Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. PCS (793174) for CS for SB 642
Ì883008&Î883008
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/19/2019 .
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The Committee on Appropriations (Stewart) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 5348 - 5620
4 and insert:
5 Section 86. Paragraph (b) of subsection (11) of section
6 381.0041, Florida Statutes, is amended to read:
7 381.0041 Donation and transfer of human tissue; testing
8 requirements.—
9 (11)
10 (b) Any person who has human immunodeficiency virus
11 infection, who knows he or she is infected with human
12 immunodeficiency virus, and who has been informed that he or she
13 may communicate this disease by donating blood, plasma, organs,
14 skin, or other human tissue who donates blood, plasma, organs,
15 skin, or other human tissue for use in another person, other
16 than a person who knows he or she is infected with human
17 immunodeficiency virus, is guilty of a felony of the third
18 degree, punishable as provided in s. 775.082, s. 775.083, or s.
19 775.084.
20 Section 87. Present subsection (3) of section 384.23,
21 Florida Statutes, is redesignated as subsection (4), and a new
22 subsection (3) and subsection (5) are added to that section, to
23 read:
24 384.23 Definitions.—
25 (3) “Sexual conduct” means conduct between persons,
26 regardless of gender, which is capable of transmitting a
27 sexually transmissible disease, including, but not limited to,
28 contact between a:
29 (a) Penis and a vulva or an anus; or
30 (b) Mouth and a penis, a vulva, or an anus.
31 (5) “Substantial risk of transmission” means a reasonable
32 probability of disease transmission as proven by competent
33 medical or epidemiological evidence.
34 Section 88. Section 384.24, Florida Statutes, is amended to
35 read:
36 384.24 Unlawful acts.—
37 (1) It is unlawful for any person who has chancroid,
38 gonorrhea, granuloma inguinale, lymphogranuloma venereum,
39 genital herpes simplex, chlamydia, nongonococcal urethritis
40 (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or
41 syphilis, or human immunodeficiency virus infection, when such
42 person knows he or she is infected with one or more of these
43 diseases and when such person has been informed that he or she
44 may communicate this disease to another person through sexual
45 conduct intercourse, to act with the intent to transmit the
46 disease, to engage in have sexual conduct that poses a
47 substantial risk of transmission to another person when the
48 intercourse with any other person is unaware that the person is
49 a carrier of the disease, and to transmit the disease to the,
50 unless such other person has been informed of the presence of
51 the sexually transmissible disease and has consented to the
52 sexual intercourse.
53 (2) A person does not act with the intent set forth in
54 subsection (1) if he or she in good faith complies with a
55 treatment regimen prescribed by his or her health care provider
56 or with the behavioral recommendations of his or her health care
57 provider or public health officials to limit the risk of
58 transmission, or if he or she offers to comply with such
59 behavioral recommendations, but such offer is rejected by the
60 other person with whom he or she is engaging in sexual conduct.
61 For purposes of this section, the term “behavioral
62 recommendations” includes, but is not limited to, the use of a
63 prophylactic device to limit the risk of transmission of the
64 disease. Evidence of the person’s failure to comply with such a
65 treatment regimen or such behavioral recommendations is not, in
66 and of itself, sufficient to establish that he or she acted with
67 the intent set forth in subsection (1) It is unlawful for any
68 person who has human immunodeficiency virus infection, when such
69 person knows he or she is infected with this disease and when
70 such person has been informed that he or she may communicate
71 this disease to another person through sexual intercourse, to
72 have sexual intercourse with any other person, unless such other
73 person has been informed of the presence of the sexually
74 transmissible disease and has consented to the sexual
75 intercourse.
76 Section 89. Section 384.34, Florida Statutes, is amended to
77 read:
78 384.34 Penalties.—
79 (1) Any person who violates s. 384.24 the provisions of s.
80 384.24(1) commits a misdemeanor of the first degree, punishable
81 as provided in s. 775.082 or s. 775.083.
