Florida Senate - 2011 CS for SB 204
By the Committee on Criminal Justice; and Senator Wise
591-00655-11 2011204c1
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 893.02, F.S.; defining the term “homologue” for
4 purposes of the Florida Comprehensive Drug Abuse
5 Prevention and Control Act; amending s. 893.03, F.S.;
6 including certain hallucinogenic substances on the
7 list of controlled substances in Schedule I;
8 reenacting ss. 893.13(1), (2), (4), and (5),
9 893.135(1)(l), and 921.0022(3)(b), (c), and (e), F.S.,
10 relating to prohibited acts and penalties regarding
11 controlled substances and the offense severity chart
12 of the Criminal Punishment Code, to incorporate the
13 amendment to s. 893.03, F.S., in references thereto;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Present subsections (11) through (22) of section
19 893.02, Florida Statutes, are redesignated as subsections (12)
20 through (23), respectively, and a new subsection (11) is added
21 to that section, to read:
22 893.02 Definitions.—The following words and phrases as used
23 in this chapter shall have the following meanings, unless the
24 context otherwise requires:
25 (11) “Homologue” means a chemical compound in a series in
26 which each compound differs by one or more alkyl functional
27 groups on an alkyl side chain.
28 Section 2. Paragraph (c) of subsection (1) of section
29 893.03, Florida Statutes, is amended to read:
30 893.03 Standards and schedules.—The substances enumerated
31 in this section are controlled by this chapter. The controlled
32 substances listed or to be listed in Schedules I, II, III, IV,
33 and V are included by whatever official, common, usual,
34 chemical, or trade name designated. The provisions of this
35 section shall not be construed to include within any of the
36 schedules contained in this section any excluded drugs listed
37 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
38 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
39 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
40 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
41 Anabolic Steroid Products.”
42 (1) SCHEDULE I.—A substance in Schedule I has a high
43 potential for abuse and has no currently accepted medical use in
44 treatment in the United States and in its use under medical
45 supervision does not meet accepted safety standards. The
46 following substances are controlled in Schedule I:
47 (c) Unless specifically excepted or unless listed in
48 another schedule, any material, compound, mixture, or
49 preparation which contains any quantity of the following
50 hallucinogenic substances or which contains any of their salts,
51 isomers, and salts of isomers, whenever the existence of such
52 salts, isomers, and salts of isomers is possible within the
53 specific chemical designation:
54 1. Alpha-ethyltryptamine.
55 2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
56 methylaminorex).
57 3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
58 4. 4-Bromo-2,5-dimethoxyamphetamine.
59 5. 4-Bromo-2, 5-dimethoxyphenethylamine.
60 6. Bufotenine.
61 7. Cannabis.
62 8. Cathinone.
63 9. Diethyltryptamine.
64 10. 2,5-Dimethoxyamphetamine.
65 11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
66 12. Dimethyltryptamine.
67 13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
68 analog of phencyclidine).
69 14. N-Ethyl-3-piperidyl benzilate.
70 15. N-ethylamphetamine.
71 16. Fenethylline.
72 17. N-Hydroxy-3,4-methylenedioxyamphetamine.
73 18. Ibogaine.
74 19. Lysergic acid diethylamide (LSD).
75 20. Mescaline.
76 21. Methcathinone.
77 22. 5-Methoxy-3,4-methylenedioxyamphetamine.
78 23. 4-methoxyamphetamine.
79 24. 4-methoxymethamphetamine.
80 25. 4-Methyl-2,5-dimethoxyamphetamine.
81 26. 3,4-Methylenedioxy-N-ethylamphetamine.
82 27. 3,4-Methylenedioxyamphetamine.
83 28. N-Methyl-3-piperidyl benzilate.
84 29. N,N-dimethylamphetamine.
85 30. Parahexyl.
86 31. Peyote.
87 32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
88 analog of phencyclidine).
89 33. Psilocybin.
90 34. Psilocyn.
91 35. Salvia divinorum, except for any drug product approved
92 by the United States Food and Drug Administration which contains
93 Salvia divinorum or its isomers, esters, ethers, salts, and
94 salts of isomers, esters, and ethers, whenever the existence of
95 such isomers, esters, ethers, and salts is possible within the
96 specific chemical designation.
