Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 796
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LEGISLATIVE ACTION
Senate . House
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The Committee on Criminal Justice (Bradley) recommended the
following:
1 Senate Amendment (with title amendment)
2
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) A person who violates subsection (1) relating to a
23 criminal trial, proceeding, or investigation that relates to a
24 capital felony commits a felony of the second degree, punishable
25 as provided in s. 775.082, s. 775.083, or s. 775.084.
26 Section 2. Paragraphs (c) and (f) of subsection (3) of
27 section 921.0022, Florida Statutes, are amended to read:
28 921.0022 Criminal Punishment Code; offense severity ranking
29 chart.—
30 (3) OFFENSE SEVERITY RANKING CHART
31 (c) LEVEL 3
32
33
34 FloridaStatute FelonyDegree Description
35 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
36 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
37 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
38 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
39 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
40 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
41 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
42 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
43 327.35(2)(b) 3rd Felony BUI.
44 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
45 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
46 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
47 379.2431 (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.
48 379.2431 (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.
49 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
50 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
51 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
52 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
53 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
54 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
55 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
56 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
57 697.08 3rd Equity skimming.
58 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
59 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
60 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
61 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
62 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
63 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
64 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
65 812.081(2) 3rd Theft of a trade secret.
66 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
67 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
68 817.233 3rd Burning to defraud insurer.
69 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
70 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
71 817.236 3rd Filing a false motor vehicle insurance application.
72 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
73 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
74 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
75 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
76 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
77 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
78 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
79 860.15(3) 3rd Overcharging for repairs and parts.
80 870.01(2) 3rd Riot.
81 870.01(4) 3rd Inciting a riot.
82 893.13(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).
83 893.13(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.
84 893.13(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.
85 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
86 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
87 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
88 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
89 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
90 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
91 893.13(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.
92 893.13(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.
93 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
94 893.13(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.
95 918.13(1) 918.13(1)(a) 3rd Tampering with or fabricating physical evidence Alter, destroy, or conceal investigation evidence.
96 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
97 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
98 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
99
100 (f) LEVEL 6
101
102
103 FloridaStatute FelonyDegree Description
104 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
105 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
106 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
107 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
108 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
109 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
110 775.0875(1) 3rd Taking firearm from law enforcement officer.
111 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
112 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
113 784.041 3rd Felony battery; domestic battery by strangulation.
114 784.048(3) 3rd Aggravated stalking; credible threat.
115 784.048(5) 3rd Aggravated stalking of person under 16.
116 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
117 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
118 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
119 784.081(2) 2nd Aggravated assault on specified official or employee.
120 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
121 784.083(2) 2nd Aggravated assault on code inspector.
122 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
123 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
124 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
125 790.164(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.
126 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
127 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
128 794.05(1) 2nd Unlawful sexual activity with specified minor.
129 800.04(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.
130 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
131 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
132 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
133 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
134 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
135 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
136 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
137 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
138 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
139 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
140 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
141 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
142 825.102(1) 3rd Abuse of an elderly person or disabled adult.
143 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
144 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
145 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
146 827.03(2)(c) 3rd Abuse of a child.
147 827.03(2)(d) 3rd Neglect of a child.
148 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
149 836.05 2nd Threats; extortion.
150 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
151 843.12 3rd Aids or assists person to escape.
152 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
153 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
154 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
155 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
156 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
157 944.35(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.
158 944.40 2nd Escapes.
159 944.46 3rd Harboring, concealing, aiding escaped prisoners.
160 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
161 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
162
163 Section 3. This act shall take effect October 1, 2022.
164
165 ================= T I T L E A M E N D M E N T ================
166 And the title is amended as follows:
167 Delete everything before the enacting clause
168 and insert:
169 A bill to be entitled
170 An act relating to tampering with or fabricating
171 physical evidence; amending s. 918.13, F.S.; providing
172 enhanced criminal penalties for tampering with or
173 fabricating physical evidence in certain criminal
174 proceedings and investigations; amending s. 921.0022,
175 F.S.; ranking offenses on the offense severity ranking
176 chart of the Criminal Punishment Code; providing an
177 effective date.