HB 1289

1
A bill to be entitled
2An act relating to money laundering; amending s. 560.103,
3F.S.; defining the term "proceeds" for purposes of
4provisions relating to money services businesses; amending
5s. 560.125, F.S.; revising provisions relating to criminal
6penalties for violations relating to money services
7businesses; providing for aggregating transactions for the
8purposes of determining the grade of offenses; amending s.
9655.50, F.S.; defining the term "proceeds" for purposes of
10provisions relating to money laundering; revising
11provisions relating to criminal penalties for violations
12relating to money laundering; providing for aggregating
13transactions for the purposes of determining the grade of
14offenses; creating s. 895.011, F.S.; providing legislative
15intent concerning construction of provisions relating to
16offenses concerning racketeering and illegal debts;
17amending s. 895.02, F.S.; defining the term "prosecuting
18authority" for purposes of Florida RICO Act; creating s.
19895.041, F.S.; providing for criminal forfeitures for
20violations of the Florida RICO Act; specifying property
21and interests subject to forfeiture; authorizing a fine in
22lieu of forfeiture; providing that title to property
23subject to forfeiture vests in the state upon the
24commission of the act giving rise to forfeiture; providing
25that subsequent transfer of the property may be subject to
26a special verdict of forfeiture; providing an exception;
27providing for certain actions to preserve property for
28forfeiture; providing for judgments of forfeiture;
29providing for seizure of forfeited property; authorizing a
30prosecuting authority to take specified actions in a
31forfeiture proceeding; authorizing rulemaking by the
32Attorney General; prohibiting certain actions by parties
33claiming an interest in property subject to forfeiture;
34providing exceptions; providing for discovery depositions;
35providing for notice of orders of forfeiture; providing
36for determination of claims of interest in forfeited
37property; providing for forfeiture of other property of
38the defendant up to the value of any property that is
39protected or unavailable; amending s. 896.101, F.S.;
40defining the term "proceeds" for purposes of Florida Money
41Laundering Act; revising provisions relating to criminal
42penalties for violations of the act; providing for
43aggregating transactions for the purposes of determining
44the grade of offenses; revising provisions relating to
45subpoenas issued under specified provisions to prohibit,
46if the subpoena contains a nondisclosure provision,
47notification concerning the subpoena other than to an
48attorney consulted by the person or entity whose testimony
49is sought; providing for fines for violations of such
50disclosure provisions; amending s. 923.03, F.S.; providing
51that a judgment of forfeiture may not be entered in a
52criminal proceeding unless the indictment or the
53information provides notice that the defendant has an
54interest in property that is subject to forfeiture;
55amending s. 921.0022, F.S.; conforming cross-references;
56providing an effective date.
57
58Be It Enacted by the Legislature of the State of Florida:
59
60     Section 1.  Subsections (28) through (30) of section
61560.103, Florida Statutes, are renumbered as subsections (29)
62through (31), respectively, and a new subsection (28) is added
63to that section to read:
64     560.103  Definitions.-As used in this chapter, the term:
65     (28)  "Proceeds" means any property derived from or
66obtained or retained, directly or indirectly, through some form
67of unlawful activity, including the gross receipts of such
68activity.
69     Section 2.  Subsection (5) of section 560.125, Florida
70Statutes, is amended to read:
71     560.125  Unlicensed activity; penalties.-
72     (5)(a)  A person who violates this section, if the
73violation involves:
74     1.(a)  Currency or payment instruments valued at more than
75exceeding $300 but less than $20,000 in any 12-month period,
76commits a felony of the third degree, punishable as provided in
77s. 775.082, s. 775.083, or s. 775.084.
78     2.(b)  Currency or payment instruments valued at totaling
79or exceeding $20,000 or more but less than $100,000 in any 12-
80month period, commits a felony of the second degree, punishable
81as provided in s. 775.082, s. 775.083, or s. 775.084.
82     3.(c)  Currency or payment instruments valued at totaling
83or exceeding $100,000 or more in any 12-month period, commits a
84felony of the first degree, punishable as provided in s.
85775.082, s. 775.083, or s. 775.084.
86     (b)  Amounts of value of separate transactions committed
87pursuant to one scheme or course of conduct, whether the
88transactions involve the same person or several persons, may be
89aggregated in determining the grade of the offense.
90     Section 3.  Paragraphs (f) and (g) of subsection (3) of
91section 655.50, Florida Statutes, are redesignated as paragraphs
92(g) and (h), respectively, a new paragraph (f) is added to that
93subsection, and paragraph (b) of subsection (10) of that section
94is amended, to read:
95     655.50  Florida Control of Money Laundering in Financial
96Institutions Act; reports of transactions involving currency or
97monetary instruments; when required; purpose; definitions;
98penalties.-
99     (3)  As used in this section, the term:
100     (f)  "Proceeds" means any property derived from or obtained
101or retained, directly or indirectly, through some form of
102unlawful activity, including the gross receipts of such
103activity.
104     (10)
