended
185 to read:
186 843.0855 Criminal actions under color of law or through use
187 of simulated legal process.—
188 (1) As used in this section:
189 (a) The term “legal process” means a document or order
190 issued by a court or filed or recorded with an official court of
191 this state or the United States or with any official
192 governmental entity of this state or the United States for the
193 purpose of exercising jurisdiction or representing a claim
194 against a person or property, or for the purpose of directing a
195 person to appear before a court or tribunal, or to perform or
196 refrain from performing a specified act. “Legal process”
197 includes, but is not limited to, a summons, lien, complaint,
198 warrant, injunction, writ, notice, pleading, subpoena, or order.
199 (b) The term “person” means an individual, public or
200 private group incorporated or otherwise, legitimate or
201 illegitimate legal tribunal or entity, informal organization,
202 official or unofficial agency or body, or any group of
203 individuals associated in fact, whether a legal entity or not
204 assemblage of individuals.
205 (c) The term “public officer or employee” includes, but is
206 not limited to:
207 1. A person elected or appointed to a state or federal
208 office, including a person serving on an advisory body, board,
209 commission, committee, council, or authority;
210 2. An employee of a state, county, municipal, political
211 subdivision, school district, educational institution, or
212 special district agency or entity, including all judges,
213 attorneys, law enforcement officers, deputy clerks of court, or
214 marshals;
215 3. A state or federal executive, legislative, or judicial
216 officer, employee, or volunteer authorized to perform actions or
217 services for any executive, legislative, or judicial office,
218 agency, officer, or employee;
219 4. A person who acts as a general or special magistrate,
220 auditor, arbitrator, umpire, referee hearing officer, or
221 consultant to any state or local governmental entity; and
222 5. A person who is a candidate for public office or
223 judicial position
224 (c) The term “public officer” means a public officer as
225 defined by s. 112.061.
226 (d) The term “public employee” means a public employee as
227 defined by s. 112.061.
228 (2) A Any person who deliberately impersonates or falsely
229 acts as a public officer or employee tribunal, public employee
230 or utility employee, including, but not limited to, marshals,
231 judges, prosecutors, sheriffs, deputies, court personnel, or any
232 law enforcement authority in connection with or relating to any
233 legal process affecting persons and property, or otherwise takes
234 any action under color of law against persons or property,
235 commits a felony of the third degree, punishable as provided in
236 s. 775.082, or s. 775.083, or s. 775.084. It is the intent of
237 the Legislature that this section applies if a person acts as an
238 officer or employee purporting to supersede or override any
239 legislation or statute of this state, or to supersede or
240 override any action of any court, of this state.
241 (3) A Any person who simulates legal process, including,
242 but not limited to, actions affecting title to real estate or
243 personal property, indictments, subpoenas, warrants,
244 injunctions, liens, orders, judgments, or any legal documents or
245 proceedings, knowing or having reason to know the contents of
246 any such documents or proceedings or the basis for any action to
247 be fraudulent, commits a felony of the third degree, punishable
248 as provided in s. 775.082, or s. 775.083, or s. 775.084.
249 (4) A Any person who falsely under color of law attempts in
250 any way to influence, intimidate, harass, retaliate against, or
251 hinder a public officer or employee involving or law enforcement
252 officer in the discharge of his or her official duties by means
253 of, but not limited to, threats of or actual physical abuse or
254 harassment, or through the use of simulated legal process,
255 commits a felony of the third degree, punishable as provided in
256 s. 775.082, or s. 775.083, or s. 775.084.
257 (5)(a) Nothing in This section does not shall make unlawful
258 any act of any law enforcement officer or legal tribunal which
259 is performed under lawful authority.
260 (b) Nothing in This section does not shall prohibit
261 individuals from assembling freely to express opinions or
262 designate group affiliation or association.
263 (c) Nothing in This section does not shall prohibit or in
264 any way limit a person’s lawful and legitimate access to the
265 courts or prevent a person from instituting or responding to
266 legitimate and lawful legal process.
267 Section 3. Paragraphs (g) through (i) of subsection (3) of
268 section 921.0022, Florida Statutes, are amended to read:
269 921.0022 Criminal Punishment Code; offense severity ranking
270 chart.—
271 (3) OFFENSE SEVERITY RANKING CHART
272 (g) LEVEL 7
273 FloridaStatute FelonyDegree Description
274 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
275 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
276 316.1935(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.
277 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
278 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
279 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
280 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
281 456.065(2) 3rd Practicing a health care profession without a license.
282 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
283 458.327(1) 3rd Practicing medicine without a license.
284 459.013(1) 3rd Practicing osteopathic medicine without a license.
285 460.411(1) 3rd Practicing chiropractic medicine without a license.
286 461.012(1) 3rd Practicing podiatric medicine without a license.
287 462.17 3rd Practicing naturopathy without a license.
288 463.015(1) 3rd Practicing optometry without a license.
289 464.016(1) 3rd Practicing nursing without a license.
290 465.015(2) 3rd Practicing pharmacy without a license.
291 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
292 467.201 3rd Practicing midwifery without a license.
293 468.366 3rd Delivering respiratory care services without a license.
294 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
295 483.901(9) 3rd Practicing medical physics without a license.
296 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
297 484.053 3rd Dispensing hearing aids without a license.
298 494.0018(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.
299 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
300 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
301 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
302 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
303 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
304 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
305 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
306 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
307 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
308 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
309 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
310 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
311 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
312 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
313 784.048(7) 3rd Aggravated stalking; violation of court order.
