Florida Senate - 2021 SB 1566
By Senator Bradley
1 A bill to be entitled
2 An act relating to tampering with or fabricating
3 physical evidence; amending s. 918.13, F.S.; providing
4 enhanced criminal penalties for tampering with or
5 fabricating physical evidence in certain criminal
6 proceedings and investigations; providing an effective
9 Be It Enacted by the Legislature of the State of Florida:
11 Section 1. Section 918.13, Florida Statutes, is amended to
13 918.13 Tampering with or fabricating physical evidence.—
14 (1) A
No person, knowing that a criminal trial or
15 proceeding or an investigation by a duly constituted prosecuting
16 authority, law enforcement agency, grand jury, or legislative
17 committee of this state is pending or is about to be instituted,
18 may not shall:
19 (a) Alter, destroy, conceal, or remove any record,
20 document, or thing with the purpose to impair its verity or
21 availability in such proceeding or investigation; or
22 (b) Make, present, or use any record, document, or thing,
23 knowing it to be false.
24 (2)(a) Except as provided in paragraphs (b) and (c), a Any
25 person who violates any provision of this section commits shall
26 be guilty of a felony of the third degree, punishable as
27 provided in s. 775.082, s. 775.083, or s. 775.084.
28 (b) Except as provided in paragraph (c), a person who
29 violates any provision of this section relating to a criminal
30 trial or proceeding or an investigation involving a violent
31 felony offense described in s. 775.084(1)(b)1. commits a felony
32 of the second degree, punishable as provided in s. 775.082, s.
33 775.083, or s. 775.084.
34 (c) A person who violates any provision of this section
35 relating to a criminal trial or proceeding or an investigation
36 involving a capital offense, or an offense involving the death
37 of a person, commits a felony of the first degree, punishable as
38 provided in s. 775.082, s. 775.083, or s. 775.084.
39 Section 2. This act shall take effect October 1, 2021.