105     (b)1.  A person who willfully violates or knowingly causes
106another to violate any provision of this section, when the
107violation involves:
108     a.1.  Financial transactions valued at totaling or
109exceeding $300 or more but less than $20,000 in any 12-month
110period, commits is guilty of a felony of the third degree,
111punishable as provided in s. 775.082 or s. 775.083; or
112     b.2.  Financial transactions valued at totaling or
113exceeding $20,000 or more but less than $100,000 commits in any
11412-month period is guilty of a felony of the second degree,
115punishable as provided in s. 775.082 or s. 775.083; or
116     c.3.  Financial transactions valued at totaling or
117exceeding $100,000 or more commits in any 12-month period is
118guilty of a felony of the first degree, punishable as provided
119in s. 775.082 or s. 775.083.
120     2.  Amounts of value of separate transactions committed
121pursuant to one scheme or course of conduct, whether the
122transactions involve the same person or several persons, may be
123aggregated in determining the grade of the offense.
124     Section 4.  Section 895.011, Florida Statutes, is created
125to read:
126     895.011  Construction.-The provisions of this chapter shall
127be liberally construed to achieve their remedial purposes of
128curtailing racketeering activities and controlled substance
129crimes and lessening the economic power of criminal
130organizations engaged in patterns of racketeering activities in
131this state.
132     Section 5.  Subsection (13) is added to section 895.02,
133Florida Statutes, to read:
134     895.02  Definitions.-As used in ss. 895.01-895.08, the
135term:
136     (13)  "Prosecuting authority" means the Attorney General,
137any state attorney, or the statewide prosecutor.
138     Section 6.  Section 895.041, Florida Statutes, is created
139to read:
140     895.041  Criminal forfeiture.-
141     (1)(a)  Upon conviction of a violation of s. 895.03, in
142addition to any other sanction, the defendant shall forfeit to
143the state, irrespective of any other provision of law, the
144following:
145     1.  Any interest the person has acquired or maintained in
146violation of s. 895.03.
147     2.  Any interest in, security of, claim against, or
148property or contractual right of any kind affording a source of
149influence over any enterprise that the person has established,
150operated, controlled, or conducted, or participated in the
151conduct of, in violation of s. 895.03.
152     3.  Any property constituting, or derived from, any
153proceeds that the person obtained, directly or indirectly, from
154racketeering activity or unlawful debt collection in violation
155of s. 895.03.
156     (b)  In imposing sentence on a person convicted of a
157violation of s. 895.03, the court shall order, in addition to
158any other sentence imposed, that the person forfeit all property
159described in this subsection. In lieu of a forfeiture otherwise
160authorized by this section, a defendant convicted of such a
161violation who derives profits or other proceeds from the offense
162may, in addition to any other fine authorized by law, be fined
163not more than three times the gross profits or other proceeds.
164     (2)  Property subject to criminal forfeiture under this
165section includes:
166     (a)  Real property, including things growing on, affixed
167to, and found in land.
168     (b)  Tangible and intangible personal property, including
169rights, privileges, interests, claims, and securities.
170     (3)  All right, title, and interest in property described
171in subsection (1) vests in the state upon the commission of the
172act giving rise to forfeiture under this section. Any such
173property that is subsequently transferred to a person other than
174the defendant may be the subject of a special verdict of
175forfeiture and thereafter shall be ordered forfeited to the
176state, unless the transferee establishes in a hearing pursuant
177to subsection (l) that he or she is a bona fide purchaser for
178value of such property who at the time of purchase was
179reasonably without cause to believe that the property was
180subject to forfeiture under this section.
181     (4)(a)  Upon application of the state, the court may enter
182a restraining order or injunction, require the execution of a
183satisfactory performance bond, or take any other action to
184preserve the availability of property described in subsection
185(1) for forfeiture under this section:
186     1.  Upon the filing of an indictment or information
187charging a violation of s. 895.03(3) and alleging that the
188property with respect to which the order is sought would, in the
189event of conviction, be subject to forfeiture under this
190section; or
191     2.  Prior to the filing of such an indictment or
192information, if, after notice to persons appearing to have an
193interest in the property and opportunity for a hearing, the
194court determines that:
195     a.  There is a substantial probability that the state will
196prevail on the issue of forfeiture and that failure to enter the
197order will result in the property being destroyed, removed from
198the jurisdiction of the court, or otherwise made unavailable for
199forfeiture; and
200     b.  The need to preserve the availability of the property
201through the entry of the requested order outweighs the hardship
202on any party against whom the order is to be entered.
203
204An order entered pursuant to this subparagraph may be effective
205for no more than 90 days unless extended by the court for good
