The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 796
INTRODUCER: Criminal Justice Committee and Senator Bradley
SUBJECT: Tampering with or Fabricating Physical Evidence
DATE: February 14, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Cellon Jones CJ Fav/CS
2. Bond Cibula JU Favorable
3. Cellon Phelps RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 796 creates a second degree felony offense of tampering with or fabricating evidence
relating to a criminal trial or proceeding or an investigation involving a capital offense. The bill
ranks the offense as a Level 6 offense in the Offense Severity Ranking Chart (OSRC).
This bill will likely have a “positive indeterminate” prison bed impact (an unquantifiable
increase in prison beds). See Section V. Fiscal Impact Statement.
The bill is effective October 1, 2022.
II. Present Situation:
Tampering With or Fabricating Physical Evidence
Section 918.13, F.S., prohibits a person, knowing that a criminal trial or proceeding, or an
investigation by a prosecuting authority, law enforcement agency, grand jury, or legislative
committee is pending or about to be instituted, from:
Altering, destroying, concealing, or removing any record, document, or thing with the
purpose to impair its verity or availability in the proceeding or investigation, or
Making, presenting, or using any record, document, or thing, knowing it to be false.
BILL: CS/SB 796 Page 2
A person convicted of tampering with or fabricating physical evidence commits a third degree
felony.1 Under current law, the criminal penalty does not vary based on the severity of the
underlying crime that is being investigated or prosecuted, so, for example, a person convicted of
tampering with evidence in a murder investigation is subject to the same penalty as a person that
tampers with evidence in a case involving misdemeanor marijuana possession.
A person may be convicted of tampering with evidence only in circumstances where the person
has the specific intent to destroy or conceal evidence to such an extent that it is unavailable for
trial or investigation.2
Capital Offenses
A capital felony is the most serious classification of felony offenses. A capital felony is a crime
that is punishable by either death or life imprisonment without the possibility of parole.3
Currently, first degree murder, capital sexual battery, and certain drug trafficking offenses are
capital offenses.4
Offense Severity Ranking Chart
Felony offenses subject to the Criminal Punishment Code are listed in a single offense severity
ranking chart (OSRC), which uses 10 offense levels to rank felonies from least severe (Level 1)
to most severe (Level 10). A person’s primary offense, any other current offenses, and prior
offenses are scored using the points designated for the offense severity level of each offense. The
final calculation, following the scoresheet formula, determines the lowest permissible sentence
that the trial court may impose, absent a valid reason for departure.5
If an offense is unranked, the Criminal Punishment Code specifies a default level on the OSRC
depending on the felony degree of the offense. The criminal offense of altering, destroying, or
concealing physical evidence is ranked as a Level 3 offense in the OSRC.6
III. Effect of Proposed Changes:
The bill creates a new felony offense building upon the current offense of tampering with or
fabricating evidence. The new offense provides that tampering with or fabricating evidence
relating to a criminal trial or proceeding or an investigation involving a capital offense is a
second degree felony.7 The bill ranks the new second degree felony offense as a Level 6 in
the OSRC.
The bill is effective October 1, 2022.
1
A third degree felony is punishable by up to 5 years imprisonment and a $5,000 fine. Sections 775.082 and 775.083, F.S.
2
E.I. v. State, 25 So. 3d 626 (Fla. 2d DCA 2009).
3
Section 775.082(1)(a), F.S.
4
See ss. 782.04(2)(a), 794.011(2)(a), and 893.135, F.S.
5
Section 921.0022(3)(c), F.S.
6
Id.
7
A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Sections 775.082 and 775.083,
F.S.
BILL: CS/SB 796 Page 3
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not appear to require cities and counties to expend funds or limit their
authority to raise revenue or receive state-shared revenues as specified by Article VII,
Section 18 of the State Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The Criminal Justice Impact Conference has not yet considered CS/SB 796; however, the
Office of Economic and Demographic Research has provided a Proposed Estimate for
CS/HB 287 which is identical to CS/SB 796.8 The Proposed Estimate for CS/HB 287 is
that the bill will have a Positive Indeterminate impact (an unquantifiable increase in
prison beds) on the Department of Corrections.9
VI. Technical Deficiencies:
None.
8
The Proposed Estimates for CS/HB 287 and SB 796 are on file with the Senate Criminal Justice Committee.
9
Id.
BILL: CS/SB 796 Page 4
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 918.13 and
921.0022.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Criminal Justice on January 25, 2022:
The committee substitute:
Includes s. 918.13(1)(b), F.S., the third degree felony crime of fabricating physical
evidence in the Offense Severity Ranking Chart at Level 3.
Ranks the second degree felony offense of tampering with or fabricating evidence
relating to a criminal trial or proceeding or an investigation involving a capital
offense, or an offense involving the death of a person in the Offense Severity Ranking
Chart at Level 6. This offense is created in the bill.
Deletes a second degree felony offense of tampering with or fabricating evidence
relating to a criminal trial or proceeding or an investigation involving a violent felony
offense described in s. 775.084(1)(b)1., F.S.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Statutes affected: S 796 Filed: 918.13, 921.0022
S 796 c1: 918.13