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