Florida 2022 Regular Session Status: In Committee 1 R cosponsors

SB 796 — Tampering with or Fabricating Physical Evidence

Last action — Laid on Table, companion bill(s) passed, see CS/HB 287 (Ch. 2022-84)

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

This bill died with 2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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.

Summary

Tampering with or Fabricating Physical Evidence; Providing enhanced criminal penalties for tampering with or fabricating physical evidence in certain criminal proceedings and investigations, etc.

Bill Text

What changed in the latest version

314 added · 82 removed

314 line(s) added, 82 removed.

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Latest
Florida Senate - 2022 SB 796 By Senator Bradley 5-00997-22 2022796__ A bill to be entitled An act relating to tampering with or fabricating physical evidence;
Florida Senate - 2022 CS for SB 796 By the Committee on Criminal Justice;
and Senator Bradley 591-02277-22 2022796c1 A bill to be entitled An act relating to tampering with or fabricating physical evidence;
ranking the offense of tampering with or fabricating physical evidence on the offense severity ranking chart of the Criminal Punishment Code to conform to changes made by the act;
ranking offenses on the offense severity ranking chart of the Criminal Punishment Code;
918.13 Tampering with or fabricating physical evidence.— (1) It is unlawful for any No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury, or legislative committee of this state is pending or is about to be instituted, to shall:
918.13 Tampering with or fabricating physical evidence.— (1) It is unlawful for any No person, knowing that a criminal trial, or proceeding, or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be instituted, to shall:
(2)(a) Except as provided in paragraph (b), a Any person who violates subsection (1) commits any provision of this Page 1 of 12 CODING:
(2)(a) Except as provided in paragraph (b), a Any person who violates subsection (1) commits any provision of this section shall be guilty of a felony of the third degree, punishable as provided in s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 796 5-00997-22 2022796__ section shall be guilty of a felony of the third degree, punishable as provided in s.
(b)1.
Page 1 of 19 CODING:
Except as provided in subparagraph 2., a person who violates subsection (1) relating to a criminal trial or proceeding, or an investigation that relates to a violent felony offense described in s.
Words stricken are deletions;
775.084(1)(b)1., commits a felony of the second degree, punishable as provided in s.
words underlined are additions.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 (b) A person who violates subsection (1) relating to a criminal trial, proceeding, or investigation that relates to a capital felony commits a felony of the second degree, punishable as provided in s.
2.
A person who violates subsection (1) relating to a criminal trial or proceeding or an investigation that relates to a capital felony, or a criminal offense which results in the death of a person, commits a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
Paragraph (c) of subsection (3) of section 921.0022, Florida Statutes, is amended to read:
Paragraphs (c) and (f) of subsection (3) of section 921.0022, Florida Statutes, are amended to read:
Page 2 of 12 CODING:
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.
Page 2 of 19 CODING:
Florida Senate - 2022 SB 796 5-00997-22 2022796__ 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
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 number plate removed.
328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of Page 3 of 12 CODING:
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.
376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Page 3 of 19 CODING:
Florida Senate - 2022 SB 796 5-00997-22 2022796__ sale of vessels.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 Inland Protection Trust Fund.
328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
conspiring to commit a Page 4 of 12 CODING:
conspiring to commit a violation of the Marine Turtle Protection Act.
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 Page 4 of 19 CODING:
Florida Senate - 2022 SB 796 5-00997-22 2022796__ violation of the Marine Turtle Protection Act.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 application or other required information or failing to report information.
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.
Page 5 of 12 CODING:
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 Page 5 of 19 CODING:
Florida Senate - 2022 SB 796 5-00997-22 2022796__ 626.902(1)(a) & 3rd Representing an unauthorized (b) insurer.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 vehicle.
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697.08 3rd Equity skimming.
790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
Page 6 of 12 CODING:
812.015(8)(b) 3rd Retail theft with intent to sell;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 796 5-00997-22 2022796__ 812.015(8)(b) 3rd Retail theft with intent to sell;
817.034(4)(a)3.
Page 6 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 817.034(4)(a)3.
817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle Page 7 of 12 CODING:
817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 796 5-00997-22 2022796__ insurance card.
3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
3rd Willful making of a false report of a crime causing great bodily harm, permanent Page 7 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 disfigurement, or permanent disability.
860.15(3) 3rd Overcharging for repairs and Page 8 of 12 CODING:
860.15(3) 3rd Overcharging for repairs and parts.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 796 5-00997-22 2022796__ parts.
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).
Page 8 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 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).
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893.13(4)(c) 3rd Use or hire of minor;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 796 5-00997-22 2022796__ 893.13(4)(c) 3rd Use or hire of minor;
893.13(7)(a)8.
Page 9 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 893.13(7)(a)8.
3rd Knowingly assist a patient, other person, or owner of an Page 10 of 12 CODING:
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 Page 10 of 19 CODING:
Florida Senate - 2022 SB 796 5-00997-22 2022796__ animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
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.
918.13(1)(a) & 3rd Tampering with or fabricating (b) physical evidence Alter, destroy, or conceal Page 11 of 12 CODING:
918.13(1) 3rd Tampering with or fabricating 918.13(1)(a) physical evidence Alter, destroy, or conceal investigation evidence.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 796 5-00997-22 2022796__ investigation evidence.
985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
Page 11 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
(f) LEVEL 6 Florida Felony Description Statute Degree 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.
Page 12 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 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 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.
Page 13 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility 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 property.
Page 14 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 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.
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 Page 15 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 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 $750 or more;
second or subsequent conviction.
812.015(9)(b) 2nd Retail theft;
aggregated property stolen within 30 days is $3,000 or more;
coordination of others.
812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
Page 16 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
817.49(2)(b)2.
2nd Willful making of a false report of a crime resulting in death.
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.
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.
Page 17 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 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 or electronic 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 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 Page 18 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 796 591-02277-22 2022796c1 bodily injury.
918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
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 escaped prisoners.
944.47(1)(a)5.
2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
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Action History

