February 26, 2020
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Senate Bill 1322

Senate Bill sb1322

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1322

    By Senator Lynn





    7-678-04                                            See HB 295

  1                      A bill to be entitled

  2         An act relating to fleeing or attempting to

  3         elude a law enforcement officer; amending s.

  4         316.1935, F.S.; providing an additional

  5         classification for the offense of fleeing or

  6         attempting to elude a law enforcement officer;

  7         providing an additional classification for the

  8         offense of aggravated fleeing or eluding;

  9         providing and revising elements of the

10         offenses; providing and revising criminal

11         penalties for the offenses of fleeing or

12         attempting to elude a law enforcement officer

13         and aggravated fleeing or eluding with serious

14         bodily injury or death; providing for a minimum

15         period of incarceration in certain

16         circumstances involving serious bodily injury

17         or death; providing an affirmative defense to

18         fleeing or attempting to elude a law

19         enforcement office under certain circumstances;

20         prohibiting courts from suspending, deferring,

21         or withholding adjudication of guilt or

22         imposition of sentence in certain

23         circumstances; providing for seizure and

24         forfeiture of certain motor vehicles as

25         contraband in certain circumstances; amending

26         s. 921.0022, F.S.; ranking and revising the

27         offense classifications of fleeing or

28         attempting to elude a law enforcement officer

29         on the offense severity ranking chart of the

30         Criminal Punishment Code; ranking the offense

31         of aggravated fleeing or eluding with serious

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1         bodily injury or death on the offense severity

 2         ranking chart of the Criminal Punishment Code;

 3         reenacting ss. 318.17(1) and 322.61(1)(d),

 4         F.S.; incorporating the amendment to s.

 5         316.1935, F.S., in references thereto;

 6         providing an effective date.

 7  

 8  Be It Enacted by the Legislature of the State of Florida:

 9  

10         Section 1.  Section 316.1935, Florida Statutes, is

11  amended to read:

12         316.1935  Fleeing or attempting to elude a law

13  enforcement officer; aggravated fleeing or and eluding.--

14         (1)  It is unlawful for the operator of any vehicle,

15  having knowledge that he or she has been ordered to stop such

16  vehicle by a duly authorized law enforcement officer,

17  willfully to refuse or fail to stop the vehicle in compliance

18  with such order or, having stopped in knowing compliance with

19  such order, willfully to flee in an attempt to elude the

20  officer, and a person who violates this subsection commits a

21  felony misdemeanor of the third first degree, punishable as

22  provided in s. 775.082, or s. 775.083, or s. 775.084.

23         (2)  Any person who willfully flees or attempts to

24  elude a law enforcement officer in an authorized law

25  enforcement patrol vehicle, with or without agency insignia

26  and other jurisdictional markings prominently displayed on the

27  vehicle, with siren and lights activated commits a felony of

28  the third degree, punishable as provided in s. 775.082, s.

29  775.083, or s. 775.084. It is an affirmative defense to a

30  prosecution under this subsection that a person, having been

31  ordered to stop his or her vehicle by a law enforcement

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  officer in an authorized law enforcement patrol vehicle with

 2  lights and sirens activated, but without agency insignia or

 3  other jurisdictional markings prominently displayed on the

 4  vehicle, proceeded in a safe and lawful manner to a well-lit

 5  or populated area prior to stopping his or her vehicle.

 6         (3)  Any person who willfully flees or attempts to

 7  elude a law enforcement officer in an authorized law

 8  enforcement patrol vehicle, with or without agency insignia

 9  and other jurisdictional markings prominently displayed on the

10  vehicle, with siren and lights activated, and during the

11  course of the fleeing or attempted eluding:

12         (a)  Drives at high speed, or in any manner which

13  demonstrates a wanton disregard for the safety of persons or

14  property, commits a felony of the second degree, punishable as

15  provided in s. 775.082, s. 775.083, or s. 775.084.

16         (b)  Drives at high speed, or in any manner which

17  demonstrates a wanton disregard for the safety of persons or

18  property, and causes serious bodily injury or death to another

19  person, including any law enforcement officer involved in

20  pursuing or otherwise attempting to effect a stop of the

21  person's vehicle, commits a felony of the first degree,

22  punishable as provided in s. 775.082, s. 775.083, or s.

23  775.084. Notwithstanding any other provision of law, the court

24  shall sentence any person convicted of committing the offense

25  described in this paragraph to a mandatory minimum sentence of

26  3 years' imprisonment. Nothing in this paragraph shall prevent

27  a court from imposing a greater sentence of incarceration as

28  authorized by law.

29         (4)  Any person who, in the course of unlawfully

30  leaving or attempting to leave the scene of a crash in

31  

                                  3

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  violation of s. 316.027 or s. 316.061, having knowledge of an

 2  order to stop by a duly authorized law enforcement officer,:

 3         (a)  willfully refuses or fails to stop in compliance

 4  with such an order, or having stopped in knowing compliance

 5  with such order, willfully flees in an attempt to elude such

 6  officer; and, (b)  as a result of such fleeing or eluding:,

 7         (a)  Causes injury to another person or causes damage

 8  to any property belonging to another person, commits

 9  aggravated fleeing or eluding, a felony of the second degree,

10  punishable as provided in s. 775.082, s. 775.083, or s.

11  775.084.

12         (b)  Causes serious bodily injury or death to another

13  person, including any law enforcement officer involved in

14  pursuing or otherwise attempting to effect a stop of the

15  person's vehicle, commits aggravated fleeing or eluding with

16  serious bodily injury or death, a felony of the first degree,

17  punishable as provided in s. 775.082, s. 775.083, or s.

18  775.084.

19  

20  The felony of aggravated fleeing or eluding and the felony of

21  aggravated fleeing or eluding with serious bodily injury or

22  death constitute constitutes a separate offenses offense for

23  which a person may be charged, in addition to the offenses

24  under ss. 316.027 and 316.061, relating to offense of

25  unlawfully leaving the scene of a crash, which the person had

26  been in the course of committing or attempting to commit when

27  the order to stop was given. Notwithstanding any other

28  provision of law, the court shall sentence any person

29  convicted of committing aggravated fleeing or eluding with

30  serious bodily injury or death to a mandatory minimum sentence

31  of 3 years' imprisonment. Nothing in this subsection shall

                                  4

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  prevent a court from imposing a greater sentence of

 2  incarceration as authorized by law.

