Bill Text: FL S0796 | 2022 | Regular Session | Comm Sub
Bill Title: Tampering with or Fabricating Physical Evidence
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-03-02 - Laid on Table, refer to CS/HB 287 [S0796 Detail]
Download: Florida-2022-S0796-Comm_Sub.html
Florida Senate - 2022 CS for SB 796
By the Committee on Criminal Justice; and Senator Bradley
591-02277-22 2022796c1
1 A bill to be entitled
2 An act relating to tampering with or fabricating
3 physical evidence; amending s. 918.13, F.S.; providing
4 enhanced criminal penalties for tampering with or
5 fabricating physical evidence in certain criminal
6 proceedings and investigations; amending s. 921.0022,
7 F.S.; ranking offenses on the offense severity ranking
8 chart of the Criminal Punishment Code; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 918.13, Florida Statutes, is amended to
14 read:
15 918.13 Tampering with or fabricating physical evidence.—
16 (1) It is unlawful for any No person, knowing that a
17 criminal trial, or proceeding, or an investigation by a duly
18 constituted prosecuting authority, law enforcement agency, grand
19 jury or legislative committee of this state is pending or is
20 about to be instituted, to shall:
21 (a) Alter, destroy, conceal, or remove any record,
22 document, or other item thing with the purpose to impair its
23 verity or availability in such proceeding or investigation; or
24 (b) Make, present, or use any record, document, or other
25 item thing, knowing it to be false.
26 (2)(a) Except as provided in paragraph (b), a Any person
27 who violates subsection (1) commits any provision of this
28 section shall be guilty of a felony of the third degree,
29 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
30 (b) A person who violates subsection (1) relating to a
31 criminal trial, proceeding, or investigation that relates to a
32 capital felony commits a felony of the second degree, punishable
33 as provided in s. 775.082, s. 775.083, or s. 775.084.
34 Section 2. Paragraphs (c) and (f) 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 (c) LEVEL 3
40
41
42 FloridaStatute FelonyDegree Description
43 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
44 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
45 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
46 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
47 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
48 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
49 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
50 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
51 327.35(2)(b) 3rd Felony BUI.
52 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
53 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
54 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
55 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
56 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
57 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
58 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
59 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
60 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
61 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
62 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
63 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
64 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
65 697.08 3rd Equity skimming.
66 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
67 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
68 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
69 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
70 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
71 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
72 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
73 812.081(2) 3rd Theft of a trade secret.
74 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
75 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
76 817.233 3rd Burning to defraud insurer.
77 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
78 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
79 817.236 3rd Filing a false motor vehicle insurance application.
80 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
81 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
82 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
83 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
84 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
85 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
86 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
87 860.15(3) 3rd Overcharging for repairs and parts.
88 870.01(2) 3rd Riot.
89 870.01(4) 3rd Inciting a riot.
90 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
91 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
92 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
93 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
94 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
95 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
96 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
97 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
98 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
99 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
100 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
101 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
102 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
103 918.13(1) 918.13(1)(a) 3rd Tampering with or fabricating physical evidence Alter, destroy, or conceal investigation evidence.
104 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
105 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
106 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
107
108 (f) LEVEL 6
109
110
111 FloridaStatute FelonyDegree Description
112 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
113 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
114 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
115 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
116 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
117 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
118 775.0875(1) 3rd Taking firearm from law enforcement officer.
119 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
120 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
121 784.041 3rd Felony battery; domestic battery by strangulation.
122 784.048(3) 3rd Aggravated stalking; credible threat.
123 784.048(5) 3rd Aggravated stalking of person under 16.
124 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
125 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
126 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
127 784.081(2) 2nd Aggravated assault on specified official or employee.
128 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
129 784.083(2) 2nd Aggravated assault on code inspector.
130 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
131 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
132 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
133 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
134 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
135 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
136 794.05(1) 2nd Unlawful sexual activity with specified minor.
137 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
138 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
139 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
140 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
141 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
142 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
143 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
144 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
145 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
146 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
147 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
148 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
149 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
150 825.102(1) 3rd Abuse of an elderly person or disabled adult.
151 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
152 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
153 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
154 827.03(2)(c) 3rd Abuse of a child.
155 827.03(2)(d) 3rd Neglect of a child.
156 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
157 836.05 2nd Threats; extortion.
158 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
159 843.12 3rd Aids or assists person to escape.
160 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
161 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
162 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
163 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
164 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
165 944.35(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.
166 944.40 2nd Escapes.
167 944.46 3rd Harboring, concealing, aiding escaped prisoners.
168 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
169 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
170 Section 3. This act shall take effect October 1, 2022.