97 36. Salvinorin A, except for any drug product approved by
98 the United States Food and Drug Administration which contains
99 Salvinorin A or its isomers, esters, ethers, salts, and salts of
100 isomers, esters, and ethers, whenever the existence of such
101 isomers, esters, ethers, and salts is possible within the
102 specific chemical designation.
103 37. Tetrahydrocannabinols.
104 38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
105 (Thiophene analog of phencyclidine).
106 39. 3,4,5-Trimethoxyamphetamine.
107 40. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
108 yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
109 homologue.
110 41. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2
111 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
112 also known as HU-210.
113 42. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
114 43. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
115 44. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also
116 known as JWH-200.
117 Section 3. For the purpose of incorporating the amendment
118 made by this act to section 893.03, Florida Statutes, in
119 references thereto, subsections (1), (2), (4), and (5) of
120 section 893.13, Florida Statutes, are reenacted to read:
121 893.13 Prohibited acts; penalties.—
122 (1)(a) Except as authorized by this chapter and chapter
123 499, it is unlawful for any person to sell, manufacture, or
124 deliver, or possess with intent to sell, manufacture, or
125 deliver, a controlled substance. Any person who violates this
126 provision with respect to:
127 1. A controlled substance named or described in s.
128 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
129 commits a felony of the second degree, punishable as provided in
130 s. 775.082, s. 775.083, or s. 775.084.
131 2. A controlled substance named or described in s.
132 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
133 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
134 the third degree, punishable as provided in s. 775.082, s.
135 775.083, or s. 775.084.
136 3. A controlled substance named or described in s.
137 893.03(5) commits a misdemeanor of the first degree, punishable
138 as provided in s. 775.082 or s. 775.083.
139 (b) Except as provided in this chapter, it is unlawful to
140 sell or deliver in excess of 10 grams of any substance named or
141 described in s. 893.03(1)(a) or (1)(b), or any combination
142 thereof, or any mixture containing any such substance. Any
143 person who violates this paragraph commits a felony of the first
144 degree, punishable as provided in s. 775.082, s. 775.083, or s.
145 775.084.
146 (c) Except as authorized by this chapter, it is unlawful
147 for any person to sell, manufacture, or deliver, or possess with
148 intent to sell, manufacture, or deliver, a controlled substance
149 in, on, or within 1,000 feet of the real property comprising a
150 child care facility as defined in s. 402.302 or a public or
151 private elementary, middle, or secondary school between the
152 hours of 6 a.m. and 12 midnight, or at any time in, on, or
153 within 1,000 feet of real property comprising a state, county,
154 or municipal park, a community center, or a publicly owned
155 recreational facility. For the purposes of this paragraph, the
156 term “community center” means a facility operated by a nonprofit
157 community-based organization for the provision of recreational,
158 social, or educational services to the public. Any person who
159 violates this paragraph with respect to:
160 1. A controlled substance named or described in s.
161 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
162 commits a felony of the first degree, punishable as provided in
163 s. 775.082, s. 775.083, or s. 775.084. The defendant must be
164 sentenced to a minimum term of imprisonment of 3 calendar years
165 unless the offense was committed within 1,000 feet of the real
166 property comprising a child care facility as defined in s.
167 402.302.
168 2. A controlled substance named or described in s.
169 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
170 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
171 the second degree, punishable as provided in s. 775.082, s.
172 775.083, or s. 775.084.
173 3. Any other controlled substance, except as lawfully sold,
174 manufactured, or delivered, must be sentenced to pay a $500 fine
175 and to serve 100 hours of public service in addition to any
176 other penalty prescribed by law.
177
178 This paragraph does not apply to a child care facility unless
179 the owner or operator of the facility posts a sign that is not
180 less than 2 square feet in size with a word legend identifying
181 the facility as a licensed child care facility and that is
182 posted on the property of the child care facility in a
183 conspicuous place where the sign is reasonably visible to the
184 public.
185 (d) Except as authorized by this chapter, it is unlawful
186 for any person to sell, manufacture, or deliver, or possess with
187 intent to sell, manufacture, or deliver, a controlled substance
188 in, on, or within 1,000 feet of the real property comprising a
189 public or private college, university, or other postsecondary
190 educational institution. Any person who violates this paragraph
191 with respect to:
192 1. A controlled substance named or described in s.
