Florida Senate - 2021                                    SB 1566
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-01389-21                                            20211566__
    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
    7         date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 918.13, Florida Statutes, is amended to
   12  read:
   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.