Florida 2019 Regular Session Status: In Committee

HB 41 — Correctional Facility Employees

Last action — Died in Justice Appropriations Subcommittee, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

132 added · 1352 removed

132 line(s) added, 1352 removed.

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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 HB 41 2019 A bill to be entitled An act relating to correctional facility employees;
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 CS/HB 41 2019 A bill to be entitled An act relating to correctional facility employees;
creating s.
944.365, F.S.;
providing a definition;
prohibiting certain acts by correctional facility employees;
providing for forfeiture of benefits by such employees committing violations;
amending s.
921.0022, F.S.;
conforming provisions to changes made by the act;
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1.
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hb0041-00 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 HB 41 2019 1.
Bribery in connection with the employment of a public officer or employee;
Bribery in connection with the employment of a public Page 1 of 5 CODING:
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hb0041-01-c1 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 CS/HB 41 2019 officer or employee;
800.04 against a victim younger than 16 years of age, or any felony defined in chapter 794 against a victim younger than 18 years of age, by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or Page 2 of 49 CODING:
800.04 against a victim younger than 16 years of age, or any felony defined in chapter 794 against a victim younger than 18 years of age, by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or employment position;
Words stricken are deletions;
or 8.
words underlined are additions.
The committing on or after October 1, 2019, of any violation described in s.
hb0041-00 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 HB 41 2019 employment position.
944.47(2)(b).
8.
A violation of s.
944.365.
Section 944.365, Florida Statutes, is created to read:
Section 944.47, Florida Statutes, is amended to read:
944.365 Offenses by prison employees.— (1) As used in this section, the term "employee" means an employee of the department or a law enforcement officer who is within a state correctional facility to perform a professional service.
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(2) An employee violates this section if he or she aids or assists in the:
(a) Introduction of contraband into a correctional facility in violation of s.
944.47(1)(a)4.
or s.
944.47(1)(a)6.
(b) Criminal activities of any criminal gang.
(c) Extortion of an inmate or other persons in connection with his or her employment.
(3) An employee who is convicted of an offense constituting a violation of this section or whose office or employment is terminated by reason of his or her admitted commission, aid, or abetment of a violation of this section, in addition to any other penalty provided by law, shall forfeit all rights and benefits to accrued annual leave, sick leave, or other benefits provided by a public employer as of the date of the offense or termination.
Section 3.
Section 944.47, Florida Statutes, is amended to Page 3 of 49 CODING:
hb0041-00 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 HB 41 2019 read:
hb0041-01-c1 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 CS/HB 41 2019 944.47 Introduction, removal, or possession of contraband certain articles unlawful;
944.47 Introduction, removal, or possession of contraband certain articles unlawful;
Any cellular telephone or other portable communication Page 4 of 49 CODING:
Any cellular telephone or other portable communication device intentionally and unlawfully introduced inside the secure Page 3 of 5 CODING:
hb0041-00 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 HB 41 2019 device intentionally and unlawfully introduced inside the secure perimeter of any state correctional institution without prior authorization or consent from the officer in charge of such correctional institution.
hb0041-01-c1 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 CS/HB 41 2019 perimeter of any state correctional institution without prior authorization or consent from the officer in charge of such correctional institution.
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(b) It is unlawful to transmit or attempt to transmit to, or cause or attempt to cause to be transmitted to or received by, any inmate of any state correctional institution any article or thing declared by this subsection to be contraband, at any place which is outside the grounds of such institution, except through regular channels as authorized by the officer in charge Page 5 of 49 CODING:
(b) It is unlawful to transmit or attempt to transmit to, or cause or attempt to cause to be transmitted to or received by, any inmate of any state correctional institution any article or thing declared by this subsection to be contraband, at any place which is outside the grounds of such institution, except through regular channels as authorized by the officer in charge of such correctional institution.
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hb0041-00 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 HB 41 2019 of such correctional institution.
hb0041-01-c1 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 CS/HB 41 2019 (c) It is unlawful for any inmate of any state correctional institution or any person while upon the grounds of any state correctional institution to be in actual or constructive possession of any article or thing declared by this section to be contraband, except as authorized by the officer in charge of such correctional institution.
(c) It is unlawful for any inmate of any state correctional institution or any person while upon the grounds of any state correctional institution to be in actual or constructive possession of any article or thing declared by this section to be contraband, except as authorized by the officer in charge of such correctional institution.
(2)(a) A person who violates any provision of this section as it pertains to an article of contraband described in subparagraph (1)(a)1., or subparagraph (1)(a)2., or subparagraph (1)(a)6.
(2)(a) Except as provided in paragraph (b), a person who violates any provision of this section as it pertains to an article of contraband described in subparagraph (1)(a)1., subparagraph (1)(a)2., or subparagraph (1)(a)6.