193 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
194 commits a felony of the first degree, punishable as provided in
195 s. 775.082, s. 775.083, or s. 775.084.
196 2. A controlled substance named or described in s.
197 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
198 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
199 the second degree, punishable as provided in s. 775.082, s.
200 775.083, or s. 775.084.
201 3. Any other controlled substance, except as lawfully sold,
202 manufactured, or delivered, must be sentenced to pay a $500 fine
203 and to serve 100 hours of public service in addition to any
204 other penalty prescribed by law.
205 (e) Except as authorized by this chapter, it is unlawful
206 for any person to sell, manufacture, or deliver, or possess with
207 intent to sell, manufacture, or deliver, a controlled substance
208 not authorized by law in, on, or within 1,000 feet of a physical
209 place for worship at which a church or religious organization
210 regularly conducts religious services or within 1,000 feet of a
211 convenience business as defined in s. 812.171. Any person who
212 violates this paragraph with respect to:
213 1. A controlled substance named or described in s.
214 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
215 commits a felony of the first degree, punishable as provided in
216 s. 775.082, s. 775.083, or s. 775.084.
217 2. A controlled substance named or described in s.
218 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
219 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
220 the second degree, punishable as provided in s. 775.082, s.
221 775.083, or s. 775.084.
222 3. Any other controlled substance, except as lawfully sold,
223 manufactured, or delivered, must be sentenced to pay a $500 fine
224 and to serve 100 hours of public service in addition to any
225 other penalty prescribed by law.
226 (f) Except as authorized by this chapter, it is unlawful
227 for any person to sell, manufacture, or deliver, or possess with
228 intent to sell, manufacture, or deliver, a controlled substance
229 in, on, or within 1,000 feet of the real property comprising a
230 public housing facility at any time. For purposes of this
231 section, the term “real property comprising a public housing
232 facility” means real property, as defined in s. 421.03(12), of a
233 public corporation created as a housing authority pursuant to
234 part I of chapter 421. Any person who violates this paragraph
235 with respect to:
236 1. A controlled substance named or described in s.
237 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
238 commits a felony of the first degree, punishable as provided in
239 s. 775.082, s. 775.083, or s. 775.084.
240 2. A controlled substance named or described in s.
241 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
242 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
243 the second degree, punishable as provided in s. 775.082, s.
244 775.083, or s. 775.084.
245 3. Any other controlled substance, except as lawfully sold,
246 manufactured, or delivered, must be sentenced to pay a $500 fine
247 and to serve 100 hours of public service in addition to any
248 other penalty prescribed by law.
249 (g) Except as authorized by this chapter, it is unlawful
250 for any person to manufacture methamphetamine or phencyclidine,
251 or possess any listed chemical as defined in s. 893.033 in
252 violation of s. 893.149 and with intent to manufacture
253 methamphetamine or phencyclidine. If any person violates this
254 paragraph and:
255 1. The commission or attempted commission of the crime
256 occurs in a structure or conveyance where any child under 16
257 years of age is present, the person commits a felony of the
258 first degree, punishable as provided in s. 775.082, s. 775.083,
259 or s. 775.084. In addition, the defendant must be sentenced to a
260 minimum term of imprisonment of 5 calendar years.
261 2. The commission of the crime causes any child under 16
262 years of age to suffer great bodily harm, the person commits a
263 felony of the first degree, punishable as provided in s.
264 775.082, s. 775.083, or s. 775.084. In addition, the defendant
265 must be sentenced to a minimum term of imprisonment of 10
266 calendar years.
267 (h) Except as authorized by this chapter, it is unlawful
268 for any person to sell, manufacture, or deliver, or possess with
269 intent to sell, manufacture, or deliver, a controlled substance
270 in, on, or within 1,000 feet of the real property comprising an
271 assisted living facility, as that term is used in chapter 429.
272 Any person who violates this paragraph with respect to:
273 1. A controlled substance named or described in s.
274 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
275 commits a felony of the first degree, punishable as provided in
276 s. 775.082, s. 775.083, or s. 775.084.
277 2. A controlled substance named or described in s.