  1. Laid on Table, companion bill(s) passed, see CS/HB 287 (Ch. 2022-84)

  2. Substituted CS/HB 287

  3. Read 2nd time

  4. Placed on Special Order Calendar, 03/02/22

  5. Retained on Calendar

  6. Placed on Special Order Calendar, 02/23/22

  7. Placed on Calendar, on 2nd reading

  8. Favorable by- Rules; YEAS 17 NAYS 0

  9. On Committee agenda-- Rules, 02/15/22, 10:00 am, 412 Knott Building

  10. Now in Rules

  11. Favorable by Judiciary; YEAS 10 NAYS 0

  12. On Committee agenda-- Judiciary, 02/07/22, 2:30 pm, 412 Knott Building

  13. CS by Criminal Justice read 1st time

  14. Now in Judiciary

  15. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  16. CS by Criminal Justice; YEAS 9 NAYS 0

  17. On Committee agenda-- Criminal Justice, 01/25/22, 10:00 am, 110 Senate Building

  18. Introduced

  19. Referred to Criminal Justice; Judiciary; Rules

  20. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 162 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (162)

162 members have not signed on to this bill.

Show all 162 →

"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

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 6000
Unaffiliated 11000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Baxley — Yea
Bean — Yea
Book — Yea
Bracy — Yea
Brandes — Yea
Diaz — Yea
Farmer — Yea
Gibson — Yea
Hutson — Yea
Powell — Yea
Stargel — Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 796 do?
Tampering with or Fabricating Physical Evidence; Providing enhanced criminal penalties for tampering with or fabricating physical evidence in certain criminal proceedings and investigations, etc.
Who sponsors SB 796?
SB 796 is sponsored by Criminal Justice and Bradley, Jennifer (Republican).
What is the current status of SB 796?
This bill died with 2022 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 SB 796?
Track SB 796 free on One Click Politics — get push/email alerts when it moves.

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