 3         (5)  The court shall may revoke, for a period not less

 4  than to exceed 1 year nor exceeding 5 years, the driver's

 5  license of any operator of a motor vehicle convicted of a

 6  violation of subsection (1), subsection (2), subsection (3),

 7  or subsection (4).

 8         (6)  Notwithstanding s. 948.01, no court may suspend,

 9  defer, or withhold adjudication of guilt or imposition of

10  sentence for any violation of this section. A person convicted

11  and sentenced to a mandatory minimum term of incarceration

12  under paragraph (3)(b) or paragraph (4)(b) is not eligible for

13  statutory gain-time under s. 944.275 or any form of

14  discretionary early release, other than pardon or executive

15  clemency or conditional medical release under s. 947.149,

16  prior to serving the mandatory minimum sentence.

17         (7)  Any motor vehicle involved in a violation of this

18  section is deemed to be contraband, which may be seized by a

19  law enforcement agency and is subject to forfeiture pursuant

20  to ss. 932.701-932.704. Any vehicle not required to be titled

21  under the laws of this state is presumed to be the property of

22  the person in possession of the vehicle.

23         Section 2.  Paragraphs (a), (c), (d), (e), (g), and (h)

24  of subsection (3) of section 921.0022, Florida Statutes, are

25  amended to read:

26         921.0022  Criminal Punishment Code; offense severity

27  ranking chart.--

28         (3)  OFFENSE SEVERITY RANKING CHART

29  

30  

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  Florida           Felony

 2  Statute           Degree             Description

 3  

 4                              (a)  LEVEL 1

 5  24.118(3)(a)       3rd      Counterfeit or altered state

 6                              lottery ticket.

 7  212.054(2)(b)      3rd      Discretionary sales surtax;

 8                              limitations, administration, and

 9                              collection.

10  212.15(2)(b)       3rd      Failure to remit sales taxes,

11                              amount greater than $300 but less

12                              than $20,000.

13  316.1935(1)        3rd      Fleeing or attempting to elude

14                              law enforcement officer.

15  319.30(5)          3rd      Sell, exchange, give away

16                              certificate of title or

17                              identification number plate.

18  319.35(1)(a)       3rd      Tamper, adjust, change, etc., an

19                              odometer.

20  320.26(1)(a)       3rd      Counterfeit, manufacture, or sell

21                              registration license plates or

22                              validation stickers.

23  322.212

24   (1)(a)-(c)        3rd      Possession of forged, stolen,

25                              counterfeit, or unlawfully issued

26                              driver's license; possession of

27                              simulated identification.

28  322.212(4)         3rd      Supply or aid in supplying

29                              unauthorized driver's license or

30                              identification card.

31  

                                  6

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  322.212(5)(a)      3rd      False application for driver's

 2                              license or identification card.

 3  370.13(2)(c)1.     3rd      Molest any stone crab trap, line,

 4                              or buoy which is property of

 5                              licenseholder.

 6  370.135(1)         3rd      Molest any blue crab trap, line,

 7                              or buoy which is property of

 8                              licenseholder.

 9  372.663(1)         3rd      Poach any alligator or

10                              crocodilia.

11  414.39(2)          3rd      Unauthorized use, possession,

12                              forgery, or alteration of food

13                              stamps, Medicaid ID, value

14                              greater than $200.

15  414.39(3)(a)       3rd      Fraudulent misappropriation of

16                              public assistance funds by

17                              employee/official, value more

18                              than $200.

19  443.071(1)         3rd      False statement or representation

20                              to obtain or increase

21                              unemployment compensation

22                              benefits.

23  509.151(1)         3rd      Defraud an innkeeper, food or

24                              lodging value greater than $300.

25  517.302(1)         3rd      Violation of the Florida

26                              Securities and Investor

27                              Protection Act.

28  562.27(1)          3rd      Possess still or still apparatus.

29  713.69             3rd      Tenant removes property upon

30                              which lien has accrued, value

31                              more than $50.

                                  7

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  812.014(3)(c)      3rd      Petit theft (3rd conviction);

 2                              theft of any property not

 3                              specified in subsection (2).

 4  812.081(2)         3rd      Unlawfully makes or causes to be

 5                              made a reproduction of a trade

 6                              secret.

 7  815.04(4)(a)       3rd      Offense against intellectual

 8                              property (i.e., computer

 9                              programs, data).

10  817.52(2)          3rd      Hiring with intent to defraud,

11                              motor vehicle services.

12  817.569(2)         3rd      Use of public record or public

13                              records information to facilitate

14                              commission of a felony.

15  826.01             3rd      Bigamy.

16  828.122(3)         3rd      Fighting or baiting animals.

17  831.04(1)          3rd      Any erasure, alteration, etc., of

18                              any replacement deed, map, plat,

19                              or other document listed in s.

20                              92.28.

21  831.31(1)(a)       3rd      Sell, deliver, or possess

22                              counterfeit controlled

23                              substances, all but s. 893.03(5)

24                              drugs.

25  832.041(1)         3rd      Stopping payment with intent to

26                              defraud $150 or more.

27  832.05

28   (2)(b)&(4)(c)     3rd      Knowing, making, issuing

29                              worthless checks $150 or more or

30                              obtaining property in return for

31                              worthless check $150 or more.

                                  8

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  838.15(2)          3rd      Commercial bribe receiving.

 2  838.16             3rd      Commercial bribery.

 3  843.18             3rd      Fleeing by boat to elude a law

 4                              enforcement officer.

 5  847.011(1)(a)      3rd      Sell, distribute, etc., obscene,

 6                              lewd, etc., material (2nd

 7                              conviction).

 8  849.01             3rd      Keeping gambling house.

 9  849.09(1)(a)-(d)   3rd      Lottery; set up, promote, etc.,

10                              or assist therein, conduct or

11                              advertise drawing for prizes, or

12                              dispose of property or money by

13                              means of lottery.

14  849.23             3rd      Gambling-related machines;

15                              "common offender" as to property

16                              rights.

17  849.25(2)          3rd      Engaging in bookmaking.

18  860.08             3rd      Interfere with a railroad signal.

19  860.13(1)(a)       3rd      Operate aircraft while under the

20                              influence.

21  893.13(2)(a)2.     3rd      Purchase of cannabis.

22  893.13(6)(a)       3rd      Possession of cannabis (more than

23                              20 grams).

24  934.03(1)(a)       3rd      Intercepts, or procures any other

25                              person to intercept, any wire or

26                              oral communication.