(b) An employee, as defined in s.
(b) A violation of this section by an employee, as defined in s.
944.115, who violates any provision of this section as it pertains to an article of contraband described in subparagraph (1)(a)4.
944.115(2)(b), who uses or attempts to use the powers, rights, privileges, duties, or position of his or her employment in the commission of the violation is ranked one level above the ranking specified in s.
or subparagraph (1)(a)6.
921.0022 or s.
commits a felony of the first degree, punishable as provided in s.
921.0023 for the offense committed.
775.082, s.
Section 3.
775.083, or s.
775.084.
Otherwise, a violation of a provision of this section by such an employee is a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
Section 4.
Paragraphs (c), (f), and (g) of subsection (3) Page 6 of 49 CODING:
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hb0041-00 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 HB 41 2019 of section 921.0022, Florida Statutes, are amended to read:
921.0022 Criminal Punishment Code;
offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (c) LEVEL 3 Florida Felony Statute Degree Description 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
316.066 3rd Unlawfully obtaining or using (3)(b)-(d) confidential crash reports.
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
319.30(4) 3rd Possession by junkyard of motor vehicle with identification Page 7 of 49 CODING:
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hb0041-00 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 HB 41 2019 number plate removed.
319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
327.35(2)(b) 3rd Felony BUI.
328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
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hb0041-00 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 HB 41 2019 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
379.2431 3rd Taking, disturbing, mutilating, (1)(e)5.
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.
379.2431 3rd Possessing any marine turtle (1)(e)6.
species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
379.2431 3rd Soliciting to commit or (1)(e)7.
conspiring to commit a violation of the Marine Turtle Protection Act.
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hb0041-00 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 HB 41 2019 400.9935(4)(a) 3rd Operating a clinic, or offering or (b) services requiring licensure, without a license.
400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
624.401(4)(b)1.
3rd Transacting insurance without a certificate of authority;
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hb0041-00 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 HB 41 2019 premium collected less than $20,000.
626.902(1)(a) & 3rd Representing an unauthorized (b) insurer.
697.08 3rd Equity skimming.
790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
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hb0041-00 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 HB 41 2019 812.014(2)(c)2.
3rd Grand theft;
$5,000 or more but less than $10,000.
812.0145(2)(c) 3rd Theft from person 65 years of age or older;
$300 or more but less than $10,000.
815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
817.034(4)(a)3.
3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
817.233 3rd Burning to defraud insurer.
817.234 3rd Unlawful solicitation of (8)(b) & (c) persons involved in motor vehicle accidents.
817.234(11)(a) 3rd Insurance fraud;
property value less than $20,000.
817.236 3rd Filing a false motor vehicle Page 12 of 49 CODING:
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hb0041-00 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 HB 41 2019 insurance application.
817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
817.413(2) 3rd Sale of used goods as new.
831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
838.021(3)(b) 3rd Threatens unlawful harm to public servant.
843.19 3rd Injure, disable, or kill police dog or horse.
860.15(3) 3rd Overcharging for repairs and Page 13 of 49 CODING:
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hb0041-00 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 HB 41 2019 parts.
870.01(2) 3rd Riot;
inciting or encouraging.
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).
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.
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 Page 14 of 49 CODING:
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hb0041-00 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 HB 41 2019 housing facility.
893.13(4)(c) 3rd Use or hire of minor;
deliver to minor other controlled substances.
893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
893.13(7)(a)8.
3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
893.13(7)(a)9.
3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
893.13(7)(a)10.
3rd Affix false or forged label to package of controlled substance.
893.13(7)(a)11.
3rd Furnish false or fraudulent Page 15 of 49 CODING:
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hb0041-00 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 HB 41 2019 material information on any document or record required by chapter 893.
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.
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.
893.13(8)(a)3.
3rd Knowingly write a prescription for a controlled substance for a fictitious person.
893.13(8)(a)4.
3rd Write a prescription for a Page 16 of 49 CODING:
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hb0041-00 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 HB 41 2019 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.
918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
944.47 3rd Introduce contraband to (1)(a)1.
& 2.
correctional facility;
non- employee.
944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
(f) LEVEL 6 Page 17 of 49 CODING:
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hb0041-00 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 HB 41 2019 Florida Felony Statute Degree Description 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
499.0051(4) 2nd Knowing sale or transfer of prescription drug to Page 18 of 49 CODING:
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hb0041-00 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 HB 41 2019 unauthorized person.