82 (2) Any person who violates the provisions of s. 384.26 or
83 s. 384.29 commits a misdemeanor of the first degree, punishable
84 as provided in s. 775.082 or s. 775.083.
85 (3) Any person who maliciously disseminates any false
86 information or report concerning the existence of any sexually
87 transmissible disease commits a misdemeanor felony of the first
88 third degree, punishable as provided in s. 775.082 or s. 775.083
89 ss. 775.082, 775.083, and 775.084.
90 (4) Any person who violates the provisions of the
91 department’s rules pertaining to sexually transmissible diseases
92 may be punished by a fine not to exceed $500 for each violation.
93 Any penalties enforced under this subsection shall be in
94 addition to other penalties provided by this chapter. The
95 department may enforce this section and adopt rules necessary to
96 administer this section.
97 (5) Any person who violates s. 384.24(2) commits a felony
98 of the third degree, punishable as provided in s. 775.082, s.
99 775.083, or s. 775.084. Any person who commits multiple
100 violations of s. 384.24(2) commits a felony of the first degree,
101 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
102 (6) Any person who obtains information that identifies an
103 individual who has a sexually transmissible disease, who knew or
104 should have known the nature of the information and maliciously,
105 or for monetary gain, disseminates this information or otherwise
106 makes this information known to any other person, except by
107 providing it either to a physician or nurse employed by the
108 Department of Health or to a law enforcement agency, commits a
109 felony of the third degree, punishable as provided in s.
110 775.082, s. 775.083, or s. 775.084.
111 Section 90. Subsections (1) and (3) of section 775.0877,
112 Florida Statutes, are amended to read:
113 775.0877 Criminal transmission of HIV; procedures;
114 penalties.—
115 (1) In any case in which a person has been convicted of or
116 has pled nolo contendere or guilty to, regardless of whether
117 adjudication is withheld, any of the following offenses, or the
118 attempt thereof, which offense or attempted offense involves the
119 transmission of body fluids from one person to another:
120 (a) Section 794.011, relating to sexual battery;
121 (b) Section 826.04, relating to incest;
122 (c) Section 800.04, relating to lewd or lascivious offenses
123 committed upon or in the presence of persons less than 16 years
124 of age;
125 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
126 relating to assault;
127 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
128 relating to aggravated assault;
129 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
130 relating to battery;
131 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
132 relating to aggravated battery;
133 (h) Section 827.03(2)(c), relating to child abuse;
134 (i) Section 827.03(2)(a), relating to aggravated child
135 abuse;
136 (j) Section 825.102(1), relating to abuse of an elderly
137 person or disabled adult;
138 (k) Section 825.102(2), relating to aggravated abuse of an
139 elderly person or disabled adult;
140 (l) Section 827.071, relating to sexual performance by
141 person less than 18 years of age;
142 (m) Sections 796.07 and 796.08, relating to prostitution;
143 or
144 (n) Section 381.0041(11)(b), relating to donation of blood,
145 plasma, organs, skin, or other human tissue; or
146 (o) Sections 787.06(3)(b), (d), (f), and (g), relating to
147 human trafficking,
148
149 the court shall order the offender to undergo HIV testing, to be
150 performed under the direction of the Department of Health in
151 accordance with s. 381.004, unless the offender has undergone
152 HIV testing voluntarily or pursuant to procedures established in
153 s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
154 rule providing for HIV testing of criminal offenders or inmates,
155 subsequent to her or his arrest for an offense enumerated in
156 paragraphs (a)-(m) (a)-(n) for which she or he was convicted or
157 to which she or he pled nolo contendere or guilty. The results
158 of an HIV test performed on an offender pursuant to this
159 subsection are not admissible in any criminal proceeding arising
160 out of the alleged offense.