206cause shown or unless an indictment or information described in
207subparagraph 1. has been filed.
208     (b)  A temporary restraining order under this subsection
209may be entered upon application of the state without notice or
210opportunity for a hearing when an information or indictment has
211not yet been filed with respect to the property, if the state
212demonstrates that there is probable cause to believe that the
213property with respect to which the order is sought would, in the
214event of conviction, be subject to forfeiture under this section
215and that provision of notice will jeopardize the availability of
216the property for forfeiture. Such a temporary order shall expire
217not more than 10 days after the date on which it is entered,
218unless extended for good cause shown or the party against whom
219it is entered consents to an extension for a longer period. A
220hearing requested concerning an order entered under this
221paragraph shall be held at the earliest possible time and prior
222to the expiration of the temporary order.
223     (c)  At a hearing held pursuant to this subsection, the
224court may receive and consider evidence and information that
225would be inadmissible under the Florida Rules of Evidence.
226     (5)  Upon finding that the state is entitled to forfeiture
227of property under this section, the court shall enter a judgment
228of forfeiture of the property to the state and shall also
229authorize the prosecuting authority to seize all property
230ordered forfeited upon such terms and conditions as the court
231deems proper. Following the entry of an order declaring the
232property forfeited, the court may, upon application of the
233state, enter such appropriate restraining orders or injunctions,
234require the execution of satisfactory performance bonds, appoint
235receivers, conservators, appraisers, accountants, or trustees,
236or take any other action to protect the interest of the state in
237the property ordered forfeited. Any income accruing to, or
238derived from, an enterprise or an interest in an enterprise
239which has been ordered forfeited under this section may be used
240to offset ordinary and necessary expenses to the enterprise
241which are required by law or are necessary to protect the
242interests of the state or of third parties.
243     (6)  Following the seizure of property ordered forfeited
244under this section, the prosecuting authority shall direct the
245disposition of the property by sale or any other commercially
246feasible means, making due provision for the rights of any
247innocent persons. Any property right or interest not exercisable
248by, or transferable for value to, the state shall expire and
249shall not revert to the defendant, nor shall the defendant or
250any person acting in concert with or on behalf of the defendant
251be eligible to purchase forfeited property at any sale held by
252the state. Upon application of a person, other than the
253defendant or a person acting in concert with or on behalf of the
254defendant, the court may restrain or stay the sale or
255disposition of the property pending the conclusion of any appeal
256of the criminal case giving rise to the forfeiture, if the
257applicant demonstrates that proceeding with the sale or
258disposition of the property will result in irreparable injury,
259harm, or loss to him or her. The proceeds of any sale or other
260disposition of property forfeited under this section and any
261moneys forfeited shall be used to pay all proper expenses for
262the forfeiture and the sale, including expenses of seizure,
263maintenance, and custody of the property pending its
264disposition, advertising, and court costs. The prosecuting
265authority shall deposit in the General Revenue Fund any amounts
266of such proceeds or moneys remaining after the payment of such
267expenses.
268     (7)  With respect to property ordered forfeited under this
269section, the prosecuting authority is authorized to do the
270following:
271     (a)  Grant petitions for mitigation or remission of
272forfeiture, restore forfeited property to victims of a violation
273of this chapter, or take any other action to protect the rights
274of innocent persons which is in the interest of justice and
275which is not inconsistent with the provisions of this chapter.
276     (b)  Compromise claims arising under this section.
277     (c)  Award compensation to persons providing information
278resulting in a forfeiture under this section.
279     (d)  Direct the disposition by the state of all property
280ordered forfeited under this section by public sale or any other
281commercially feasible means, making due provision for the rights
282of innocent persons.
283     (e)  Take appropriate measures necessary to safeguard and
284maintain property ordered forfeited under this section pending
285its disposition.
286     (8)  The Attorney General may adopt rules with respect to
287the following:
288     (a)  Making reasonable efforts to provide notice to persons
289who may have an interest in property ordered forfeited under
290this section.
291     (b)  Granting petitions for remission or mitigation of
292forfeiture.
293     (c)  The restitution of property to victims of an offense
294petitioning for remission or mitigation of forfeiture under this
295section.
296     (d)  The disposition by the state of forfeited property by
297public sale or other commercially feasible means.
298     (e)  The maintenance and safekeeping of any property
299forfeited under this section pending its disposition.
300     (f)  The compromise of claims arising under this section.
