Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. PCS (411272) for CS for CS for SB 364
Ì115286;Î115286
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/24/2014 .
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The Committee on Appropriations (Hays) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 299 and 300
4 insert:
5 Section 6. Paragraphs (a) and (c) of subsection (3) of
6 section 921.0022, Florida Statutes, are amended to read:
7 921.0022 Criminal Punishment Code; offense severity ranking
8 chart.—
9 (3) OFFENSE SEVERITY RANKING CHART
10 (a) LEVEL 1
11
12
13 FloridaStatute FelonyDegree Description
14 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
15 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
16 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
17 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
18 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
19 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
20 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
21 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver’s license; possession of simulated identification.
22 322.212(4) 3rd Supply or aid in supplying unauthorized driver’s license or identification card.
23 322.212(5)(a) 3rd False application for driver’s license or identification card.
24 414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
25 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
26 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
27 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
28 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
29 562.27(1) 3rd Possess still or still apparatus.
30 713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
31 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
32 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
33 815.04(5)(a) 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
34 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
35 817.569(2) 3rd Use of public record or public records information to facilitate commission of a felony.
36 826.01 3rd Bigamy.
37 828.122(3) 3rd Fighting or baiting animals.
38 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
39 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
40 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
41 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
42 838.15(2) 3rd Commercial bribe receiving.
43 838.16 3rd Commercial bribery.
44 843.18 3rd Fleeing by boat to elude a law enforcement officer.
45 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
46 849.01 3rd Keeping gambling house.
47 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
48 849.23 3rd Gambling-related machines; “common offender” as to property rights.
49 849.25(2) 3rd Engaging in bookmaking.
50 860.08 3rd Interfere with a railroad signal.
51 860.13(1)(a) 3rd Operate aircraft while under the influence.
52 893.13(2)(a)2. 3rd Purchase of cannabis.
53 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
54 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
55
56 (c) LEVEL 3
57
58
59 FloridaStatute FelonyDegree Description
60 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
61 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
62 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
63 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
64 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
65 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
66 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
67 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
68 327.35(2)(b) 3rd Felony BUI.
69 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
70 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
71 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
72 379.2431 (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.
73 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
74 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
75 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
76 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
77 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
78 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
79 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
80 697.08 3rd Equity skimming.
81 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
82 796.05(1) 3rd Live on earnings of a prostitute.
83 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
84 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
85 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
86 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
87 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
88 815.04(5)(b) 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
89 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
90 817.233 3rd Burning to defraud insurer.
91 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
92 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
93 817.236 3rd Filing a false motor vehicle insurance application.
94 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
95 817.413(2) 3rd Sale of used goods as new.
96 817.505(4) 3rd Patient brokering.
97 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
98 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
99 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards.
100 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
101 843.19 3rd Injure, disable, or kill police dog or horse.
102 860.15(3) 3rd Overcharging for repairs and parts.
103 870.01(2) 3rd Riot; inciting or encouraging.
104 893.13(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).
105 893.13(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.
106 893.13(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.
107 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
108 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
109 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
110 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
111 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
112 893.13(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.
113 893.13(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.
114 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
115 893.13(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.
116 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
117 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
118 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
119 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
120
121 ================= T I T L E A M E N D M E N T ================
122 And the title is amended as follows:
123 Delete line 33
124 and insert:
125 utility; providing criminal penalties; amending s.
126 921.0022, F.S.; conforming provisions of the offense
127 severity ranking chart to changes made by the act;
128 providing an