161 (3) An offender who has undergone HIV testing pursuant to
162 subsection (1), and to whom positive test results have been
163 disclosed pursuant to subsection (2), who commits a second or
164 subsequent offense enumerated in paragraphs (1)(a)-(m)(1)(a)
165 (n), commits criminal transmission of HIV, a felony of the third
166 degree, punishable as provided in s. 775.082 or, s. 775.083, or
167 s. 775.084. A person may be convicted and sentenced separately
168 for a violation of this subsection and for the underlying crime
169 enumerated in paragraphs (1)(a)-(m)(1)(a)-(n).
170 Section 91. Paragraphs (a) and (b) of subsection (2) and
171 paragraph (a) of subsection (3) of section 960.003, Florida
172 Statutes, are amended to read:
173 960.003 Hepatitis and HIV testing for persons charged with
174 or alleged by petition for delinquency to have committed certain
175 offenses; disclosure of results to victims.—
176 (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
177 FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
178 (a) In any case in which a person has been charged by
179 information or indictment with or alleged by petition for
180 delinquency to have committed any offense enumerated in s.
181 775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n), which involves the
182 transmission of body fluids from one person to another, upon
183 request of the victim or the victim’s legal guardian, or of the
184 parent or legal guardian of the victim if the victim is a minor,
185 the court shall order such person to undergo hepatitis and HIV
186 testing within 48 hours after the information, indictment, or
187 petition for delinquency is filed. In the event the victim or,
188 if the victim is a minor, the victim’s parent or legal guardian
189 requests hepatitis and HIV testing after 48 hours have elapsed
190 from the filing of the indictment, information, or petition for
191 delinquency, the testing shall be done within 48 hours after the
192 request.
193 (b) However, when a victim of any sexual offense enumerated
194 in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n) is under the age
195 of 18 at the time the offense was committed or when a victim of
196 any sexual offense enumerated in s. 775.0877(1)(a)-(m) s.
197 775.0877(1)(a)-(n) or s. 825.1025 is a disabled adult or elderly
198 person as defined in s. 825.1025 regardless of whether the
199 offense involves the transmission of bodily fluids from one
200 person to another, then upon the request of the victim or the
201 victim’s legal guardian, or of the parent or legal guardian, the
202 court shall order such person to undergo hepatitis and HIV
203 testing within 48 hours after the information, indictment, or
204 petition for delinquency is filed. In the event the victim or,
205 if the victim is a minor, the victim’s parent or legal guardian
206 requests hepatitis and HIV testing after 48 hours have elapsed
207 from the filing of the indictment, information, or petition for
208 delinquency, the testing shall be done within 48 hours after the
209 request. The testing shall be performed under the direction of
210 the Department of Health in accordance with s. 381.004. The
211 results of a hepatitis and HIV test performed on a defendant or
212 juvenile offender pursuant to this subsection shall not be
213 admissible in any criminal or juvenile proceeding arising out of
214 the alleged offense.
215 (3) DISCLOSURE OF RESULTS.—
216 (a) The results of the test shall be disclosed no later
217 than 2 weeks after the court receives such results, under the
218 direction of the Department of Health, to the person charged
219 with or alleged by petition for delinquency to have committed or
220 to the person convicted of or adjudicated delinquent for any
221 offense enumerated in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)
222 (n), which involves the transmission of body fluids from one
223 person to another, and, upon request, to the victim or the
224 victim’s legal guardian, or the parent or legal guardian of the
225 victim if the victim is a minor, and to public health agencies
226 pursuant to s. 775.0877. If the alleged offender is a juvenile,
227 the test results shall also be disclosed to the parent or
228 guardian. When the victim is a victim as described in paragraph
229 (2)(b), the test results must also be disclosed no later than 2
230 weeks after the court receives such results, to the person
231 charged with or alleged by petition for delinquency to have
232 committed or to the person convicted of or adjudicated
233 delinquent for any offense enumerated in s. 775.0877(1)(a)-(m)
234 s. 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
235 offense involves the transmission of bodily fluids from one
236 person to another, and, upon request, to the victim or the
237 victim’s legal guardian, or the parent or legal guardian of the
238 victim, and to public health agencies pursuant to s. 775.0877.
