HB 287 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0287-00
Page 1 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to tampering with or fabricating 2
physical evidence; amending s. 918.13, F.S.; providing 3
enhanced criminal penalties for tampering with or 4
fabricating physical evidence in certain criminal 5
proceedings and investigations; amending s. 921.0022, 6
F.S.; ranking an offense on the offense severity 7
ranking chart of the Criminal Punishment Code; 8
providing an effective date. 9
10
Be It Enacted by the L egislature of the State of Florida: 11
12
Section 1. Section 918.13, Florida Statutes, is amended to 13
read: 14
918.13 Tampering with or fabricating physical evidence. — 15
(1) It is unlawful for any No person, knowing that a 16
criminal trial or proceeding or an i nvestigation by a duly 17
constituted prosecuting authority, law enforcement agency, grand 18
jury or legislative committee of this state is pending or is 19
about to be instituted, to shall: 20
(a) Alter, destroy, conceal, or remove any record, 21
document, or other item thing with the purpose to impair its 22
verity or availability in such proceeding or investigation; or 23
(b) Make, present, or use any record, document, or other 24
item thing, knowing it to be false. 25
HB 287 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0287-00
Page 2 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2)(a) Except as provided in paragraph (b), a Any person 26
who violates subsection (1) commits any provision of this 27
section shall be guilty of a felony of the third degree, 28
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 29
(b)1. Except as provided in subparagraph 2., a person who 30
violates subsection (1) relating to a criminal trial or 31
proceeding or an investigation that relates to a violent felony 32
offense described in s. 775.084(1)(b)1., commits a felony of the 33
second degree, punishable as provided in s. 775.082, s. 775.083, 34
or s. 775.084. 35
2. A person who violates subsection (1) relating to a 36
criminal trial or proceeding or an investigation that relates to 37
a capital felony, or a criminal offense which results in the 38
death of a person, commits a felony of the second degree, 39
punishable as provide d in s. 775.082, s. 775.083, or s. 775.084. 40
Section 2. Paragraph (c) of subsection (3) of section 41
921.0022, Florida Statutes, is amended to read: 42
921.0022 Criminal Punishment Code; offense severity 43
ranking chart.— 44
(3) OFFENSE SEVERITY RANKING CHART 45
(c) LEVEL 3 46
47
Florida
Statute
Felony
Degree Description
48
HB 287 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0287-00
Page 3 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
119.10(2)(b) 3rd Unlawful use of confidential
information from police
reports.
49
316.066
(3)(b)-(d)
3rd Unlawfully obtaining or using
confidential crash reports.
50
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
51
316.1935(2) 3rd Fleeing or attempting to elude
law enforcement officer in
patrol vehicle with siren and
lights activated.
52
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
53
319.33(1)(a) 3rd Alter or forge any certificate
of title to a motor vehicle or
mobile home.
54
319.33(1)(c) 3rd Procure or pass title on stolen
vehicle.
55
HB 287 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0287-00
Page 4 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
56
327.35(2)(b) 3rd Felony BUI.
57
328.05(2) 3rd Possess, sell, or counterfeit
fictitious, stolen, or
fraudulent titles or bills of
sale of vessels.
58
328.07(4) 3rd Manufacture, exchange, or
possess vessel with counterfeit
or wrong ID number.
59
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
60
379.2431
(1)(e)5.
3rd Taking, disturbing, mutilating,
destroying, causing to be
destroyed, transferring,
selling, offering to sell,
molesting, or harassing marine
HB 287 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0287-00
Page 5 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
turtles, marine turtle eggs, or
marine turtle nests in
violation of the Marine Turtle
Protection Act.
61
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.
62
379.2431
(1)(e)7.
3rd Soliciting to commit or
conspiring to commit a
violation of the Marine Turtle
Protection Act.
63
400.9935(4)(a)
or (b)
3rd Operating a clinic, or offering
services requiring licensur e,
without a license.
64
400.9935(4)(e) 3rd Filing a false license
application or other required
information or failing to
report information.
