Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 112
       
       
       
       
       
       
                                Barcode 943938                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/07/2013           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       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.