Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for HB 371
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .            Floor: C            
             04/21/2021 11:06 AM       .      04/29/2021 12:28 PM       

       Senator Boyd moved the following:
    1         Senate Amendment 
    3         Delete lines 35 - 256
    4  and insert:
    5         1.Great bodily harm, permanent disfigurement, or permanent
    6  disability to any person as a proximate result of lawful conduct
    7  arising out of a response, the person making such report commits
    8  a felony of the third degree, punishable as provided in s.
    9  775.082, s. 775.083, or s. 775.084.
   10         2.Death to any person as a proximate result of lawful
   11  conduct arising out of a response, the person making such report
   12  commits a felony of the second degree, punishable as provided in
   13  s. 775.082, s. 775.083, or s. 775.084.
   14         (3)A court shall order any person convicted of violating
   15  this section to pay restitution, which shall include full
   16  payment for any cost incurred by a responding public safety
   17  agency.
   18         Section 2. Paragraphs (c) and (f) of subsection (3) of
   19  section 921.0022, Florida Statutes, are amended to read:
   20         921.0022 Criminal Punishment Code; offense severity ranking
   21  chart.—
   23         (c) LEVEL 3
   25  FloridaStatute    FelonyDegree           Description            
   26  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
   27  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
   28  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
   29  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
   30  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
   31  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
   32  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
   33  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
   34  327.35(2)(b)         3rd   Felony BUI.                       
   35  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
   36  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
   37  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
   38  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.
   39  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.
   40  379.2431 (1)(e)7.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
   41  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
   42  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
   43  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
   44  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
   45  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
   46  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
   47  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
   48  697.08               3rd   Equity skimming.                  
   49  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
   50  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
   51  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
   52  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
   53  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
   54  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
   55  812.015(8)(b)        3rd   Retail theft with intent to sell; conspires with others.
   56  815.04(5)(b)         2nd   Computer offense devised to defraud or obtain property.
   57  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
   58  817.233              3rd   Burning to defraud insurer.       
   59  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
   60  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
   61  817.236              3rd   Filing a false motor vehicle insurance application.
   62  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
   63  817.413(2)           3rd   Sale of used goods of $1,000 or more as new.
   64  817.49(2)(b)1.       3rd   Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
   65  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
   66  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
   67  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
   68  843.19               2nd   Injure, disable, or kill police, fire, or SAR canine or police horse.
   69  860.15(3)            3rd   Overcharging for repairs and parts.
   70  870.01(2)            3rd   Riot; inciting or encouraging.    
   71  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).
   72  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.
   73  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.
   74  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
   75  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
   76  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
   77  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
   78  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
   79  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
   80  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.
   81  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.
   82  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
   83  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.
   84  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
   85  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
   86  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
   87  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
   89         (f) LEVEL 6
   91  FloridaStatute       FelonyDegree          Description           
   92  316.027(2)(b)          2nd   Leaving the scene of a crash involving serious bodily injury.
   93  316.193(2)(b)          3rd   Felony DUI, 4th or subsequent conviction.
   94  400.9935(4)(c)         2nd   Operating a clinic, or offering services requiring licensure, without a license.
   95  499.0051(2)            2nd   Knowing forgery of transaction history, transaction information, or transaction statement.
   96  499.0051(3)            2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
   97  499.0051(4)            2nd   Knowing sale or transfer of prescription drug to unauthorized person.
   98  775.0875(1)            3rd   Taking firearm from law enforcement officer.
   99  784.021(1)(a)          3rd   Aggravated assault; deadly weapon without intent to kill.
  100  784.021(1)(b)          3rd   Aggravated assault; intent to commit felony.
  101  784.041                3rd   Felony battery; domestic battery by strangulation.
  102  784.048(3)             3rd   Aggravated stalking; credible threat.
  103  784.048(5)             3rd   Aggravated stalking of person under 16.
  104  784.07(2)(c)           2nd   Aggravated assault on law enforcement officer.
  105  784.074(1)(b)          2nd   Aggravated assault on sexually violent predators facility staff.
  106  784.08(2)(b)           2nd   Aggravated assault on a person 65 years of age or older.
  107  784.081(2)             2nd   Aggravated assault on specified official or employee.
  108  784.082(2)             2nd   Aggravated assault by detained person on visitor or other detainee.
  109  784.083(2)             2nd   Aggravated assault on code inspector.
  110  787.02(2)              3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  111  790.115(2)(d)          2nd   Discharging firearm or weapon on school property.
  112  790.161(2)             2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  113  790.164(1)             2nd   False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
  114  790.19                 2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  115  794.011(8)(a)          3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  116  794.05(1)              2nd   Unlawful sexual activity with specified minor.
  117  800.04(5)(d)           3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
  118  800.04(6)(b)           2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  119  806.031(2)             2nd   Arson resulting in great bodily harm to firefighter or any other person.
  120  810.02(3)(c)           2nd   Burglary of occupied structure; unarmed; no assault or battery.
  121  810.145(8)(b)          2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
  122  812.014(2)(b)1.        2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  123  812.014(6)             2nd   Theft; property stolen $3,000 or more; coordination of others.
  124  812.015(9)(a)          2nd   Retail theft; property stolen $750 or more; second or subsequent conviction.
  125  812.015(9)(b)          2nd   Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  126  812.13(2)(c)           2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  127  817.4821(5)            2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  128  817.49(2)(b)2.         2nd   Willful making of a false report of a crime resulting in death.
  129  817.505(4)(b)          2nd   Patient brokering; 10 or more patients.
  130  825.102(1)             3rd   Abuse of an elderly person or disabled adult.
  131  825.102(3)(c)          3rd   Neglect of an elderly person or disabled adult.
  132  825.1025(3)            3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  133  825.103(3)(c)          3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  134  827.03(2)(c)           3rd   Abuse of a child.               
  135  827.03(2)(d)           3rd   Neglect of a child.             
  136  827.071(2) & (3)       2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  137  836.05                 2nd   Threats; extortion.             
  138  836.10                 2nd   Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  139  843.12                 3rd   Aids or assists person to escape.
  140  847.011                3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  141  847.012                3rd   Knowingly using a minor in the production of materials harmful to minors.
  142  847.0135(2)            3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  143  914.23                 2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  144  944.35(3)(a)2.         3rd   Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  145  944.40                 2nd   Escapes.                        
  146  944.46                 3rd   Harboring, concealing, aiding escaped prisoners.
  147  944.47(1)(a)5.         2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  148  951.22(1)(i)           3rd   Firearm or weapon introduced into county detention facility.