301
302Pending the adoption of such rules, all provisions of law
303relating to the disposition of property, or the proceeds from
304the sale of such property, or the remission or mitigation of
305forfeitures for violation of the laws, and the compromise of
306claims and the award of compensation to persons providing
307information in respect of such forfeitures shall apply to
308forfeitures incurred, or alleged to have been incurred, under
309the provisions of this section, as applicable and not
310inconsistent with the provisions of this section.
311     (9)  Except as provided in subsection (12), a party
312claiming an interest in property subject to forfeiture under
313this section may not:
314     (a)  Intervene in a trial or appeal of a criminal case
315involving the forfeiture of such property under this section; or
316     (b)  Commence an action at law or equity against the state
317concerning the validity of his alleged interest in the property
318subsequent to the filing of an indictment or information
319alleging that the property is subject to forfeiture under this
320section.
321     (10)  The circuit courts shall have jurisdiction to enter
322orders as provided in this section without regard to the
323location of any property that may be subject to forfeiture under
324this section or that has been ordered forfeited under this
325section.
326     (11)  In order to facilitate the identification or location
327of property declared forfeited and to facilitate the disposition
328of petitions for remission or mitigation of forfeiture, after
329the entry of an order declaring property forfeited to the state,
330the court may, upon the state's application, order that the
331testimony of any witness relating to the property forfeited be
332taken by deposition and that any designated book, paper,
333document, record, recording, or other material not privileged be
334produced at the same time and place, in the same manner as
335provided for the taking of depositions under Rule 3.220, Florida
336Rules of Criminal Procedure.
337     (12)(a)  Following the entry of an order of forfeiture
338under this section, the state shall publish notice of the order
339and of its intent to dispose of the property in such manner as
340the prosecuting authority may direct. The state may also, to the
341extent practicable, provide direct written notice to any person
342known to have alleged an interest in the property that is the
343subject of the order of forfeiture as a substitute for published
344notice as to those persons so notified.
345     (b)  Any person, other than the defendant, asserting a
346legal interest in property which has been ordered forfeited to
347the state to this section may, within 30 days after the final
348publication of notice or his or her receipt of notice under
349subsection (1), whichever is earlier, petition the court for a
350hearing to adjudicate the validity of his or her alleged
351interest in the property. The hearing shall be held before the
352court alone, without a jury.
353     (c)  The petition shall be signed by the petitioner under
354penalty of perjury and shall set forth the nature and extent of
355the petitioner's right, title, or interest in the property, the
356time and circumstances of the petitioner's acquisition of the
357right, title, or interest in the property, any additional facts
358supporting the petitioner's claim, and the relief sought.
359     (d)  The hearing on the petition shall, to the extent
360practicable and consistent with the interests of justice, be
361held within 30 days after the filing of the petition. The court
362may consolidate the hearing on the petition with a hearing on
363any other petition filed by a person other than the defendant
364under this subsection.
365     (e)  At the hearing, the petitioner may testify and present
366evidence and witnesses on his or her own behalf and cross-
367examine witnesses who appear at the hearing. The state may
368present evidence and witnesses in rebuttal and in defense of its
369claim to the property and cross-examine witnesses who appear at
370the hearing. In addition to testimony and evidence presented at
371the hearing, the court shall consider the relevant portions of
372the record of the criminal case which resulted in the order of
373forfeiture.
374     (f)  If, after the hearing, the court determines that the
375petitioner has established by a preponderance of the evidence
376that:
377     1.  The petitioner has a legal right, title, or interest in
378the property and such right, title, or interest renders the
379order of forfeiture invalid in whole or in part because the
380right, title, or interest was vested in the petitioner rather
381than the defendant or was superior to any right, title, or
382interest of the defendant at the time of the commission of the
383acts which gave rise to the forfeiture of the property under
384this section; or
385     2.  The petitioner is a bona fide purchaser for value of
386the right, title, or interest in the property and was at the
387time of purchase reasonably without cause to believe that the
388property was subject to forfeiture under this section,
389
390the court shall amend the order of forfeiture in accordance with
391its determination.
392     (g)  Following the court's disposition of all petitions
393filed under this subsection, or if no such petitions are filed
394following the expiration of the period provided in subsection
395(2) for the filing of such petitions, the state shall have clear
396title to property that is the subject of the order of forfeiture