278 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
279 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
280 the second degree, punishable as provided in s. 775.082, s.
281 775.083, or s. 775.084.
282 (2)(a) Except as authorized by this chapter and chapter
283 499, it is unlawful for any person to purchase, or possess with
284 intent to purchase, a controlled substance. Any person who
285 violates this provision with respect to:
286 1. A controlled substance named or described in s.
287 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
288 commits a felony of the second degree, punishable as provided in
289 s. 775.082, s. 775.083, or s. 775.084.
290 2. A controlled substance named or described in s.
291 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
292 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
293 the third degree, punishable as provided in s. 775.082, s.
294 775.083, or s. 775.084.
295 3. A controlled substance named or described in s.
296 893.03(5) commits a misdemeanor of the first degree, punishable
297 as provided in s. 775.082 or s. 775.083.
298 (b) Except as provided in this chapter, it is unlawful to
299 purchase in excess of 10 grams of any substance named or
300 described in s. 893.03(1)(a) or (1)(b), or any combination
301 thereof, or any mixture containing any such substance. Any
302 person who violates this paragraph commits a felony of the first
303 degree, punishable as provided in s. 775.082, s. 775.083, or s.
304 775.084.
305 (4) Except as authorized by this chapter, it is unlawful
306 for any person 18 years of age or older to deliver any
307 controlled substance to a person under the age of 18 years, or
308 to use or hire a person under the age of 18 years as an agent or
309 employee in the sale or delivery of such a substance, or to use
310 such person to assist in avoiding detection or apprehension for
311 a violation of this chapter. Any person who violates this
312 provision with respect to:
313 (a) A controlled substance named or described in s.
314 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
315 commits a felony of the first degree, punishable as provided in
316 s. 775.082, s. 775.083, or s. 775.084.
317 (b) A controlled substance named or described in s.
318 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
319 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
320 the second degree, punishable as provided in s. 775.082, s.
321 775.083, or s. 775.084.
322
323 Imposition of sentence may not be suspended or deferred, nor
324 shall the person so convicted be placed on probation.
325 (5) It is unlawful for any person to bring into this state
326 any controlled substance unless the possession of such
327 controlled substance is authorized by this chapter or unless
328 such person is licensed to do so by the appropriate federal
329 agency. Any person who violates this provision with respect to:
330 (a) A controlled substance named or described in s.
331 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
332 commits a felony of the second degree, punishable as provided in
333 s. 775.082, s. 775.083, or s. 775.084.
334 (b) A controlled substance named or described in s.
335 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
336 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
337 the third degree, punishable as provided in s. 775.082, s.
338 775.083, or s. 775.084.
339 (c) A controlled substance named or described in s.
340 893.03(5) commits a misdemeanor of the first degree, punishable
341 as provided in s. 775.082 or s. 775.083.
342 Section 4. For the purpose of incorporating the amendment
343 made by this act to section 893.03, Florida Statutes, in
344 references thereto, paragraph (l) of subsection (1) of section
345 893.135, Florida Statutes, is reenacted to read:
346 893.135 Trafficking; mandatory sentences; suspension or
347 reduction of sentences; conspiracy to engage in trafficking.—
348 (1) Except as authorized in this chapter or in chapter 499
349 and notwithstanding the provisions of s. 893.13:
350 (l)1. Any person who knowingly sells, purchases,
351 manufactures, delivers, or brings into this state, or who is
352 knowingly in actual or constructive possession of, 1 gram or
353 more of lysergic acid diethylamide (LSD) as described in s.
354 893.03(1)(c), or of any mixture containing lysergic acid
355 diethylamide (LSD), commits a felony of the first degree, which
356 felony shall be known as “trafficking in lysergic acid
357 diethylamide (LSD),” punishable as provided in s. 775.082, s.
358 775.083, or s. 775.084. If the quantity involved:
359 a. Is 1 gram or more, but less than 5 grams, such person
360 shall be sentenced to a mandatory minimum term of imprisonment
361 of 3 years, and the defendant shall be ordered to pay a fine of
362 $50,000.
363 b. Is 5 grams or more, but less than 7 grams, such person
364 shall be sentenced to a mandatory minimum term of imprisonment
365 of 7 years, and the defendant shall be ordered to pay a fine of
366 $100,000.