775.0875(1) 3rd Taking firearm from law enforcement officer.
784.021(1)(a) 3rd Aggravated assault;
deadly weapon without intent to kill.
784.021(1)(b) 3rd Aggravated assault;
intent to commit felony.
784.041 3rd Felony battery;
domestic battery by strangulation.
784.048(3) 3rd Aggravated stalking;
credible threat.
784.048(5) 3rd Aggravated stalking of person under 16.
784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility Page 19 of 49 CODING:
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hb0041-00 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 HB 41 2019 staff.
784.08(2)(b) 2nd Aggravated assault on a person years of age or older.
784.081(2) 2nd Aggravated assault on specified official or employee.
784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
784.083(2) 2nd Aggravated assault on code inspector.
787.02(2) 3rd False imprisonment;
restraining with purpose other than those in s.
787.01.
790.115(2)(d) 2nd Discharging firearm or weapon on school property.
790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage Page 20 of 49 CODING:
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hb0041-00 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 HB 41 2019 property.
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.
790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
794.05(1) 2nd Unlawful sexual activity with specified minor.
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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hb0041-00 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 HB 41 2019 800.04(6)(b) 2nd Lewd or lascivious conduct;
offender 18 years of age or older.
806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
810.02(3)(c) 2nd Burglary of occupied structure;
unarmed;
no assault or battery.
810.145(8)(b) 2nd Video voyeurism;
certain minor victims;
2nd or subsequent offense.
812.014(2)(b)1.
2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
812.014(6) 2nd Theft;
property stolen $3,000 or more;
coordination of others.
812.015(9)(a) 2nd Retail theft;
property stolen $300 or more;
second or Page 22 of 49 CODING:
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hb0041-00 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 HB 41 2019 subsequent conviction.
812.015(9)(b) 2nd Retail theft;
property stolen $3,000 or more;
coordination of others.
812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
817.505(4)(b) 2nd Patient brokering;
10 or more patients.
825.102(1) 3rd Abuse of an elderly person or disabled adult.
825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
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hb0041-00 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 HB 41 2019 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
827.03(2)(c) 3rd Abuse of a child.
827.03(2)(d) 3rd Neglect of a child.
827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
836.05 2nd Threats;
extortion.
836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
843.12 3rd Aids or assists person to escape.
847.011 3rd Distributing, offering to distribute, or possessing with Page 24 of 49 CODING:
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hb0041-00 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 HB 41 2019 intent to distribute obscene materials depicting minors.
847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
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.
944.40 2nd Escapes.
944.46 3rd Harboring, concealing, aiding Page 25 of 49 CODING:
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hb0041-00 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 HB 41 2019 escaped prisoners.
944.47(1)(a)5.
2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility;
non-employee.
951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
(g) LEVEL 7 Florida Felony Statute Degree Description 316.027(2)(c) 1st Accident involving death, failure to stop;
leaving scene.
316.193(3)(c)2.
3rd DUI resulting in serious bodily injury.
316.1935(3)(b) 1st Causing serious bodily injury or death to another person;
driving at high speed or with Page 26 of 49 CODING:
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hb0041-00 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 HB 41 2019 wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
327.35(3)(c)2.
3rd Vessel BUI resulting in serious bodily injury.
402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
409.920 3rd Medicaid provider fraud;
(2)(b)1.a.
$10,000 or less.
409.920 2nd Medicaid provider fraud;
more (2)(b)1.b.
than $10,000, but less than $50,000.
456.065(2) 3rd Practicing a health care profession without a license.
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hb0041-00 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 HB 41 2019 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
458.327(1) 3rd Practicing medicine without a license.
459.013(1) 3rd Practicing osteopathic medicine without a license.
460.411(1) 3rd Practicing chiropractic medicine without a license.
461.012(1) 3rd Practicing podiatric medicine without a license.
462.17 3rd Practicing naturopathy without a license.
463.015(1) 3rd Practicing optometry without a license.
464.016(1) 3rd Practicing nursing without a license.
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hb0041-00 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 HB 41 2019 465.015(2) 3rd Practicing pharmacy without a license.
466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
467.201 3rd Practicing midwifery without a license.
468.366 3rd Delivering respiratory care services without a license.
483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
483.901(7) 3rd Practicing medical physics without a license.
484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
484.053 3rd Dispensing hearing aids without a license.
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hb0041-00 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 HB 41 2019 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
560.123(8)(b)1.
3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
655.50(10)(b)1.
3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
775.21(10)(a) 3rd Sexual predator;
failure to Page 30 of 49 CODING:
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hb0041-00 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 HB 41 2019 register;
failure to renew driver license or identification card;
other registration violations.