27                              (c)  LEVEL 3

28  119.10(3)          3rd      Unlawful use of confidential

29                              information from police reports.

30  

31  

                                  9

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  316.066(3)

 2   (d)-(f)           3rd      Unlawfully obtaining or using

 3                              confidential crash reports.

 4  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

 5  316.1935(2)        3rd      Fleeing or attempting to elude

 6                              law enforcement officer in marked

 7                              patrol vehicle with siren and

 8                              lights activated.

 9  319.30(4)          3rd      Possession by junkyard of motor

10                              vehicle with identification

11                              number plate removed.

12  319.33(1)(a)       3rd      Alter or forge any certificate of

13                              title to a motor vehicle or

14                              mobile home.

15  319.33(1)(c)       3rd      Procure or pass title on stolen

16                              vehicle.

17  319.33(4)          3rd      With intent to defraud, possess,

18                              sell, etc., a blank, forged, or

19                              unlawfully obtained title or

20                              registration.

21  327.35(2)(b)       3rd      Felony BUI.

22  328.05(2)          3rd      Possess, sell, or counterfeit

23                              fictitious, stolen, or fraudulent

24                              titles or bills of sale of

25                              vessels.

26  328.07(4)          3rd      Manufacture, exchange, or possess

27                              vessel with counterfeit or wrong

28                              ID number.

29  

30  

31  

                                  10

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  370.12(1)(e)5.     3rd      Taking, disturbing, mutilating,

 2                              destroying, causing to be

 3                              destroyed, transferring, selling,

 4                              offering to sell, molesting, or

 5                              harassing marine turtles, marine

 6                              turtle eggs, or marine turtle

 7                              nests in violation of the Marine

 8                              Turtle Protection Act.

 9  370.12(1)(e)6.     3rd      Soliciting to commit or

10                              conspiring to commit a violation

11                              of the Marine Turtle Protection

12                              Act.

13  376.302(5)         3rd      Fraud related to reimbursement

14                              for cleanup expenses under the

15                              Inland Protection Trust Fund.

16  400.903(3)         3rd      Operating a clinic without a

17                              license or filing false license

18                              application or other required

19                              information.

20  440.105(3)(b)      3rd      Receipt of fee or consideration

21                              without approval by judge of

22                              compensation claims.

23  440.1051(3)        3rd      False report of workers'

24                              compensation fraud or retaliation

25                              for making such a report.

26  501.001(2)(b)      2nd      Tampers with a consumer product

27                              or the container using materially

28                              false/misleading information.

29  624.401(4)(a)      3rd      Transacting insurance without a

30                              certificate of authority.

31  

                                  11

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  624.401(4)(b)1.    3rd      Transacting insurance without a

 2                              certificate of authority; premium

 3                              collected less than $20,000.

 4  626.902(1)

 5   (a) & (b)         3rd      Representing an unauthorized

 6                              insurer.

 7  697.08             3rd      Equity skimming.

 8  790.15(3)          3rd      Person directs another to

 9                              discharge firearm from a vehicle.

10  796.05(1)          3rd      Live on earnings of a prostitute.

11  806.10(1)          3rd      Maliciously injure, destroy, or

12                              interfere with vehicles or

13                              equipment used in firefighting.

14  806.10(2)          3rd      Interferes with or assaults

15                              firefighter in performance of

16                              duty.

17  810.09(2)(c)       3rd      Trespass on property other than

18                              structure or conveyance armed

19                              with firearm or dangerous weapon.

20  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

21                              less than $10,000.

22  812.0145(2)(c)     3rd      Theft from person 65 years of age

23                              or older; $300 or more but less

24                              than $10,000.

25  815.04(4)(b)       2nd      Computer offense devised to

26                              defraud or obtain property.

27  817.034(4)(a)3.    3rd      Engages in scheme to defraud

28                              (Florida Communications Fraud

29                              Act), property valued at less

30                              than $20,000.

31  817.233            3rd      Burning to defraud insurer.

                                  12

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  817.234(8)

 2   (b)-(c)           3rd      Unlawful solicitation of persons

 3                              involved in motor vehicle

 4                              accidents.

 5  817.234(11)(a)     3rd      Insurance fraud; property value

 6                              less than $20,000.

 7  817.236            3rd      Filing a false motor vehicle

 8                              insurance application.

 9  817.2361           3rd      Creating, marketing, or

10                              presenting a false or fraudulent

11                              motor vehicle insurance card.

12  817.413(2)         3rd      Sale of used goods as new.

13  817.505(4)         3rd      Patient brokering.

14  828.12(2)          3rd      Tortures any animal with intent

15                              to inflict intense pain, serious

16                              physical injury, or death.

17  831.28(2)(a)       3rd      Counterfeiting a payment

18                              instrument with intent to defraud

19                              or possessing a counterfeit

20                              payment instrument.

21  831.29             2nd      Possession of instruments for

22                              counterfeiting drivers' licenses

23                              or identification cards.

24  838.021(3)(b)      3rd      Threatens unlawful harm to public

25                              servant.

26  843.19             3rd      Injure, disable, or kill police

27                              dog or horse.

28  860.15(3)          3rd      Overcharging for repairs and

29                              parts.

30  870.01(2)          3rd      Riot; inciting or encouraging.

31  

                                  13

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

 2                              cannabis (or other s.

 3                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 4                              (2)(c)3., (2)(c)5., (2)(c)6.,

 5                              (2)(c)7., (2)(c)8., (2)(c)9.,

 6                              (3), or (4) drugs).

 7  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

 8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 9                              (2)(c)3., (2)(c)5., (2)(c)6.,

10                              (2)(c)7., (2)(c)8., (2)(c)9.,

11                              (3), or (4) drugs within 1,000

12                              feet of university.

13  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

15                              (2)(c)3., (2)(c)5., (2)(c)6.,

16                              (2)(c)7., (2)(c)8., (2)(c)9.,

17                              (3), or (4) drugs within 1,000

18                              feet of public housing facility.

19  893.13(6)(a)       3rd      Possession of any controlled

20                              substance other than felony

21                              possession of cannabis.

22  893.13(7)(a)8.     3rd      Withhold information from

23                              practitioner regarding previous

24                              receipt of or prescription for a

25                              controlled substance.

26  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

27                              controlled substance by fraud,

28                              forgery, misrepresentation, etc.

29  893.13(7)(a)10.    3rd      Affix false or forged label to

30                              package of controlled substance.