367 c. Is 7 grams or more, such person shall be sentenced to a
368 mandatory minimum term of imprisonment of 15 calendar years and
369 pay a fine of $500,000.
370 2. Any person who knowingly manufactures or brings into
371 this state 7 grams or more of lysergic acid diethylamide (LSD)
372 as described in s. 893.03(1)(c), or any mixture containing
373 lysergic acid diethylamide (LSD), and who knows that the
374 probable result of such manufacture or importation would be the
375 death of any person commits capital manufacture or importation
376 of lysergic acid diethylamide (LSD), a capital felony punishable
377 as provided in ss. 775.082 and 921.142. Any person sentenced for
378 a capital felony under this paragraph shall also be sentenced to
379 pay the maximum fine provided under subparagraph 1.
380 Section 5. For the purpose of incorporating the amendment
381 made by this act to section 893.03, Florida Statutes, in
382 references thereto, paragraphs (b), (c), and (e) of subsection
383 (3) of section 921.0022, Florida Statutes, are reenacted to
384 read:
385 921.0022 Criminal Punishment Code; offense severity ranking
386 chart.—
387 (3) OFFENSE SEVERITY RANKING CHART
388 (b) LEVEL 2
389 FloridaStatute FelonyDegree Description
390 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
391 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
392 403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
393 517.07 3rd Registration of securities and furnishing of prospectus required.
394 590.28(1) 3rd Intentional burning of lands.
395 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
396 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
397 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
398 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
399 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
400 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
401 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
402 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
403 817.234(1)(a)2. 3rd False statement in support of insurance claim.
404 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
405 817.52(3) 3rd Failure to redeliver hired vehicle.
406 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
407 817.60(5) 3rd Dealing in credit cards of another.
408 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
409 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
410 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
411 831.01 3rd Forgery.
412 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
413 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
414 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
415 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
416 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
417 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
418 843.08 3rd Falsely impersonating an officer.
419 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
420 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
421 (c) LEVEL 3
422 FloridaStatute FelonyDegree Description
423 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
424 316.066 (4)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
425 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
426 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
427 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
428 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
429 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
430 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
431 327.35(2)(b) 3rd Felony BUI.
432 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
433 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
434 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
435 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, 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.
436 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
437 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
438 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
439 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
440 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
441 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
442 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
443 697.08 3rd Equity skimming.
444 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
445 796.05(1) 3rd Live on earnings of a prostitute.
446 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
447 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
448 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
449 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
450 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
451 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
452 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
453 817.233 3rd Burning to defraud insurer.
454 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
455 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
456 817.236 3rd Filing a false motor vehicle insurance application.
457 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
458 817.413(2) 3rd Sale of used goods as new.
459 817.505(4) 3rd Patient brokering.
460 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
461 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
462 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards.
463 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
464 843.19 3rd Injure, disable, or kill police dog or horse.
465 860.15(3) 3rd Overcharging for repairs and parts.
466 870.01(2) 3rd Riot; inciting or encouraging.
467 893.13(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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
468 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
469 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
470 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
471 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
472 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
473 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
474 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
475 893.13(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.
476 893.13(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.
477 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
478 893.13(8)(a)4. 3rd Write a prescription for a 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.
479 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
480 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
481 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
482 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
483 (e) LEVEL 5
484 FloridaStatute FelonyDegree Description
485 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
486 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
487 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
488 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
489 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
490 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
491 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
492 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
493 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
494 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
495 790.01(2) 3rd Carrying a concealed firearm.
496 790.162 2nd Threat to throw or discharge destructive device.
497 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
498 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
499 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
500 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
501 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
502 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
503 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
504 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
505 812.019(1) 2nd Stolen property; dealing in or trafficking in.
506 812.131(2)(b) 3rd Robbery by sudden snatching.
507 812.16(2) 3rd Owning, operating, or conducting a chop shop.
508 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
509 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
510 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
511 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
512 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
513 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
514 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
515 827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
516 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
517 843.01 3rd Resist officer with violence to person; resist arrest with violence.
518 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
519 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
520 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
521 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
522 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
523 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
524 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
525 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
526 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
527 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
528 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
529 Section 6. This act shall take effect July 1, 2011.