775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator;
harbor or conceal a sexual predator.
782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
782.071 2nd Killing of a human being or Page 31 of 49 CODING:
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hb0041-00 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 HB 41 2019 unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
784.045(1)(a)1.
2nd Aggravated battery;
intentionally causing great bodily harm or disfigurement.
784.045(1)(a)2.
2nd Aggravated battery;
using deadly weapon.
784.045(1)(b) 2nd Aggravated battery;
perpetrator aware victim pregnant.
784.048(4) 3rd Aggravated stalking;
violation of injunction or court order.
784.048(7) 3rd Aggravated stalking;
violation of court order.
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hb0041-00 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 HB 41 2019 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
784.08(2)(a) 1st Aggravated battery on a person years of age or older.
784.081(1) 1st Aggravated battery on specified official or employee.
784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
784.083(1) 1st Aggravated battery on code inspector.
787.06(3)(a)2.
1st Human trafficking using coercion for labor and services of an adult.
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hb0041-00 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 HB 41 2019 787.06(3)(e)2.
1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
790.07(4) 1st Specified weapons violation subsequent to previous conviction of s.
790.07(1) or (2).
790.16(1) 1st Discharge of a machine gun under specified circumstances.
790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
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hb0041-00 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 HB 41 2019 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s.
874.04.
794.08(4) 3rd Female genital mutilation;
consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
796.05(1) 1st Live on earnings of a prostitute;
2nd offense.
796.05(1) 1st Live on earnings of a prostitute;
3rd and subsequent offense.
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hb0041-00 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 HB 41 2019 800.04(5)(c)1.
2nd Lewd or lascivious molestation;
victim younger than 12 years of age;
offender younger than 18 years of age.
800.04(5)(c)2.
2nd Lewd or lascivious molestation;
victim 12 years of age or older but younger than 16 years of age;
offender 18 years of age or older.
800.04(5)(e) 1st Lewd or lascivious molestation;
victim 12 years of age or older but younger than 16 years;
offender 18 years or older;
prior conviction for specified sex offense.
806.01(2) 2nd Maliciously damage structure by fire or explosive.
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed;
no assault or battery.
810.02(3)(b) 2nd Burglary of unoccupied Page 36 of 49 CODING:
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hb0041-00 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 HB 41 2019 dwelling;
unarmed;
no assault or battery.
810.02(3)(d) 2nd Burglary of occupied conveyance;
unarmed;
no assault or battery.
810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
812.014(2)(a)1.
1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer;
property stolen while causing other property damage;
1st degree grand theft.
812.014(2)(b)2.
2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
812.014(2)(b)3.
2nd Property stolen, emergency medical equipment;
2nd degree grand theft.
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hb0041-00 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 HB 41 2019 812.014(2)(b)4.
2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
812.0145(2)(a) 1st Theft from person 65 years of age or older;
$50,000 or more.
812.019(2) 1st Stolen property;
initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
812.131(2)(a) 2nd Robbery by sudden snatching.
812.133(2)(b) 1st Carjacking;
no firearm, deadly weapon, or other weapon.
817.034(4)(a)1.
1st Communications fraud, value greater than $50,000.
817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
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hb0041-00 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 HB 41 2019 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
817.234(11)(c) 1st Insurance fraud;
property value $100,000 or more.
817.2341 1st Making false entries of (2)(b) & material fact or false (3)(b) statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
817.535(2)(a) 3rd Filing false lien or other unauthorized document.
817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or Page 39 of 49 CODING:
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hb0041-00 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 HB 41 2019 disfigurement.
825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
827.04(3) 3rd Impregnation of a child under years of age by person 21 years of age or older.
837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
838.015 2nd Bribery.
838.016 2nd Unlawful compensation or reward for official behavior.
838.021(3)(a) 2nd Unlawful harm to a public Page 40 of 49 CODING:
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hb0041-00 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 HB 41 2019 servant.
838.22 2nd Bid tampering.
843.0855(2) 3rd Impersonation of a public officer or employee.
843.0855(3) 3rd Unlawful simulation of legal process.
843.0855(4) 3rd Intimidation of a public officer or employee.
847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
872.06 2nd Abuse of a dead human body.
874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang;
second or Page 41 of 49 CODING:
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hb0041-00 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 HB 41 2019 subsequent offense.
874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
893.13(1)(c)1.
1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s.
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
893.13(1)(e)1.
1st Sell, manufacture, or deliver cocaine or other drug prohibited under s.
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property Page 42 of 49 CODING:
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hb0041-00 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 HB 41 2019 used for religious services or a specified business site.
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Action History