31  

                                  14

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  893.13(7)(a)11.    3rd      Furnish false or fraudulent

 2                              material information on any

 3                              document or record required by

 4                              chapter 893.

 5  893.13(8)(a)1.     3rd      Knowingly assist a patient, other

 6                              person, or owner of an animal in

 7                              obtaining a controlled substance

 8                              through deceptive, untrue, or

 9                              fraudulent representations in or

10                              related to the practitioner's

11                              practice.

12  893.13(8)(a)2.     3rd      Employ a trick or scheme in the

13                              practitioner's practice to assist

14                              a patient, other person, or owner

15                              of an animal in obtaining a

16                              controlled substance.

17  893.13(8)(a)3.     3rd      Knowingly write a prescription

18                              for a controlled substance for a

19                              fictitious person.

20  893.13(8)(a)4.     3rd      Write a prescription for a

21                              controlled substance for a

22                              patient, other person, or an

23                              animal if the sole purpose of

24                              writing the prescription is a

25                              monetary benefit for the

26                              practitioner.

27  918.13(1)(a)       3rd      Alter, destroy, or conceal

28                              investigation evidence.

29  944.47

30   (1)(a)1.-2.       3rd      Introduce contraband to

31                              correctional facility.

                                  15

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  944.47(1)(c)       2nd      Possess contraband while upon the

 2                              grounds of a correctional

 3                              institution.

 4  985.3141           3rd      Escapes from a juvenile facility

 5                              (secure detention or residential

 6                              commitment facility).

 7                              (d)  LEVEL 4

 8  316.1935(3)(a)     2nd      Driving at high speed or with

 9                              wanton disregard for safety while

10                              fleeing or attempting to elude

11                              law enforcement officer who is in

12                              a marked patrol vehicle with

13                              siren and lights activated.

14  499.0051(1)        3rd      Failure to maintain or deliver

15                              pedigree papers.

16  499.0051(2)        3rd      Failure to authenticate pedigree

17                              papers.

18  499.0051(6)        2nd      Sale or delivery, or possession

19                              with intent to sell, contraband

20                              legend drugs.

21  784.07(2)(b)       3rd      Battery of law enforcement

22                              officer, firefighter, intake

23                              officer, etc.

24  784.074(1)(c)      3rd      Battery of sexually violent

25                              predators facility staff.

26  784.075            3rd      Battery on detention or

27                              commitment facility staff.

28  784.078            3rd      Battery of facility employee by

29                              throwing, tossing, or expelling

30                              certain fluids or materials.

31  

                                  16

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  784.08(2)(c)       3rd      Battery on a person 65 years of

 2                              age or older.

 3  784.081(3)         3rd      Battery on specified official or

 4                              employee.

 5  784.082(3)         3rd      Battery by detained person on

 6                              visitor or other detainee.

 7  784.083(3)         3rd      Battery on code inspector.

 8  784.085            3rd      Battery of child by throwing,

 9                              tossing, projecting, or expelling

10                              certain fluids or materials.

11  787.03(1)          3rd      Interference with custody;

12                              wrongly takes child from

13                              appointed guardian.

14  787.04(2)          3rd      Take, entice, or remove child

15                              beyond state limits with criminal

16                              intent pending custody

17                              proceedings.

18  787.04(3)          3rd      Carrying child beyond state lines

19                              with criminal intent to avoid

20                              producing child at custody

21                              hearing or delivering to

22                              designated person.

23  790.115(1)         3rd      Exhibiting firearm or weapon

24                              within 1,000 feet of a school.

25  790.115(2)(b)      3rd      Possessing electric weapon or

26                              device, destructive device, or

27                              other weapon on school property.

28  790.115(2)(c)      3rd      Possessing firearm on school

29                              property.

30  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

31                              offender less than 18 years.

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  810.02(4)(a)       3rd      Burglary, or attempted burglary,

 2                              of an unoccupied structure;

 3                              unarmed; no assault or battery.

 4  810.02(4)(b)       3rd      Burglary, or attempted burglary,

 5                              of an unoccupied conveyance;

 6                              unarmed; no assault or battery.

 7  810.06             3rd      Burglary; possession of tools.

 8  810.08(2)(c)       3rd      Trespass on property, armed with

 9                              firearm or dangerous weapon.

10  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

11                              or more but less than $20,000.

12  812.014

13   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

14                              firearm, motor vehicle,

15                              livestock, etc.

16  812.0195(2)        3rd      Dealing in stolen property by use

17                              of the Internet; property stolen

18                              $300 or more.

19  817.563(1)         3rd      Sell or deliver substance other

20                              than controlled substance agreed

21                              upon, excluding s. 893.03(5)

22                              drugs.

23  817.568(2)(a)      3rd      Fraudulent use of personal

24                              identification information.

25  817.625(2)(a)      3rd      Fraudulent use of scanning device

26                              or reencoder.

27  828.125(1)         2nd      Kill, maim, or cause great bodily

28                              harm or permanent breeding

29                              disability to any registered

30                              horse or cattle.

31  837.02(1)          3rd      Perjury in official proceedings.

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  837.021(1)         3rd      Make contradictory statements in

 2                              official proceedings.

 3  838.022            3rd      Official misconduct.

 4  839.13(2)(a)       3rd      Falsifying records of an

 5                              individual in the care and

 6                              custody of a state agency.

 7  839.13(2)(c)       3rd      Falsifying records of the

 8                              Department of Children and Family

 9                              Services.

10  843.021            3rd      Possession of a concealed

11                              handcuff key by a person in

12                              custody.

13  843.025            3rd      Deprive law enforcement,

14                              correctional, or correctional

15                              probation officer of means of

16                              protection or communication.

17  843.15(1)(a)       3rd      Failure to appear while on bail

18                              for felony (bond estreature or

19                              bond jumping).

20  874.05(1)          3rd      Encouraging or recruiting another

21                              to join a criminal street gang.

22  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

23                              893.03(1)(a), (b), or (d),

24                              (2)(a), (2)(b), or (2)(c)4.

25                              drugs).

26  914.14(2)          3rd      Witnesses accepting bribes.

27  914.22(1)          3rd      Force, threaten, etc., witness,

28                              victim, or informant.

29  914.23(2)          3rd      Retaliation against a witness,

30                              victim, or informant, no bodily

31                              injury.

                                  19

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  918.12             3rd      Tampering with jurors.

 2  934.215            3rd      Use of two-way communications

 3                              device to facilitate commission

 4                              of a crime.

