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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
A bill to be entitled 1
An act relating to battery by strangulation; creating 2
s. 784.031, F.S.; prohibiting battery by 3
strangulation; providing criminal penalties; amending 4
s. 921.0022, F.S.; ranking the offense on the offense 5
severity ranking chart of the Criminal Punishment 6
Code; providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Section 784.031, Florida Statutes, is created 11
to read: 12
784.031 Battery by strangulation. — 13
(1) A person commits battery by strangulation if he or she 14
knowingly and intentionally, against the will of another person, 15
impedes the normal breathing or circulation of the blood of that 16
person so as to create a risk of or cause great bodily harm by 17
applying pressure on the throat or neck of the other person or 18
by blocking the nose or mouth of the other person. This 19
subsection does not apply to any act of medical diagnosis, 20
treatment, or prescription which is au thorized under the laws of 21
this state. 22
(2) A person who violates subsection (1) commits a felony 23
of the third degree, punishable as provided in s. 775.082, s. 24
775.083, or s. 775.084. 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
Section 2. Paragraph (d) of subsection (3) of section 26
921.0022, Florida Statutes, is amended to read: 27
921.0022 Criminal Punishment Code; offense severity 28
ranking chart.— 29
(3) OFFENSE SEVERITY RANKING CHART 30
(d) LEVEL 4 31
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Florida
Statute
Felony
Degree Description
33
316.1935(3)(a) 2nd 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.
34
499.0051(1) 3rd Failure to maintain or deliver
transaction history,
transaction information, or
transaction statements.
35
499.0051(5) 2nd Knowing sale or delivery, or
possession with intent to sell,
contraband prescription drugs.
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517.07(1) 3rd Failure to register securities.
37
517.12(1) 3rd Failure of dealer, associated
person, or issuer of securities
to register.
38
784.031 3rd Battery by strangulation.
39
784.07(2)(b) 3rd Battery of law enforcement
officer, firefighter, etc.
40
784.074(1)(c) 3rd Battery of sexually violent
predators facility staff.
41
784.075 3rd Battery on detention or
commitment facility staff.
42
784.078 3rd Battery of facility employee by
throwing, tossing, or expelling
certain fluids or materials.
43
784.08(2)(c) 3rd Battery on a person 65 years of
age or older.
44
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784.081(3) 3rd Battery on specified official
or employee.
45
784.082(3) 3rd Battery by detained person on
visitor or other detainee.
46
784.083(3) 3rd Battery on code inspector.
47
784.085 3rd Battery of child by throwing,
tossing, projecting, or
expelling certain fluids or
materials.
48
787.03(1) 3rd Interference with custody;
wrongly takes minor from
appointed guardian.
49
787.04(2) 3rd Take, entice, or remove child
beyond state limits with
criminal intent pending custody
proceedings.
50
787.04(3) 3rd Carrying child beyond state
lines with criminal intent to
avoid producing child at
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custody hearing or delivering
to designated person.
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787.07 3rd Human smuggling.
52
790.115(1) 3rd Exhibiting firearm or weapon
within 1,000 feet of a school.
53
790.115(2)(b) 3rd Possessing electric weapon or
device, destructive device, or
other weapon on school
property.
54
790.115(2)(c) 3rd Possessing firearm on school
property.
55
794.051(1) 3rd Indecent, lewd, or lascivious
touching of certain minors.
56
800.04(7)(c) 3rd Lewd or lascivious exhibition;
offender less than 18 years.
57
806.135 2nd Destroying or demolishing a
memorial or historic property.
58
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810.02(4)(a) 3rd Burglary, or attempted
burglary, of an unoccupied
structure; unarmed; no assault
or battery.
59
810.02(4)(b) 3rd Burglary, or attempted
burglary, of an unoccupied
conveyance; unarmed; no assault
or battery.
60
810.06 3rd Burglary; possession of tools.
61
810.08(2)(c) 3rd Trespass on property, armed
with firearm or dangerous
weapon.
62
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
or more but less than $20,000.
63
812.014
(2)(c)4.-10.
3rd Grand theft, 3rd degree;
specified items.
64
812.0195(2) 3rd Dealing in stolen property by
use of the Internet; property
stolen $300 or more.
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817.505(4)(a) 3rd Patient brokering.
66
817.563(1) 3rd Sell or deliver substance other
than controlled substance
agreed upon, excluding s.
893.03(5) drugs.
67
817.568(2)(a) 3rd Fraudulent use of personal
identification information.
68
817.625(2)(a) 3rd Fraudulent use of scanning
device, skimming device, or
reencoder.
69
817.625(2)(c) 3rd Possess, sell, or deliver
skimming device.
70
828.125(1) 2nd Kill, maim, or cause great
bodily harm or permanent
breeding disability to any
registered horse or cattle.
71
836.14(2) 3rd Person who commits theft of a
sexually explicit image with
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intent to promote it.
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836.14(3) 3rd Person who willfully possesses
a sexually explicit image with
certain knowledge, intent, and
purpose.
73
837.02(1) 3rd Perjury in official
proceedings.
74
837.021(1) 3rd Make contradictory statements
in official proceedings.
75
838.022 3rd Official misconduct.
76
839.13(2)(a) 3rd Falsifying records of an
individual in the care and
custody of a state agency.
77
839.13(2)(c) 3rd Falsifying records of the
Department of Children and
Families.
78
843.021 3rd Possession of a concealed
handcuff key by a person in
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custody.
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843.025 3rd Deprive law enforcement,
correctional, or correctional
probation officer of means of
protection or communication.
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843.15(1)(a) 3rd Failure to appear while on bail
for felony (bond estreature or
bond jumping).
81
847.0135(5)(c) 3rd Lewd or lascivious exhibition
using computer; offender less
than 18 years.
82
870.01(3) 2nd Aggravated rioting.
83
870.01(5) 2nd Aggravated inciting a riot.
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874.05(1)(a) 3rd Encouraging or recruiting
another to join a criminal
gang.
85
893.13(2)(a)1. 2nd Purchase of cocaine (or other
s. 893.03(1)(a), (b), or (d),
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(2)(a), (2)(b), or (2)(c)5.
drugs).
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914.14(2) 3rd Witnesses accepting bribes.
87
914.22(1) 3rd Force, threaten, etc., witness,
victim, or informant.
88
914.23(2) 3rd Retaliation against a witness,
victim, or informant, no bodily
injury.
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916.1085
(2)(c)1.
3rd Introduction of specified
contraband into certain DCF
facilities.
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918.12 3rd Tampering with jurors.
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934.215 3rd Use of two-way communications
device to facilitate commission
of a crime.
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944.47(1)(a)6. 3rd Introduction of contraband
(cellular telephone or other
portable communication device)
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into correctional institution.
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951.22(1)(h),
(j) & (k)
3rd Intoxicating drug,
instrumentality or other device
to aid escape, or cellular
telephone or other portable
communication device introduced
into county detention facility.
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Section 3. This act shall take effect October 1, 2023. 95