397and may warrant good title to any subsequent purchaser or
398transferee.
399     (13)  If any of the property described in subsection (1) is
400protected by s. 6, Art. VII of the Florida Constitution or, as a
401result of any act or omission of the defendant, is otherwise
402unreachable because it:
403     (a)  Cannot be located upon the exercise of due diligence;
404     (b)  Has been transferred or sold to, or deposited with, a
405third party;
406     (c)  Has been placed beyond the jurisdiction of the court;
407     (d)  Has been substantially diminished in value; or
408     (e)  Has been commingled with other property which cannot
409be divided without difficulty,
410
411the court shall order the forfeiture of any other property of
412the defendant up to the value of any such protected or
413unavailable property.
414     Section 7.  Paragraphs (g), (h), and (i) of subsection (2)
415of section 896.101, Florida Statutes, are redesignated as
416paragraphs (h), (i), and (j), respectively, a new paragraph (g)
417is added to that subsection, and paragraph (a) of subsection (2)
418and subsections (5) and (10) of that section are amended, to
419read:
420     896.101  Florida Money Laundering Act; definitions;
421penalties; injunctions; seizure warrants; immunity.-
422     (2)  As used in this section, the term:
423     (a)  "Knowing that the property involved in a financial
424transaction represents the proceeds of some form of unlawful
425activity" means that the person knew the property involved in
426the transaction represented proceeds from some form, though not
427necessarily which form, of activity that constitutes a felony
428under state or federal law, regardless of whether or not such
429activity is specified in paragraph (h) (g).
430     (g)  "Proceeds" means any property derived from or obtained
431or retained, directly or indirectly, through some form of
432unlawful activity, including the gross receipts of such
433activity.
434     (5)(a)  A person who violates this section, if the
435violation involves:
436     1.(a)  Financial transactions valued at exceeding $300 but
437less than $20,000 in any 12-month period, commits a felony of
438the third degree, punishable as provided in s. 775.082, s.
439775.083, or s. 775.084.
440     2.(b)  Financial transactions valued at totaling or
441exceeding $20,000 or more but less than $100,000 in any 12-month
442period, commits a felony of the second degree, punishable as
443provided in s. 775.082, s. 775.083, or s. 775.084.
444     3.(c)  Financial transactions valued at totaling or
445exceeding $100,000 or more in any 12-month period, commits a
446felony of the first degree, punishable as
447775.082, s. 775.083, or s. 775.084.
448     (b)  Amounts of value of separate transactions committed
449pursuant to one scheme or course of conduct, whether the
450transactions involve the same person or several persons, may be
451aggregated in determining the grade of the offense.
452     (10)(a)  Any financial institution, licensed money services
453business, or other person served with and complying with the
454terms of a warrant, temporary injunction, or other court order,
455including any subpoena issued under s. 16.56 or s. 27.04,
456obtained in furtherance of an investigation of any crime in this
457section, including any crime listed as specified unlawful
458activity under this section or any felony violation of chapter
459560, has immunity from criminal liability and is not liable to
460any person for any lawful action taken in complying with the
461warrant, temporary injunction, or other court order, including
462any subpoena issued under s. 16.56 or s. 27.04. If any subpoena
463issued under s. 16.56 or s. 27.04 contains a nondisclosure
464provision, any financial institution, licensed money services
465business, employee or officer of a financial institution or
466licensed money services business, or any other person may not
467notify, directly or indirectly, any customer of that financial
468institution or money services business whose records are being
469sought by the subpoena, or any other person, other than an
470attorney consulted by the person or entity whose testimony is
471sought in the matter named in the subpoena, about the existence
472or the contents of that subpoena, or of the investigation, or
473about information that has been furnished to the state attorney
474or statewide prosecutor who issued the subpoena or any other law
475enforcement officer named in the subpoena in response to the
476subpoena.
477     (b)  Any person who, having received or been served with
478such a warrant, temporary injunction, or other court order,
479including any subpoena issued under s. 16.56 or s. 27.04,
480containing a nondisclosure provision as described in paragraph
481(a) who thereafter notifies any person of information in
482violation of paragraph (a) shall be fined $5,000 for each such
483unauthorized notification.
484     Section 8.  Subsection (3) is added to section 923.03,
485Florida Statutes, to read:
486     923.03  Indictment and information.-
487     (3)  A judgment of forfeiture may not be entered in a
488criminal proceeding unless the indictment or the information
489provides notice that the defendant has an interest in property
490that is subject to forfeiture in accordance with the applicable
491statute.
492     Section 9.  Paragraphs (g), (h), and (i) of subsection (3)
493of section 921.0022, Florida Statutes, are amended to read:
494     921.0022  Criminal Punishment Code; offense severity
495ranking chart.-
496     (3)  OFFENSE SEVERITY RANKING CHART
497     (g)  LEVEL 7
498
 