 5                              (e)  LEVEL 5

 6  316.027(1)(a)      3rd      Accidents involving personal

 7                              injuries, failure to stop;

 8                              leaving scene.

 9  316.1935(4)(a)     2nd      Aggravated fleeing or eluding.

10  322.34(6)          3rd      Careless operation of motor

11                              vehicle with suspended license,

12                              resulting in death or serious

13                              bodily injury.

14  327.30(5)          3rd      Vessel accidents involving

15                              personal injury; leaving scene.

16  381.0041

17   (11)(b)           3rd      Donate blood, plasma, or organs

18                              knowing HIV positive.

19  440.10(1)(g)       2nd      Failure to obtain workers'

20                              compensation coverage.

21  440.105(5)         2nd      Unlawful solicitation for the

22                              purpose of making workers'

23                              compensation claims.

24  440.381(2)         2nd      Submission of false, misleading,

25                              or incomplete information with

26                              the purpose of avoiding or

27                              reducing workers' compensation

28                              premiums.

29  

30  

31  

                                  20

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  624.401(4)(b)2.    2nd      Transacting insurance without a

 2                              certificate or authority; premium

 3                              collected $20,000 or more but

 4                              less than $100,000.

 5  626.902(1)(c)      2nd      Representing an unauthorized

 6                              insurer; repeat offender.

 7  790.01(2)          3rd      Carrying a concealed firearm.

 8  790.162            2nd      Threat to throw or discharge

 9                              destructive device.

10  790.163(1)         2nd      False report of deadly explosive

11                              or weapon of mass destruction.

12  790.221(1)         2nd      Possession of short-barreled

13                              shotgun or machine gun.

14  790.23             2nd      Felons in possession of firearms

15                              or electronic weapons or devices.

16  800.04(6)(c)       3rd      Lewd or lascivious conduct;

17                              offender less than 18 years.

18  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

19                              offender 18 years or older.

20  806.111(1)         3rd      Possess, manufacture, or dispense

21                              fire bomb with intent to damage

22                              any structure or property.

23  812.0145(2)(b)     2nd      Theft from person 65 years of age

24                              or older; $10,000 or more but

25                              less than $50,000.

26  812.015(8)         3rd      Retail theft; property stolen is

27                              valued at $300 or more and one or

28                              more specified acts.

29  812.019(1)         2nd      Stolen property; dealing in or

30                              trafficking in.

31  812.131(2)(b)      3rd      Robbery by sudden snatching.

                                  21

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  812.16(2)          3rd      Owning, operating, or conducting

 2                              a chop shop.

 3  817.034(4)(a)2.    2nd      Communications fraud, value

 4                              $20,000 to $50,000.

 5  817.234(11)(b)     2nd      Insurance fraud; property value

 6                              $20,000 or more but less than

 7                              $100,000.

 8  817.2341(1),

 9   (2)(a)&(3)(a)     3rd      Filing false financial

10                              statements, making false entries

11                              of material fact or false

12                              statements regarding property

13                              values relating to the solvency

14                              of an insuring entity.

15  817.568(2)(b)      2nd      Fraudulent use of personal

16                              identification information; value

17                              of benefit, services received,

18                              payment avoided, or amount of

19                              injury or fraud, $5,000 or more

20                              or use of personal identification

21                              information of 10 or more

22                              individuals.

23  817.625(2)(b)      2nd      Second or subsequent fraudulent

24                              use of scanning device or

25                              reencoder.

26  825.1025(4)        3rd      Lewd or lascivious exhibition in

27                              the presence of an elderly person

28                              or disabled adult.

29  

30  

31  

                                  22

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  827.071(4)         2nd      Possess with intent to promote

 2                              any photographic material, motion

 3                              picture, etc., which includes

 4                              sexual conduct by a child.

 5  839.13(2)(b)       2nd      Falsifying records of an

 6                              individual in the care and

 7                              custody of a state agency

 8                              involving great bodily harm or

 9                              death.

10  843.01             3rd      Resist officer with violence to

11                              person; resist arrest with

12                              violence.

13  874.05(2)          2nd      Encouraging or recruiting another

14                              to join a criminal street gang;

15                              second or subsequent offense.

16  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

17                              cocaine (or other s.

18                              893.03(1)(a), (1)(b), (1)(d),

19                              (2)(a), (2)(b), or (2)(c)4.

20                              drugs).

21  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

22                              cannabis (or other s.

23                              893.03(1)(c), (2)(c)1., (2)(c)2.,

24                              (2)(c)3., (2)(c)5., (2)(c)6.,

25                              (2)(c)7., (2)(c)8., (2)(c)9.,

26                              (3), or (4) drugs) within 1,000

27                              feet of a child care facility,

28                              school, or state, county, or

29                              municipal park or publicly owned

30                              recreational facility or

31                              community center.

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

 2                              cocaine (or other s.

 3                              893.03(1)(a), (1)(b), (1)(d),

 4                              (2)(a), (2)(b), or (2)(c)4.

 5                              drugs) within 1,000 feet of

 6                              university.

 7  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

 8                              cannabis or other drug prohibited

 9                              under s. 893.03(1)(c), (2)(c)1.,

10                              (2)(c)2., (2)(c)3., (2)(c)5.,

11                              (2)(c)6., (2)(c)7., (2)(c)8.,

12                              (2)(c)9., (3), or (4) within

13                              1,000 feet of property used for

14                              religious services or a specified

15                              business site.

16  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

17                              cocaine (or other s.

18                              893.03(1)(a), (1)(b), (1)(d), or

19                              (2)(a), (2)(b), or (2)(c)4.

20                              drugs) within 1,000 feet of

21                              public housing facility.

22  893.13(4)(b)       2nd      Deliver to minor cannabis (or

23                              other s. 893.03(1)(c), (2)(c)1.,

24                              (2)(c)2., (2)(c)3., (2)(c)5.,

25                              (2)(c)6., (2)(c)7., (2)(c)8.,

26                              (2)(c)9., (3), or (4) drugs).

27                              (g)  LEVEL 7

28  316.027(1)(b)      2nd      Accident involving death, failure

29                              to stop; leaving scene.

30  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

31                              injury.

                                  24

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  316.1935(3)(b)     1st      Causing serious bodily injury or

 2                              death to another person; driving

 3                              at high speed or with wanton

 4                              disregard for safety while

 5                              fleeing or attempting to elude

 6                              law enforcement officer who is in

 7                              a patrol vehicle with siren and

 8                              lights activated.

 9  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

10                              bodily injury.

