Florida Senate - 2022 SB 796 By Senator Bradley 5-00997-22 2022796__ 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 the offense of tampering with or 8 fabricating physical evidence on the offense severity 9 ranking chart of the Criminal Punishment Code to 10 conform to changes made by the act; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1.Section 918.13, Florida Statutes, is amended to 16 read: 17 918.13Tampering with or fabricating physical evidence. 18 (1)It is unlawful for any No person, knowing that a 19 criminal trial or proceeding or an investigation by a duly 20 constituted prosecuting authority, law enforcement agency, grand 21 jury, or legislative committee of this state is pending or is 22 about to be instituted, to shall: 23 (a)Alter, destroy, conceal, or remove any record, 24 document, or other item thing with the purpose to impair its 25 verity or availability in such proceeding or investigation; or 26 (b)Make, present, or use any record, document, or other 27 item thing, knowing it to be false. 28 (2)(a)Except as provided in paragraph (b), a Any person 29 who violates subsection (1) commits any provision of this 30 section shall be guilty of a felony of the third degree, 31 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 32 (b)1.Except as provided in subparagraph 2., a person who 33 violates subsection (1) relating to a criminal trial or 34 proceeding, or an investigation that relates to a violent felony 35 offense described in s. 775.084(1)(b)1., commits a felony of the 36 second degree, punishable as provided in s. 775.082, s. 775.083, 37 or s. 775.084. 38 2.A person who violates subsection (1) relating to a 39 criminal trial or proceeding or an investigation that relates to 40 a capital felony, or a criminal offense which results in the 41 death of a person, commits a felony of the second degree, 42 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 43 Section 2.Paragraph (c) of subsection (3) of section 44 921.0022, Florida Statutes, is amended to read: 45 921.0022Criminal Punishment Code; offense severity ranking 46 chart. 47 (3)OFFENSE SEVERITY RANKING CHART 48 (c)LEVEL 3 49 50 FloridaStatute FelonyDegree Description 51 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 52 316.066(3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 53 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 54 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 55 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 56 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 57 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 58 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 59 327.35(2)(b) 3rd Felony BUI. 60 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 61 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 62 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 63 379.2431(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. 64 379.2431(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. 65 379.2431(1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 66 400.9935(4)(a)or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 67 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 68 440.1051(3) 3rd False report of workers compensation fraud or retaliation for making such a report. 69 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 70 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 71 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 72 626.902(1)(a) &(b) 3rd Representing an unauthorized insurer. 73 697.08 3rd Equity skimming. 74 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 75 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 76 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 77 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 78 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 79 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 80 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 81 812.081(2) 3rd Theft of a trade secret. 82 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property. 83 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 84 817.233 3rd Burning to defraud insurer. 85 817.234(8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 86 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 87 817.236 3rd Filing a false motor vehicle insurance application. 88 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 89 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 90 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 91 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 92 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 93 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 94 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 95 860.15(3) 3rd Overcharging for repairs and parts. 96 870.01(2) 3rd Riot. 97 870.01(4) 3rd Inciting a riot. 98 893.13(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). 99 893.13(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. 100 893.13(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. 101 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 102 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 103 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 104 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 105 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 106 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 107 893.13(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 practitioners practice. 108 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioners practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 109 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 110 893.13(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. 111 918.13(1)(a) & (b) 3rd Tampering with or fabricating physical evidence Alter, destroy, or conceal investigation evidence. 112 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 113 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 114 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 115 Section 3.This act shall take effect October 1, 2022.