Florida StatuteFelony DegreeDescription
499
 
316.027(1)(b)1stAccident involving death, failure to stop; leaving scene.
500
 
316.193(3)(c)2.3rdDUI resulting in serious bodily injury.
501
 
316.1935(3)(b)1stCausing serious bodily injury or death to another person; 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.
502
 
327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.
503
 
402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
504
 
409.920(2)(b)1.a.3rdMedicaid provider fraud; $10,000 or less.
505
 
409.920(2)(b)1.b.2ndMedicaid provider fraud; more than $10,000, but less than $50,000.
506
 
456.065(2)3rdPracticing a health care profession without a license.
507
 
456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.
508
 
458.327(1)3rdPracticing medicine without a license.
509
 
459.013(1)3rdPracticing osteopathic medicine without a license.
510
 
460.411(1)3rdPracticing chiropractic medicine without a license.
511
 
461.012(1)3rdPracticing podiatric medicine without a license.
512
 
462.173rdPracticing naturopathy without a license.
513
 
463.015(1)3rdPracticing optometry without a license.
514
 
464.016(1)3rdPracticing nursing without a license.
515
 
465.015(2)3rdPracticing pharmacy without a license.
516
 
466.026(1)3rdPracticing dentistry or dental hygiene without a license.
517
 
467.2013rdPracticing midwifery without a license.
518
 
468.3663rdDelivering respiratory care services without a license.
519
 
483.828(1)3rdPracticing as clinical laboratory personnel without a license.
520
 
483.901(9)3rdPracticing medical physics without a license.
521
 
484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.
522
 
484.0533rdDispensing hearing aids without a license.
523
 
494.0018(2)1stConviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
524
 
560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
525
 
560.125(5)(a)1.3rdMoney services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
526
 
655.50(10)(b)1.a.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
527
 
775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
528
 
775.21(10)(b)3rdSexual predator working where children regularly congregate.
529
 
775.21(10)(g)3rdFailure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
530
 
782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
531
 
782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).
532
 
782.0712ndKilling of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
533
 
782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).
534
 
784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.
535
 
784.045(1)(a)2.2ndAggravated battery; using deadly weapon.
536
 
784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.
537
 
784.048(4)3rdAggravated stalking; violation of injunction or court order.
538
 
784.048(7)3rdAggravated stalking; violation of court order.
539
 
784.07(2)(d)1stAggravated battery on law enforcement officer.
540
 
784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.
541
 
784.08(2)(a)1stAggravated battery on a person 65 years of age or older.
542
 
784.081(1)1stAggravated battery on specified official or employee.
543
 
784.082(1)1stAggravated battery by detained person on visitor or other detainee.
544
 
784.083(1)1stAggravated battery on code inspector.
545
 
790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
546
 
790.16(1)1stDischarge of a machine gun under specified circumstances.
547
 
790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.
548
 
790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
549
 
790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.
550
 
790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
551
 
790.231st,PBLPossession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
552
 
794.08(4)3rdFemale genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
553
 
796.032ndProcuring any person under 16 years for prostitution.
554
 
800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
555
 
800.04(5)(c)2.2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
556
 
806.01(2)2ndMaliciously damage structure by fire or explosive.
557
 
810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.
558
 
810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.
559
 
810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.
560
 
810.02(3)(e)2ndBurglary of authorized emergency vehicle.
561
 
812.014(2)(a)1.1stProperty 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.
562
 
812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
563
 
812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.
564
 
812.014(2)(b)4.2ndProperty stolen, law enforcement equipment from authorized emergency vehicle.
565
 
812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.
566
 
812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
567
 
812.131(2)(a)2ndRobbery by sudden snatching.
568
 
812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.
569
 
817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.
570
 
817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.
571
 
817.234(11)(c)1stInsurance fraud; property value $100,000 or more.
572
 
817.2341(2)(b) & (3)(b)1stMaking false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
573
 
825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
574
 
825.103(2)(b)2ndExploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
575
 
827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.
576
 
827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.
577
 
837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.
578
 
838.0152ndBribery.
579
 
838.0162ndUnlawful compensation or reward for official behavior.
580
 
838.021(3)(a)2ndUnlawful harm to a public servant.
581
 
838.222ndBid tampering.
582
 
847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.
583
 
847.0135(4)2ndTraveling to meet a minor to commit an unlawful sex act.
584
 
872.062ndAbuse of a dead human body.
585
 
874.101st,PBLKnowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
586
 
893.13(1)(c)1.1stSell, 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)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
587
 
