Bill Text: FL S1404 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Florida Communications Fraud Act

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/HB 1173 (Ch. 2013-208) [S1404 Detail]

Download: Florida-2013-S1404-Introduced.html
       Florida Senate - 2013                                    SB 1404
       
       
       
       By Senator Stargel
       
       
       
       
       15-01373-13                                           20131404__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Communications Fraud
    3         Act; amending s. 817.034, F.S.; establishing a statute
    4         of limitations for criminal and civil causes of
    5         actions under the act; specifying circumstances that
    6         toll the statute of limitations; amending s. 921.0022,
    7         F.S.; increasing the severity of a violation of the
    8         act for purposes of the criminal punishment code;
    9         providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (d) is added to subsection (4) of
   14  section 817.034, Florida Statutes, to read:
   15         817.034 Florida Communications Fraud Act.—
   16         (4) OFFENSES.—
   17         (d) Notwithstanding any other provision of law, a criminal
   18  action, civil action, or proceeding under this act may be
   19  commenced at any time within 5 years after the cause of action
   20  accrues; however, in a criminal action under this act, the
   21  period of limitation does not run during any time when the
   22  defendant is continuously absent from the state or is without a
   23  reasonably ascertainable place of abode or work within the
   24  state, but in no case shall this extend the period of limitation
   25  otherwise applicable by more than 1 year. If a criminal action,
   26  civil action, or other proceeding is brought or intervened in to
   27  punish, prevent, or restrain any violation of this act, the
   28  running of the period of limitation prescribed by this
   29  subsection with respect to any cause of action arising under
   30  this act which is based in whole or in part upon any matter
   31  complained of in any such action or proceeding shall be
   32  suspended during the pendency of such action or proceeding and
   33  for 2 years following its termination.
   34         Section 2. Paragraphs (f) and (g) of subsection (3) of
   35  section 921.0022, Florida Statutes, are amended to read:
   36         921.0022 Criminal Punishment Code; offense severity ranking
   37  chart.—
   38         (3) OFFENSE SEVERITY RANKING CHART
   39         (f) LEVEL 6
   40  FloridaStatute   FelonyDegree                Description                 
   41  316.193(2)(b)      3rd   Felony DUI, 4th or subsequent conviction.   
   42  499.0051(3)        2nd   Knowing forgery of pedigree papers.         
   43  499.0051(4)        2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
   44  499.0051(5)        2nd   Knowing sale or transfer of prescription drug to unauthorized person.
   45  775.0875(1)        3rd   Taking firearm from law enforcement officer.
   46  784.021(1)(a)      3rd   Aggravated assault; deadly weapon without intent to kill.
   47  784.021(1)(b)      3rd   Aggravated assault; intent to commit felony.
   48  784.041            3rd   Felony battery; domestic battery by strangulation.
   49  784.048(3)         3rd   Aggravated stalking; credible threat.       
   50  784.048(5)         3rd   Aggravated stalking of person under 16.     
   51  784.07(2)(c)       2nd   Aggravated assault on law enforcement officer.
   52  784.074(1)(b)      2nd   Aggravated assault on sexually violent predators facility staff.
   53  784.08(2)(b)       2nd   Aggravated assault on a person 65 years of age or older.
   54  784.081(2)         2nd   Aggravated assault on specified official or employee.
   55  784.082(2)         2nd   Aggravated assault by detained person on visitor or other detainee.
   56  784.083(2)         2nd   Aggravated assault on code inspector.       
   57  787.02(2)          3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
   58  790.115(2)(d)      2nd   Discharging firearm or weapon on school property.
   59  790.161(2)         2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
   60  790.164(1)         2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
   61  790.19             2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
   62  794.011(8)(a)      3rd   Solicitation of minor to participate in sexual activity by custodial adult.
   63  794.05(1)          2nd   Unlawful sexual activity with specified minor.
   64  800.04(5)(d)       3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
   65  800.04(6)(b)       2nd   Lewd or lascivious conduct; offender 18 years of age or older.
   66  806.031(2)         2nd   Arson resulting in great bodily harm to firefighter or any other person.
   67  810.02(3)(c)       2nd   Burglary of occupied structure; unarmed; no assault or battery.
   68  810.145(8)(b)      2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
   69  812.014(2)(b)1.    2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
   70  812.014(6)         2nd   Theft; property stolen $3,000 or more; coordination of others.
   71  812.015(9)(a)      2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
   72  812.015(9)(b)      2nd   Retail theft; property stolen $3,000 or more; coordination of others.
   73  812.13(2)(c)       2nd   Robbery, no firearm or other weapon (strong-arm robbery).
   74  817.034(4)(a)1.    1st   Communications fraud, value greater than $50,000.
   75  817.4821(5)        2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
   76  825.102(1)         3rd   Abuse of an elderly person or disabled adult.
   77  825.102(3)(c)      3rd   Neglect of an elderly person or disabled adult.
   78  825.1025(3)        3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
   79  825.103(2)(c)      3rd   Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
   80  827.03(2)(c)       3rd   Abuse of a child.                           
   81  827.03(2)(d)       3rd   Neglect of a child.                         
   82  827.071(2) & (3)   2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
   83  836.05             2nd   Threats; extortion.                         
   84  836.10             2nd   Written threats to kill or do bodily injury.
   85  843.12             3rd   Aids or assists person to escape.           
   86  847.011            3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
   87  847.012            3rd   Knowingly using a minor in the production of materials harmful to minors.
   88  847.0135(2)        3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
   89  914.23             2nd   Retaliation against a witness, victim, or informant, with bodily injury.
   90  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.
   91  944.40             2nd   Escapes.                                    
   92  944.46             3rd   Harboring, concealing, aiding escaped prisoners.
   93  944.47(1)(a)5.     2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
   94  951.22(1)          3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
   95         (g) LEVEL 7
   96  FloridaStatute   FelonyDegree                Description                
   97  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
   98  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