  1. Died in Justice Appropriations Subcommittee, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167)

  2. Indefinitely postponed and withdrawn from consideration

  3. CS by Criminal Justice Subcommittee read 1st time

  4. Introduced

  5. Now in Justice Appropriations Subcommittee

  6. Pending review of CS under Rule 7.18(c)

  7. CS by Criminal Justice Subcommittee; YEAS 13 NAYS 0

  8. On Committee agenda-- Criminal Justice Subcommittee, 02/21/19, 4:00 pm, Sumner Hall

  9. Referred to Criminal Justice Subcommittee; Justice Appropriations Subcommittee; Judiciary Committee

  10. Filed

Sponsors

  • Criminal Justice Subcommittee · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Criminal Justice Subcommittee

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable With Committee Substitute (Criminal Justice Subcommittee)

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Republican 0001
Democrat 1000
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Donalds — Not Voting
Eagle — Yea
Santiago — Yea
Bush — Yea
Fernandez-Barquin — Yea
Fitzenhagen — Yea
Grant, J. — Yea
Grieco — Yea
Hattersley — Yea
Roach — Yea
Robinson — Yea
Sabatini — Yea
Webb — Yea
Gottlieb, Michael "Mike" Democrat Yea
McClain, Stan Republican Not Voting

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Subjects

public-safety labor
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Frequently asked questions

Who sponsors HB 41?
HB 41 is sponsored by Criminal Justice Subcommittee.
What is the current status of HB 41?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 41?
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