Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1566
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Criminal Justice (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 918.13, Florida Statutes, is amended to
    6  read:
    7         918.13 Tampering with or fabricating physical evidence.—
    8         (1) It is unlawful for any No person, knowing that a
    9  criminal trial or proceeding or an investigation by a duly
   10  constituted prosecuting authority, law enforcement agency, grand
   11  jury, or legislative committee of this state is pending or is
   12  about to be instituted, to shall:
   13         (a) Alter, destroy, conceal, or remove any record,
   14  document, or other item thing with the purpose to impair its
   15  verity or availability in such proceeding or investigation; or
   16         (b) Make, present, or use any record, document, or other
   17  item thing, knowing it to be false.
   18         (2)(a)Except as provided in paragraph (b), a Any person
   19  who violates subsection (1) commits any provision of this
   20  section shall be guilty of a felony of the third degree,
   21  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   22         (b)1.Except as provided in subparagraph 2., a person who
   23  violates subsection (1) relating to a criminal trial or
   24  proceeding or an investigation that relates to a violent felony
   25  offense described in s. 775.084(1)(b)1., commits a felony of the
   26  second degree, punishable as provided in s. 775.082, s. 775.083,
   27  or s. 775.084.
   28         2.A person who violates subsection (1) relating to a
   29  criminal trial or proceeding or an investigation that relates to
   30  a capital felony, or a criminal offense that results in the
   31  death of a person, commits a felony of the first degree,
   32  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   33         Section 2. Paragraph (c) of subsection (3) of section
   34  921.0022, Florida Statutes, is amended to read:
   35         921.0022 Criminal Punishment Code; offense severity ranking
   36  chart.—
   38         (c) LEVEL 3
   40  FloridaStatute    FelonyDegree           Description            
   41  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
   42  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
   43  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
   44  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
   45  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
   46  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
   47  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
   48  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
   49  327.35(2)(b)         3rd   Felony BUI.                       
   50  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
   51  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
   52  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
   53  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.
   54  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.
   55  379.2431 (1)(e)7.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
   56  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
   57  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
   58  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
   59  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
   60  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
   61  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
   62  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
   63  697.08               3rd   Equity skimming.                  
   64  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
   65  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
   66  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
   67  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
   68  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
   69  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
   70  812.015(8)(b)        3rd   Retail theft with intent to sell; conspires with others.
   71  815.04(5)(b)         2nd   Computer offense devised to defraud or obtain property.
   72  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
   73  817.233              3rd   Burning to defraud insurer.       
   74  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
   75  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
   76  817.236              3rd   Filing a false motor vehicle insurance application.
   77  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
   78  817.413(2)           3rd   Sale of used goods of $1,000 or more as new.
   79  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
   80  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
   81  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
   82  843.19               2nd   Injure, disable, or kill police, fire, or SAR canine or police horse.
   83  860.15(3)            3rd   Overcharging for repairs and parts.
   84  870.01(2)            3rd   Riot; inciting or encouraging.    
   85  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).
   86  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.
   87  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.
   88  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
   89  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
   90  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
   91  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
   92  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
   93  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
   94  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.
   95  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.
   96  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
   97  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.
   98  918.13 (1)(a) & (b)   3rd   Tampering with or fabricating physical evidence Alter, destroy, or conceal investigation evidence.
   99  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
  100  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  101  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  103         Section 3. This act shall take effect October 1, 2021.
  105  ================= T I T L E  A M E N D M E N T ================
  106  And the title is amended as follows:
  107         Delete everything before the enacting clause
  108  and insert:
  109                        A bill to be entitled                      
  110         An act relating to tampering with or fabricating
  111         physical evidence; amending s. 918.13, F.S.; providing
  112         enhanced criminal penalties for tampering with or
  113         fabricating physical evidence in certain criminal
  114         proceedings and investigations; amending s. 921.0022,
  115         F.S.; ranking an offense on the offense severity
  116         ranking chart of the Criminal Punishment Code;
  117         providing an effective date.