314 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
315 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
316 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
317 784.081(1) 1st Aggravated battery on specified official or employee.
318 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
319 784.083(1) 1st Aggravated battery on code inspector.
320 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
321 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
322 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
323 790.16(1) 1st Discharge of a machine gun under specified circumstances.
324 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
325 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
326 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
327 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
328 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
329 794.08(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.
330 796.03 2nd Procuring any person under 16 years for prostitution.
331 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
332 800.04(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.
333 806.01(2) 2nd Maliciously damage structure by fire or explosive.
334 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
335 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
336 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
337 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
338 812.014(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.
339 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
340 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
341 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
342 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
343 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
344 812.131(2)(a) 2nd Robbery by sudden snatching.
345 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
346 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
347 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
348 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
349 817.2341 (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.
350 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
351 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
352 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
353 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
354 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
355 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
356 838.015 2nd Bribery.
357 838.016 2nd Unlawful compensation or reward for official behavior.
358 838.021(3)(a) 2nd Unlawful harm to a public servant.
359 838.22 2nd Bid tampering.
360 843.0855(2) 2nd Impersonation of public officer or tribunal.
361 843.0855(3) 3rd Unlawful simulation of legal process.
362 843.0855(4) 3rd Intimidation of public officer or tribunal.
363 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
364 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
365 872.06 2nd Abuse of a dead human body.
366 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
367 893.13(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.
368 893.13(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.
369 893.13(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).
370 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
371 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
372 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
373 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
374 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
375 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
376 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
377 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
378 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
379 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
380 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
381 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
382 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
383 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
384 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
385 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
386 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
387 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
388 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
389 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
390 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
391 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
392 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
393 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
394 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
395 (h) LEVEL 8
396 FloridaStatute FelonyDegree Description
397 316.193 (3)(c)3.a. 2nd DUI manslaughter.
398 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
399 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
400 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
401 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
402 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
403 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
404 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
405 777.03(2)(a) 1st Accessory after the fact, capital felony.
406 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
407 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
408 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
409 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
410 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
411 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
412 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
413 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
414 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
415 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
416 800.04(4) 2nd Lewd or lascivious battery.
417 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
418 810.02(2)(a) 1st,PBL Burglary with assault or battery.
419 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
420 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
421 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
422 812.13(2)(b) 1st Robbery with a weapon.
423 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
424 817.535(2)(b) 2nd Second or subsequent offense issuing or filing false document.
425 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner public officer or employee.
426 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
427 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
428 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
429 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
430 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
431 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
432 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
433 860.16 1st Aircraft piracy.
434 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
435 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
436 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
437 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
438 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
439 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
440 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
441 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
442 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
443 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
444 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
445 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
446 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
447 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
448 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
449 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
450 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
451 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
452 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
453 (i) LEVEL 9
454 FloridaStatute FelonyDegree Description
455 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
456 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
457 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
458 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
459 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
460 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
461 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
462 775.0844 1st Aggravated white collar crime.
463 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
464 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
465 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
466 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
467 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
468 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
469 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
470 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
471 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
472 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
473 787.06(4) 1st Selling or buying of minors into human trafficking.
474 790.161 1st Attempted capital destructive device offense.
475 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
476 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
477 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
478 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
479 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
480 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
481 796.035 1st Selling or buying of minors into prostitution.
482 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
483 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
484 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
485 812.135(2)(b) 1st Home-invasion robbery with weapon.
486 817.535(3)(b) 1st Property owner is public official or employee.
487 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
488 827.03(2)(a) 1st Aggravated child abuse.
489 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
490 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
491 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
492 893.135 1st Attempted capital trafficking offense.
493 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
494 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
495 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
496 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
497 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
498 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
499 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
500 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
501 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
502 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
503 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
504 Section 4. This act shall take effect October 1, 2013.
505 ================= T I T L E A M E N D M E N T ================
506 And the title is amended as follows:
507 Delete everything before the enacting clause
508 and insert:
509 A bill to be entitled
510 An act relating to filing false documents against real
511 or personal property; creating s. 817.535, F.S.;
512 defining terms; prohibiting a person from filing or
513 causing to be filed, with intent to defraud another, a
514 document relating to the ownership, transfer, or
515 encumbrance of or claim against real or personal
516 property, or any interest in real or personal
517 property, which the person knows contains a material
518 misstatement or misrepresentations; providing criminal
519 penalties; establishing reclassified penalties that
520 increase criminal penalties for persons who commit the
521 specified offenses a second or more times, who are
522 convicted offenders who commit unlawful acts while
523 incarcerated in a jail or participating in community
524 correctional programs, and when the victim of the
525 offense is a public officer or employee under certain
526 circumstances; authorizing the court to issue
527 injunction; authorizing a court to seal specified
528 public or private records under certain circumstances;
529 providing that the subject of the false statements has
530 a cause of action against the perpetrator; providing
531 for actual and punitive damages; providing that the
532 prevailing party is entitled to costs and reasonable
533 attorney fees; providing duties of the custodian of
534 the official record; providing applicability;
535 requiring that attorney fees be paid to the government
536 agency that provides legal representation, under
537 certain circumstances; amending s. 843.0855, F.S.;
538 revising definitions; defining the term “public
539 officer or employee”; providing criminal penalties for
540 a person who impersonates a public official or
541 employee or who, under color of law, intimidates
542 certain specified officials; amending s. 921.0022,
543 F.S.; revising provisions of the offense severity
544 ranking chart of the Criminal Punishment Code to
545 conform to changes made by the act; providing an
546 effective date.