11  402.319(2)         2nd      Misrepresentation and negligence

12                              or intentional act resulting in

13                              great bodily harm, permanent

14                              disfiguration, permanent

15                              disability, or death.

16  409.920(2)         3rd      Medicaid provider fraud.

17  456.065(2)         3rd      Practicing a health care

18                              profession without a license.

19  456.065(2)         2nd      Practicing a health care

20                              profession without a license

21                              which results in serious bodily

22                              injury.

23  458.327(1)         3rd      Practicing medicine without a

24                              license.

25  459.013(1)         3rd      Practicing osteopathic medicine

26                              without a license.

27  460.411(1)         3rd      Practicing chiropractic medicine

28                              without a license.

29  461.012(1)         3rd      Practicing podiatric medicine

30                              without a license.

31  

                                  25

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  462.17             3rd      Practicing naturopathy without a

 2                              license.

 3  463.015(1)         3rd      Practicing optometry without a

 4                              license.

 5  464.016(1)         3rd      Practicing nursing without a

 6                              license.

 7  465.015(2)         3rd      Practicing pharmacy without a

 8                              license.

 9  466.026(1)         3rd      Practicing dentistry or dental

10                              hygiene without a license.

11  467.201            3rd      Practicing midwifery without a

12                              license.

13  468.366            3rd      Delivering respiratory care

14                              services without a license.

15  483.828(1)         3rd      Practicing as clinical laboratory

16                              personnel without a license.

17  483.901(9)         3rd      Practicing medical physics

18                              without a license.

19  484.013(1)(c)      3rd      Preparing or dispensing optical

20                              devices without a prescription.

21  484.053            3rd      Dispensing hearing aids without a

22                              license.

23  494.0018(2)        1st      Conviction of any violation of

24                              ss. 494.001-494.0077 in which the

25                              total money and property

26                              unlawfully obtained exceeded

27                              $50,000 and there were five or

28                              more victims.

29  

30  

31  

                                  26

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  560.123(8)(b)1.    3rd      Failure to report currency or

 2                              payment instruments exceeding

 3                              $300 but less than $20,000 by

 4                              money transmitter.

 5  560.125(5)(a)      3rd      Money transmitter business by

 6                              unauthorized person, currency or

 7                              payment instruments exceeding

 8                              $300 but less than $20,000.

 9  655.50(10)(b)1.    3rd      Failure to report financial

10                              transactions exceeding $300 but

11                              less than $20,000 by financial

12                              institution.

13  782.051(3)         2nd      Attempted felony murder of a

14                              person by a person other than the

15                              perpetrator or the perpetrator of

16                              an attempted felony.

17  782.07(1)          2nd      Killing of a human being by the

18                              act, procurement, or culpable

19                              negligence of another

20                              (manslaughter).

21  782.071            2nd      Killing of human being or viable

22                              fetus by the operation of a motor

23                              vehicle in a reckless manner

24                              (vehicular homicide).

25  782.072            2nd      Killing of a human being by the

26                              operation of a vessel in a

27                              reckless manner (vessel

28                              homicide).

29  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

30                              causing great bodily harm or

31                              disfigurement.

                                  27

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

 2                              weapon.

 3  784.045(1)(b)      2nd      Aggravated battery; perpetrator

 4                              aware victim pregnant.

 5  784.048(4)         3rd      Aggravated stalking; violation of

 6                              injunction or court order.

 7  784.07(2)(d)       1st      Aggravated battery on law

 8                              enforcement officer.

 9  784.074(1)(a)      1st      Aggravated battery on sexually

10                              violent predators facility staff.

11  784.08(2)(a)       1st      Aggravated battery on a person 65

12                              years of age or older.

13  784.081(1)         1st      Aggravated battery on specified

14                              official or employee.

15  784.082(1)         1st      Aggravated battery by detained

16                              person on visitor or other

17                              detainee.

18  784.083(1)         1st      Aggravated battery on code

19                              inspector.

20  790.07(4)          1st      Specified weapons violation

21                              subsequent to previous conviction

22                              of s. 790.07(1) or (2).

23  790.16(1)          1st      Discharge of a machine gun under

24                              specified circumstances.

25  790.165(2)         2nd      Manufacture, sell, possess, or

26                              deliver hoax bomb.

27  790.165(3)         2nd      Possessing, displaying, or

28                              threatening to use any hoax bomb

29                              while committing or attempting to

30                              commit a felony.

31  

                                  28

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  790.166(3)         2nd      Possessing, selling, using, or

 2                              attempting to use a hoax weapon

 3                              of mass destruction.

 4  790.166(4)         2nd      Possessing, displaying, or

 5                              threatening to use a hoax weapon

 6                              of mass destruction while

 7                              committing or attempting to

 8                              commit a felony.

 9  796.03             2nd      Procuring any person under 16

10                              years for prostitution.

11  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

12                              victim less than 12 years of age;

13                              offender less than 18 years.

14  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

15                              victim 12 years of age or older

16                              but less than 16 years; offender

17                              18 years or older.

18  806.01(2)          2nd      Maliciously damage structure by

19                              fire or explosive.

20  810.02(3)(a)       2nd      Burglary of occupied dwelling;

21                              unarmed; no assault or battery.

22  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

23                              unarmed; no assault or battery.

24  810.02(3)(d)       2nd      Burglary of occupied conveyance;

25                              unarmed; no assault or battery.

26  812.014(2)(a)      1st      Property stolen, valued at

27                              $100,000 or more; cargo stolen

28                              valued at $50,000 or more;

29                              property stolen while causing

30                              other property damage; 1st degree

31                              grand theft.

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  812.014(2)(b)3.    2nd      Property stolen, emergency

 2                              medical equipment; 2nd degree

 3                              grand theft.

 4  812.0145(2)(a)     1st      Theft from person 65 years of age

 5                              or older; $50,000 or more.

 6  812.019(2)         1st      Stolen property; initiates,

 7                              organizes, plans, etc., the theft

 8                              of property and traffics in

 9                              stolen property.

10  812.131(2)(a)      2nd      Robbery by sudden snatching.

11  812.133(2)(b)      1st      Carjacking; no firearm, deadly

12                              weapon, or other weapon.

13  817.234(8)(a)      2nd      Solicitation of motor vehicle

14                              accident victims with intent to

15                              defraud.

16  817.234(9)         2nd      Organizing, planning, or

17                              participating in an intentional

18                              motor vehicle collision.