893.13(1)(e)1.1stSell, 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)4., within 1,000 feet of property used for religious services or a specified business site.
588
 
893.13(4)(a)1stDeliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
589
 
893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
590
 
893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.
591
 
893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.
592
 
893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.
593
 
893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.
594
 
893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.
595
 
893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.
596
 
893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
597
 
893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
598
 
893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.
599
 
893.1351(2)2ndPossession of place for trafficking in or manufacturing of controlled substance.
600
 
896.101(5)(a)1.3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.
601
 
896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
602
 
943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.
603
 
943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
604
 
943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.
605
 
943.0435(13)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
606
 
943.0435(14)3rdSexual offender; failure to report and reregister; failure to respond to address verification.
607
 
944.607(9)3rdSexual offender; failure to comply with reporting requirements.
608
 
944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.
609
 
944.607(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
610
 
944.607(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.
611
 
985.4815(10)3rdSexual offender; failure to submit to the taking of a digitized photograph.
612
 
985.4815(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
613
 
985.4815(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.
614
615     (h)  LEVEL 8
616
 
Florida StatuteFelony DegreeDescription
617
 
316.193(3)(c)3.a.2ndDUI manslaughter.
618
 
316.1935(4)(b)1stAggravated fleeing or attempted eluding with serious bodily injury or death.
619
 
327.35(3)(c)3.2ndVessel BUI manslaughter.
620
 
499.0051(7)1stKnowing trafficking in contraband prescription drugs.
621
 
499.0051(8)1stKnowing forgery of prescription labels or prescription drug labels.
622
 
560.123(8)(b)2.2ndFailure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
623
 
560.125(5)(a)2.(b)2ndMoney transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
624
 
655.50(10)(b)1.a.2.2ndFailure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
625
 
777.03(2)(a)1stAccessory after the fact, capital felony.
626
 
782.04(4)2ndKilling of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
627
 
782.051(2)1stAttempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
628
 
782.071(1)(b)1stCommitting vehicular homicide and failing to render aid or give information.
629
 
782.072(2)1stCommitting vessel homicide and failing to render aid or give information.
630
 
790.161(3)1stDischarging a destructive device which results in bodily harm or property damage.
631
 
794.011(5)2ndSexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
632
 
794.08(3)2ndFemale genital mutilation, removal of a victim younger than 18 years of age from this state.
633
 
800.04(4)2ndLewd or lascivious battery.
634
 
806.01(1)1stMaliciously damage dwelling or structure by fire or explosive, believing person in structure.
635
 
810.02(2)(a)1st,PBLBurglary with assault or battery.
636
 
810.02(2)(b)1st,PBLBurglary; armed with explosives or dangerous weapon.
637
 
810.02(2)(c)1stBurglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
638
 
812.014(2)(a)2.1stProperty stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
639
 
812.13(2)(b)1stRobbery with a weapon.
640
 
812.135(2)(c)1stHome-invasion robbery, no firearm, deadly weapon, or other weapon.
641
 
817.568(6)2ndFraudulent use of personal identification information of an individual under the age of 18.
642
 
825.102(2)1stAggravated abuse of an elderly person or disabled adult.
643
 
825.1025(2)2ndLewd or lascivious battery upon an elderly person or disabled adult.
644
 
825.103(2)(a)1stExploiting an elderly person or disabled adult and property is valued at $100,000 or more.
645
 
837.02(2)2ndPerjury in official proceedings relating to prosecution of a capital felony.
646
 
837.021(2)2ndMaking contradictory statements in official proceedings relating to prosecution of a capital felony.
647
 
860.121(2)(c)1stShooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
648
 
860.161stAircraft piracy.
649
 
893.13(1)(b)1stSell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
650
 
893.13(2)(b)1stPurchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
651
 
893.13(6)(c)1stPossess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
652
 
893.135(1)(a)2.1stTrafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
653
 
893.135(1)(b)1.b.1stTrafficking in cocaine, more than 200 grams, less than 400 grams.
654
 
893.135(1)(c)1.b.1stTrafficking in illegal drugs, more than 14 grams, less than 28 grams.
655
 
893.135(1)(d)1.b.1stTrafficking in phencyclidine, more than 200 grams, less than 400 grams.
656
 
893.135(1)(e)1.b.1stTrafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
657
 