239 Otherwise, hepatitis and HIV test results obtained pursuant to
240 this section are confidential and exempt from the provisions of
241 s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
242 shall not be disclosed to any other person except as expressly
243 authorized by law or court order.
244 Section 92. Subsection (3) of section 921.0022, Florida
245 Statutes, is amended to read:
246 921.0022 Criminal Punishment Code; offense severity ranking
247 chart.—
248 (3) OFFENSE SEVERITY RANKING CHART
249 (a) LEVEL 1
250
251 FloridaStatute FelonyDegree Description
252 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
253 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
254 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $1,000 $300 but less than $20,000.
255 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
256 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
257 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
258 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
259 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
260 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
261 322.212(5)(a) 3rd False application for driver license or identification card.
262 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
263 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
264 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $1,000 $300.
265 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
266 562.27(1) 3rd Possess still or still apparatus.
267 713.69 3rd Tenant removes property upon which lien has accrued, value more than $1,000 $50.
268 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
269 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
270 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
271 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
272 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
273 826.01 3rd Bigamy.
274 828.122(3) 3rd Fighting or baiting animals.
275 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
276 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
277 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
278 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
279 838.15(2) 3rd Commercial bribe receiving.
280 838.16 3rd Commercial bribery.
281 843.18 3rd Fleeing by boat to elude a law enforcement officer.
282 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
283 849.01 3rd Keeping gambling house.
284 849.09(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.
285 849.23 3rd Gambling-related machines; “common offender” as to property rights.
286 849.25(2) 3rd Engaging in bookmaking.
287 860.08 3rd Interfere with a railroad signal.
288 860.13(1)(a) 3rd Operate aircraft while under the influence.
289 893.13(2)(a)2. 3rd Purchase of cannabis.
290 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
291 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
292
293
294
295
296
297 (b) LEVEL 2
298
299 FloridaStatute FelonyDegree Description
300 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
301 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
302 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
303 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
304 590.28(1) 3rd Intentional burning of lands.
305 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
306 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
307 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
308 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
309 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
310 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 $300 or more but less than $5,000.
311 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750 $300, taken from unenclosed curtilage of dwelling.
312 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
313 817.234(1)(a)2. 3rd False statement in support of insurance claim.
314 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
315 817.52(3) 3rd Failure to redeliver hired vehicle.
316 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
317 817.60(5) 3rd Dealing in credit cards of another.
318 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
319 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
320 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
321 831.01 3rd Forgery.
322 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
323 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
324 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
325 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
326 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
327 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
328 843.08 3rd False personation.
329 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
330 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
331
332
333
334
335
336 (c) LEVEL 3
337
338 FloridaStatute FelonyDegree Description
339 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
340 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
341 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
342 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
343 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
344 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
345 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
346 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
347 327.35(2)(b) 3rd Felony BUI.
348 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
349 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
350 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
351 379.2431 (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.
352 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
353 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
354 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
355 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
356 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
357 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
358 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
359 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
360 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
361 697.08 3rd Equity skimming.
362 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
363 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
364 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
365 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
366 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
367 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
368 812.015(8)(b) 3rd Retail theft with intent to sell; coordination with others.
369 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
370 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
371 817.233 3rd Burning to defraud insurer.
372 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
373 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
374 817.236 3rd Filing a false motor vehicle insurance application.
375 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
376 817.413(2) 3rd Sale of used goods as new.
377 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
378 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
379 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
380 843.19 3rd Injure, disable, or kill police dog or horse.
381 860.15(3) 3rd Overcharging for repairs and parts.
382 870.01(2) 3rd Riot; inciting or encouraging.
383 893.13(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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
384 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
385 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
386 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
387 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
388 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
389 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
390 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
391 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
392 893.13(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.
393 893.13(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.
394 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
395 893.13(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.