19  817.234(11)(c)     1st      Insurance fraud; property value

20                              $100,000 or more.

21  817.2341(2)(b)&

22   (3)(b)            1st      Making false entries of material

23                              fact or false statements

24                              regarding property values

25                              relating to the solvency of an

26                              insuring entity which are a

27                              significant cause of the

28                              insolvency of that entity.

29  

30  

31  

                                  30

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  825.102(3)(b)      2nd      Neglecting an elderly person or

 2                              disabled adult causing great

 3                              bodily harm, disability, or

 4                              disfigurement.

 5  825.103(2)(b)      2nd      Exploiting an elderly person or

 6                              disabled adult and property is

 7                              valued at $20,000 or more, but

 8                              less than $100,000.

 9  827.03(3)(b)       2nd      Neglect of a child causing great

10                              bodily harm, disability, or

11                              disfigurement.

12  827.04(3)          3rd      Impregnation of a child under 16

13                              years of age by person 21 years

14                              of age or older.

15  837.05(2)          3rd      Giving false information about

16                              alleged capital felony to a law

17                              enforcement officer.

18  838.015            2nd      Bribery.

19  838.016            2nd      Unlawful compensation or reward

20                              for official behavior.

21  838.021(3)(a)      2nd      Unlawful harm to a public

22                              servant.

23  838.22             2nd      Bid tampering.

24  872.06             2nd      Abuse of a dead human body.

25  

26  

27  

28  

29  

30  

31  

                                  31

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

 2                              cocaine (or other drug prohibited

 3                              under s. 893.03(1)(a), (1)(b),

 4                              (1)(d), (2)(a), (2)(b), or

 5                              (2)(c)4.) within 1,000 feet of a

 6                              child care facility, school, or

 7                              state, county, or municipal park

 8                              or publicly owned recreational

 9                              facility or community center.

10  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

11                              cocaine or other drug prohibited

12                              under s. 893.03(1)(a), (1)(b),

13                              (1)(d), (2)(a), (2)(b), or

14                              (2)(c)4., within 1,000 feet of

15                              property used for religious

16                              services or a specified business

17                              site.

18  893.13(4)(a)       1st      Deliver to minor cocaine (or

19                              other s. 893.03(1)(a), (1)(b),

20                              (1)(d), (2)(a), (2)(b), or

21                              (2)(c)4. drugs).

22  893.135(1)(a)1.    1st      Trafficking in cannabis, more

23                              than 25 lbs., less than 2,000

24                              lbs.

25  893.135

26   (1)(b)1.a.        1st      Trafficking in cocaine, more than

27                              28 grams, less than 200 grams.

28  893.135

29   (1)(c)1.a.        1st      Trafficking in illegal drugs,

30                              more than 4 grams, less than 14

31                              grams.

                                  32

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  893.135

 2   (1)(d)1.          1st      Trafficking in phencyclidine,

 3                              more than 28 grams, less than 200

 4                              grams.

 5  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

 6                              than 200 grams, less than 5

 7                              kilograms.

 8  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

 9                              than 14 grams, less than 28

10                              grams.

11  893.135

12   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

13                              grams or more, less than 14

14                              grams.

15  893.135

16   (1)(h)1.a.        1st      Trafficking in

17                              gamma-hydroxybutyric acid (GHB),

18                              1 kilogram or more, less than 5

19                              kilograms.

20  893.135

21   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

22                              kilogram or more, less than 5

23                              kilograms.

24  893.135

25   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

26                              10 grams or more, less than 200

27                              grams.

28  896.101(5)(a)      3rd      Money laundering, financial

29                              transactions exceeding $300 but

30                              less than $20,000.

31  

                                  33

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  896.104(4)(a)1.    3rd      Structuring transactions to evade

 2                              reporting or registration

 3                              requirements, financial

 4                              transactions exceeding $300 but

 5                              less than $20,000.

 6                              (h)  LEVEL 8

 7  316.193

 8   (3)(c)3.a.        2nd      DUI manslaughter.

 9  316.1935(4)(b)     1st      Aggravated fleeing or attempted

10                              eluding with serious bodily

11                              injury or death.

12  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

13  499.0051(7)        1st      Forgery of prescription or legend

14                              drug labels.

15  499.0052           1st      Trafficking in contraband legend

16                              drugs.

17  560.123(8)(b)2.    2nd      Failure to report currency or

18                              payment instruments totaling or

19                              exceeding $20,000, but less than

20                              $100,000 by money transmitter.

21  560.125(5)(b)      2nd      Money transmitter business by

22                              unauthorized person, currency or

23                              payment instruments totaling or

24                              exceeding $20,000, but less than

25                              $100,000.

26  655.50(10)(b)2.    2nd      Failure to report financial

27                              transactions totaling or

28                              exceeding $20,000, but less than

29                              $100,000 by financial

30                              institutions.

31  

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  777.03(2)(a)       1st      Accessory after the fact, capital

 2                              felony.

 3  782.04(4)          2nd      Killing of human without design

 4                              when engaged in act or attempt of

 5                              any felony other than arson,

 6                              sexual battery, robbery,

 7                              burglary, kidnapping, aircraft

 8                              piracy, or unlawfully discharging

 9                              bomb.

10  782.051(2)         1st      Attempted felony murder while

11                              perpetrating or attempting to

12                              perpetrate a felony not

13                              enumerated in s. 782.04(3).

14  782.071(1)(b)      1st      Committing vehicular homicide and

15                              failing to render aid or give

16                              information.

17  782.072(2)         1st      Committing vessel homicide and

18                              failing to render aid or give

19                              information.

20  790.161(3)         1st      Discharging a destructive device

21                              which results in bodily harm or

22                              property damage.

23  794.011(5)         2nd      Sexual battery, victim 12 years

24                              or over, offender does not use

25                              physical force likely to cause

26                              serious injury.

27  800.04(4)          2nd      Lewd or lascivious battery.

28  806.01(1)          1st      Maliciously damage dwelling or

29                              structure by fire or explosive,

30                              believing person in structure.

31  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

                                  35

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

 2                              or dangerous weapon.

 3  810.02(2)(c)       1st      Burglary of a dwelling or

 4                              structure causing structural

 5                              damage or $1,000 or more property

 6                              damage.

 7  812.13(2)(b)       1st      Robbery with a weapon.

 8  812.135(2)         1st      Home-invasion robbery.

 9  817.568(6)         2nd      Fraudulent use of personal

10                              identification information of an

11                              individual under the age of 18.