893.135(1)(f)1.b.1stTrafficking in amphetamine, more than 28 grams, less than 200 grams.
658
 
893.135(1)(g)1.b.1stTrafficking in flunitrazepam, 14 grams or more, less than 28 grams.
659
 
893.135(1)(h)1.b.1stTrafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
660
 
893.135(1)(j)1.b.1stTrafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
661
 
893.135(1)(k)2.b.1stTrafficking in Phenethylamines, 200 grams or more, less than 400 grams.
662
 
893.1351(3)1stPossession of a place used to manufacture controlled substance when minor is present or resides there.
663
 
895.03(1)1stUse or invest proceeds derived from pattern of racketeering activity.
664
 
895.03(2)1stAcquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
665
 
895.03(3)1stConduct or participate in any enterprise through pattern of racketeering activity.
666
 
896.101(5)(a)2.(b)2ndMoney laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
667
 
896.104(4)(a)2.2ndStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
668
669     (i)  LEVEL 9
670
 
Florida StatuteFelony DegreeDescription
671
 
316.193(3)(c)3.b.1stDUI manslaughter; failing to render aid or give information.
672
 
327.35(3)(c)3.b.1stBUI manslaughter; failing to render aid or give information.
673
 
409.920(2)(b)1.c.1stMedicaid provider fraud; $50,000 or more.
674
 
499.0051(9)1stKnowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
675
 
560.123(8)(b)3.1stFailure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
676
 
560.125(5)(a)3.(c)1stMoney transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
677
 
655.50(10)(b)1.c.3.1stFailure to report financial transactions totaling or exceeding $100,000 by financial institution.
678
 
775.08441stAggravated white collar crime.
679
 
782.04(1)1stAttempt, conspire, or solicit to commit premeditated murder.
680
 
782.04(3)1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
681
 
782.051(1)1stAttempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
682
 
782.07(2)1stAggravated manslaughter of an elderly person or disabled adult.
683
 
787.01(1)(a)1.1st,PBLKidnapping; hold for ransom or reward or as a shield or hostage.
684
 
787.01(1)(a)2.1st,PBLKidnapping with intent to commit or facilitate commission of any felony.
685
 
787.01(1)(a)4.1st,PBLKidnapping with intent to interfere with performance of any governmental or political function.
686
 
787.02(3)(a)1stFalse imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
687
 
790.1611stAttempted capital destructive device offense.
688
 
790.166(2)1st,PBLPossessing, selling, using, or attempting to use a weapon of mass destruction.
689
 
794.011(2)1stAttempted sexual battery; victim less than 12 years of age.
690
 
794.011(2)LifeSexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
691
 
794.011(4)1stSexual battery; victim 12 years or older, certain circumstances.
692
 
794.011(8)(b)1stSexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
693
 
794.08(2)1stFemale genital mutilation; victim younger than 18 years of age.
694
 
800.04(5)(b)LifeLewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
695
 
812.13(2)(a)1st,PBLRobbery with firearm or other deadly weapon.
696
 
812.133(2)(a)1st,PBLCarjacking; firearm or other deadly weapon.
697
 
812.135(2)(b)1stHome-invasion robbery with weapon.
698
 
817.568(7)2nd,PBLFraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
699
 
827.03(2)1stAggravated child abuse.
700
 
847.0145(1)1stSelling, or otherwise transferring custody or control, of a minor.
701
 
847.0145(2)1stPurchasing, or otherwise obtaining custody or control, of a minor.
702
 
859.011stPoisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
703
 
893.1351stAttempted capital trafficking offense.
704
 
893.135(1)(a)3.1stTrafficking in cannabis, more than 10,000 lbs.
705
 
893.135(1)(b)1.c.1stTrafficking in cocaine, more than 400 grams, less than 150 kilograms.
706
 
893.135(1)(c)1.c.1stTrafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
707
 
893.135(1)(d)1.c.1stTrafficking in phencyclidine, more than 400 grams.
708
 
893.135(1)(e)1.c.1stTrafficking in methaqualone, more than 25 kilograms.
709
 
893.135(1)(f)1.c.1stTrafficking in amphetamine, more than 200 grams.
710
 
893.135(1)(h)1.c.1stTrafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
711
 
893.135(1)(j)1.c.1stTrafficking in 1,4-Butanediol, 10 kilograms or more.
712
 
893.135(1)(k)2.c.1stTrafficking in Phenethylamines, 400 grams or more.
713
 
896.101(5)(a)3.(c)1stMoney laundering, financial instruments totaling or exceeding $100,000.
714
 
896.104(4)(a)3.1stStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
715
716     Section 10.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.