396 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
397 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
398 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
399 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
400
401
402
403
404
405 (d) LEVEL 4
406
407 FloridaStatute FelonyDegree Description
408 316.1935(3)(a) 2nd 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.
409 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
410 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
411 517.07(1) 3rd Failure to register securities.
412 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
413 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
414 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
415 784.075 3rd Battery on detention or commitment facility staff.
416 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
417 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
418 784.081(3) 3rd Battery on specified official or employee.
419 784.082(3) 3rd Battery by detained person on visitor or other detainee.
420 784.083(3) 3rd Battery on code inspector.
421 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
422 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
423 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
424 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
425 787.07 3rd Human smuggling.
426 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
427 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
428 790.115(2)(c) 3rd Possessing firearm on school property.
429 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
430 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
431 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
432 810.06 3rd Burglary; possession of tools.
433 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
434 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
435 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items, a will, firearm, motor vehicle, livestock, etc.
436 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
437 817.505(4)(a) 3rd Patient brokering.
438 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
439 817.568(2)(a) 3rd Fraudulent use of personal identification information.
440 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
441 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
442 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
443 837.02(1) 3rd Perjury in official proceedings.
444 837.021(1) 3rd Make contradictory statements in official proceedings.
445 838.022 3rd Official misconduct.
446 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
447 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
448 843.021 3rd Possession of a concealed handcuff key by a person in custody.
449 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
450 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
451 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
452 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
453 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
454 914.14(2) 3rd Witnesses accepting bribes.
455 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
456 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
457 918.12 3rd Tampering with jurors.
458 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
459 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
460 951.22(1)(h),(j), & (k) 3rd Intoxicating drug, instrumentality, or cellular telephone or other device to aid escape introduced into county detention facility.
461
462
463
464
465
466 (e) LEVEL 5
467
468 FloridaStatute FelonyDegree Description
469 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
470 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
471 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
472 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
473 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
474 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
475 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
476 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
477 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
478 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
479 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
480 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
481 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
482 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
483 790.01(2) 3rd Carrying a concealed firearm.
484 790.162 2nd Threat to throw or discharge destructive device.
485 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
486 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
487 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
488 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
489 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
490 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
491 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
492 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
493 812.015(8)(a), (c), (d), & (e) 3rd Retail theft; property stolen is valued at $750 $300 or more and one or more specified acts.
494 812.019(1) 2nd Stolen property; dealing in or trafficking in.
495 812.131(2)(b) 3rd Robbery by sudden snatching.
496 812.16(2) 3rd Owning, operating, or conducting a chop shop.
497 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
498 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
499 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
500 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
501 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
502 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
503 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
504 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
505 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
506 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
507 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
508 843.01 3rd Resist officer with violence to person; resist arrest with violence.
509 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
510 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
511 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
512 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
513 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
514 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
515 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
516 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
517 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
518 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
519 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
520 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
521
522
523 ================= T I T L E A M E N D M E N T ================
524 And the title is amended as follows:
525 Between lines 527 and 528
526 insert:
527 381.0041, F.S.; providing an exception to allow the
528 donation of human tissue by a person who has human
529 immunodeficiency virus infection under certain
530 circumstances; reclassifying a criminal offense
531 relating to such donations; amending s. 384.23, F.S.;
532 providing definitions; amending s. 384.24, F.S.;
533 expanding the scope of unlawful acts by a person
534 infected with a sexually transmissible disease;
535 expanding the list of sexually transmissible diseases
536 to include human immunodeficiency virus infection;
537 providing that certain actions are not sufficient
538 evidence to establish intent on the part of the person
539 who transmits the disease; providing a definition;
540 amending s. 384.34, F.S.; reclassifying specified
541 criminal offenses; removing a fine for specified rule
542 violations; amending s. 775.0877, F.S.; conforming
543 provisions to changes made by the act; amending s.
544 960.003, F.S.; conforming cross-references; amending
545 s.