12  825.102(2)         2nd      Aggravated abuse of an elderly

13                              person or disabled adult.

14  825.1025(2)        2nd      Lewd or lascivious battery upon

15                              an elderly person or disabled

16                              adult.

17  825.103(2)(a)      1st      Exploiting an elderly person or

18                              disabled adult and property is

19                              valued at $100,000 or more.

20  837.02(2)          2nd      Perjury in official proceedings

21                              relating to prosecution of a

22                              capital felony.

23  837.021(2)         2nd      Making contradictory statements

24                              in official proceedings relating

25                              to prosecution of a capital

26                              felony.

27  860.121(2)(c)      1st      Shooting at or throwing any

28                              object in path of railroad

29                              vehicle resulting in great bodily

30                              harm.

31  860.16             1st      Aircraft piracy.

                                  36

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  893.13(1)(b)       1st      Sell or deliver in excess of 10

 2                              grams of any substance specified

 3                              in s. 893.03(1)(a) or (b).

 4  893.13(2)(b)       1st      Purchase in excess of 10 grams of

 5                              any substance specified in s.

 6                              893.03(1)(a) or (b).

 7  893.13(6)(c)       1st      Possess in excess of 10 grams of

 8                              any substance specified in s.

 9                              893.03(1)(a) or (b).

10  893.135(1)(a)2.    1st      Trafficking in cannabis, more

11                              than 2,000 lbs., less than 10,000

12                              lbs.

13  893.135

14   (1)(b)1.b.        1st      Trafficking in cocaine, more than

15                              200 grams, less than 400 grams.

16  893.135

17   (1)(c)1.b.        1st      Trafficking in illegal drugs,

18                              more than 14 grams, less than 28

19                              grams.

20  893.135

21   (1)(d)1.b.        1st      Trafficking in phencyclidine,

22                              more than 200 grams, less than

23                              400 grams.

24  893.135

25   (1)(e)1.b.        1st      Trafficking in methaqualone, more

26                              than 5 kilograms, less than 25

27                              kilograms.

28  893.135

29   (1)(f)1.b.        1st      Trafficking in amphetamine, more

30                              than 28 grams, less than 200

31                              grams.

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  893.135

 2   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

 3                              grams or more, less than 28

 4                              grams.

 5  893.135

 6   (1)(h)1.b.        1st      Trafficking in

 7                              gamma-hydroxybutyric acid (GHB),

 8                              5 kilograms or more, less than 10

 9                              kilograms.

10  893.135

11   (1)(j)1.b.        1st      Trafficking in 1,4-Butanediol, 5

12                              kilograms or more, less than 10

13                              kilograms.

14  893.135

15   (1)(k)2.b.        1st      Trafficking in Phenethylamines,

16                              200 grams or more, less than 400

17                              grams.

18  895.03(1)          1st      Use or invest proceeds derived

19                              from pattern of racketeering

20                              activity.

21  895.03(2)          1st      Acquire or maintain through

22                              racketeering activity any

23                              interest in or control of any

24                              enterprise or real property.

25  895.03(3)          1st      Conduct or participate in any

26                              enterprise through pattern of

27                              racketeering activity.

28  896.101(5)(b)      2nd      Money laundering, financial

29                              transactions totaling or

30                              exceeding $20,000, but less than

31                              $100,000.

                                  38

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1  896.104(4)(a)2.    2nd      Structuring transactions to evade

 2                              reporting or registration

 3                              requirements, financial

 4                              transactions totaling or

 5                              exceeding $20,000 but less than

 6                              $100,000.

 7         Section 3.  For the purpose of incorporating the

 8  amendment to section 316.1935, Florida Statutes, in a

 9  reference thereto, section 318.17, Florida Statutes, is

10  reenacted to read:

11         318.17  Offenses excepted.--No provision of this

12  chapter is available to a person who is charged with any of

13  the following offenses:

14         (1)  Fleeing or attempting to elude a police officer,

15  in violation of s. 316.1935;

16         (2)  Leaving the scene of a crash, in violation of ss.

17  316.027 and 316.061;

18         (3)  Driving, or being in actual physical control of,

19  any vehicle while under the influence of alcoholic beverages,

20  any chemical substance set forth in s. 877.111, or any

21  substance controlled under chapter 893, in violation of s.

22  316.193, or driving with an unlawful blood-alcohol level;

23         (4)  Reckless driving, in violation of s. 316.192;

24         (5)  Making false crash reports, in violation of s.

25  316.067;

26         (6)  Willfully failing or refusing to comply with any

27  lawful order or direction of any police officer or member of

28  the fire department, in violation of s. 316.072(3);

29         (7)  Obstructing an officer, in violation of s.

30  316.545(1); or

31  

                                  39

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    Florida Senate - 2004                                  SB 1322
    7-678-04                                            See HB 295




 1         (8)  Any other offense in chapter 316 which is

 2  classified as a criminal violation.

 3         Section 4.  For the purpose of incorporating the

 4  amendment to section 316.1935, Florida Statutes, in a

 5  reference thereto, subsection (1) of section 322.61, Florida

 6  Statutes, is reenacted to read:

 7         322.61  Disqualification from operating a commercial

 8  motor vehicle.--

 9         (1)  A person who, within a 3-year period, is convicted

10  of two of the following serious traffic violations or any

11  combination thereof, arising in separate incidents committed

12  in a commercial motor vehicle shall, in addition to any other

13  applicable penalties, be disqualified from operating a

14  commercial motor vehicle for a period of 60 days:

15         (a)  A violation of any state or local law relating to

16  motor vehicle traffic control, other than a parking violation,

17  a weight violation, or a vehicle equipment violation, arising

18  in connection with a crash resulting in death or personal

19  injury to any person;

20         (b)  Reckless driving, as defined in s. 316.192;

21         (c)  Careless driving, as defined in s. 316.1925;

22         (d)  Fleeing or attempting to elude a law enforcement

23  officer, as defined in s. 316.1935;

24         (e)  Unlawful speed of 15 miles per hour or more above

25  the posted speed limit;

26         (f)  Driving a commercial motor vehicle, owned by such

27  person, which is not properly insured;

28         (g)  Improper lane change, as defined in s. 316.085; or

29         (h)  Following too closely, as defined in s. 316.0895.

30         Section 5.  This act shall take effect July 1, 2004,

31  and shall apply to offenses committed on or after that date.

                                  40

CODING: Words stricken are deletions; words underlined are additions.

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