   99  316.1935(3)(b)      1st   Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  100  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  101  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  102  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  103  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  104  456.065(2)          3rd   Practicing a health care profession without a license.
  105  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  106  458.327(1)          3rd   Practicing medicine without a license.     
  107  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  108  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  109  461.012(1)          3rd   Practicing podiatric medicine without a license.
  110  462.17              3rd   Practicing naturopathy without a license.  
  111  463.015(1)          3rd   Practicing optometry without a license.    
  112  464.016(1)          3rd   Practicing nursing without a license.      
  113  465.015(2)          3rd   Practicing pharmacy without a license.     
  114  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  115  467.201             3rd   Practicing midwifery without a license.    
  116  468.366             3rd   Delivering respiratory care services without a license.
  117  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  118  483.901(9)          3rd   Practicing medical physics without a license.
  119  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  120  484.053             3rd   Dispensing hearing aids without a license. 
  121  494.0018(2)         1st   Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
  122  560.123(8)(b)1.     3rd   Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
  123  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  124  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  125  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  126  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  127  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  128  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  129  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  130  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  131  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  132  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  133  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  134  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  135  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
  136  784.048(7)          3rd   Aggravated stalking; violation of court order.
  137  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
  138  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  139  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  140  784.081(1)          1st   Aggravated battery on specified official or employee.
  141  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  142  784.083(1)          1st   Aggravated battery on code inspector.      
  143  787.06(3)(a)        1st   Human trafficking using coercion for labor and services.
  144  787.06(3)(e)        1st   Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
  145  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  146  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  147  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  148  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  149  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  150  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  151  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  152  794.08(4)           3rd   Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
  153  796.03              2nd   Procuring any person under 16 years for prostitution.
  154  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  155  800.04(5)(c)2.      2nd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
  156  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  157  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  158  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  159  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  160  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  161  812.014(2)(a)1.     1st   Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
  162  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  163  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  164  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  165  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
  166  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  167  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  168  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  169  817.034(4)(a)1.     1st   Communications fraud, value greater than $50,000.
  170  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  171  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  172  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  173  817.2341 (2)(b) & (3)(b)   1st   Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
  174  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  175  825.103(2)(b)       2nd   Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
  176  827.03(2)(b)        2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  177  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  178  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  179  838.015             2nd   Bribery.                                   
  180  838.016             2nd   Unlawful compensation or reward for official behavior.
  181  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  182  838.22              2nd   Bid tampering.                             
  183  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  184  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  185  872.06              2nd   Abuse of a dead human body.                
  186  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  187  893.13(1)(c)1.      1st   Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  188  893.13(1)(e)1.      1st   Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
  189  893.13(4)(a)        1st   Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  190  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  191  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  192  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  193  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  194  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  195  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  196  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  197  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  198  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  199  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  200  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  201  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  202  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  203  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  204  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  205  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  206  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  207  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  208  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  209  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  210  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  211  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  212  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  213  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  214  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  215         Section 3. This act shall take effect October 1, 2013.

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