HB 287 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0287-00
Page 6 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
65
440.1051(3) 3rd False report of workers'
compensation fraud or
retaliation for making such a
report.
66
501.001(2)(b) 2nd Tampers with a consumer product
or the container using
materially false/misleading
information.
67
624.401(4)(a) 3rd Transacting insurance without a
certificate of authority.
68
624.401(4)(b)1. 3rd Transacting insurance without a
certificate of authority;
premium collected less than
$20,000.
69
626.902(1)(a) &
(b)
3rd Representing an unauthorized
insurer.
70
697.08 3rd Equity skimming.
71
790.15(3) 3rd Person directs another to
HB 287 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0287-00
Page 7 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
discharge firearm from a
vehicle.
72
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
equipment used in firefighting.
73
806.10(2) 3rd Interferes with or assaults
firefighter in performance of
duty.
74
810.09(2)(c) 3rd Trespass on property other than
structure or conveyance armed
with firearm or dangerous
weapon.
75
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
less than $10,000.
76
812.0145(2)(c) 3rd Theft from person 65 years of
age or older; $300 or more but
less than $10,000.
77
812.015(8)(b) 3rd Retail theft with intent to
sell; conspires with others.
HB 287 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0287-00
Page 8 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
78
812.081(2) 3rd Theft of a trade secret.
79
815.04(5)(b) 2nd Computer offense devised to
defraud or obtain property.
80
817.034(4)(a)3. 3rd Engages in scheme to defraud
(Florida Communications Fraud
Act), property valued at less
than $20,000.
81
817.233 3rd Burning to defraud insurer.
82
817.234
(8)(b) & (c)
3rd Unlawful solicitation of
persons involved in motor
vehicle accidents.
83
817.234(11)(a) 3rd Insurance fraud; property value
less than $20,000.
84
817.236 3rd Filing a false motor vehicle
insurance application.
85
817.2361 3rd Creating, marketing, or
presenting a false or
HB 287 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0287-00
Page 9 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
fraudulent motor vehicle
insurance card.
86
817.413(2) 3rd Sale of used goods of $1,000 or
more as new.
87
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing great
bodily harm, permanent
disfigurement, or permanent
disability.
88
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
defraud or possessing a
counterfeit payment instrument
with intent to defraud.
89
831.29 2nd Possession of instruments for
counterfeiting driver licenses
or identification cards.
90
838.021(3)(b) 3rd Threatens unlawful harm to
public servant.
91
HB 287 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0287-00
Page 10 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
843.19 2nd Injure, disable, or kill
police, fire, or SAR canine or
police horse.
92
860.15(3) 3rd Overcharging for repairs and
parts.
93
870.01(2) 3rd Riot.
94
870.01(4) 3rd Inciting a riot.
95
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).
96
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.
HB 287 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0287-00
Page 11 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
97
893.13(1)(f)2. 2nd Sell, manufacture, or d eliver
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.
98
893.13(4)(c) 3rd Use or hire of minor; deliver
to minor other controlled
substances.
99
893.13(6)(a) 3rd Possession of any controlled
substance other than felony
possession of cannabis.
100
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding previous
receipt of or prescription for
a controlled substance.
101
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
HB 287 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0287-00
Page 12 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
etc.
102
893.13(7)(a)10. 3rd Affix false or forged label to
package of controlled
substance.
103
893.13(7)(a)11. 3rd Furnish false or fraudulent
material information on any
document or record required by
chapter 893.
104
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.
105
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
HB 287 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0287-00
Page 13 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
substance.
106
893.13(8)(a)3. 3rd Knowingly write a prescription
for a controlled substance for
a fictitious person.
107
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.
108
918.13(1)(a) &
(b)
3rd Tampering with or fabricating
physical evidence Alter,
destroy, or conceal
investigation evidence .
109
944.47
(1)(a)1. & 2.
3rd Introduce contraband to
correctional facility.
110
944.47(1)(c) 2nd Possess contraband while upon
the grounds of a correctional
institution.
HB 287 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0287-00
Page 14 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
111
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
facility).
112
Section 3. This act shall take effect October 1, 2022. 113