Florida Senate - 2012                                    SB 1216
       
       
       
       By Senator Fasano
       
       
       
       
       11-00742-12                                           20121216__
    1                        A bill to be entitled                      
    2         An act relating to theft offenses; amending s.
    3         812.0145, F.S.; revising the values used in the
    4         classification of thefts from persons age 65 or older;
    5         providing penalties; amending s. 817.034, F.S.;
    6         providing a more severe ranking under the Criminal
    7         Punishment Code for specified communications fraud
    8         violations involving victims age 65 or older; amending
    9         s. 775.0844, F.S.; providing minimum mandatory
   10         sentences for specified white collar crime offenses;
   11         providing additional minimum mandatory sentences for
   12         certain offenses based on the number of victims;
   13         amending s. 921.0022, F.S.; conforming provisions of
   14         the Offense Severity Ranking Chart of the Criminal
   15         Punishment Code to changes made by the act; providing
   16         an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (2) of section 812.0145, Florida
   21  Statutes, is amended to read:
   22         812.0145 Theft from persons 65 years of age or older;
   23  reclassification of offenses.—
   24         (2) Whenever a person is charged with committing theft from
   25  a person 65 years of age or older, when he or she knows or has
   26  reason to believe that the victim was 65 years of age or older,
   27  the offense for which the person is charged shall be
   28  reclassified as follows:
   29         (a) If the funds, assets, or property involved in the theft
   30  from a person 65 years of age or older is valued at $20,000
   31  $50,000 or more, the offender commits a felony of the first
   32  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   33  775.084.
   34         (b) If the funds, assets, or property involved in the theft
   35  from a person 65 years of age or older is valued at $5,000
   36  $10,000 or more, but less than $20,000 $50,000, the offender
   37  commits a felony of the second degree, punishable as provided in
   38  s. 775.082, s. 775.083, or s. 775.084.
   39         (c) If the funds, assets, or property involved in the theft
   40  from a person 65 years of age or older is valued at $300 or
   41  more, but less than $5,000 $10,000, the offender commits a
   42  felony of the third degree, punishable as provided in s.
   43  775.082, s. 775.083, or s. 775.084.
   44         Section 2. Paragraph (a) of subsection (4) of section
   45  817.034, Florida Statutes, is amended to read:
   46         817.034 Florida Communications Fraud Act.—
   47         (4) OFFENSES.—
   48         (a) Any person who engages in a scheme to defraud and
   49  obtains property thereby commits is guilty of organized fraud,
   50  punishable as follows:
   51         1. If the amount of property obtained has an aggregate
   52  value of $50,000 or more, the violator commits is guilty of a
   53  felony of the first degree, punishable as provided in s.
   54  775.082, s. 775.083, or s. 775.084.
   55         2. If the amount of property obtained has an aggregate
   56  value of $20,000 or more, but less than $50,000, the violator
   57  commits is guilty of a felony of the second degree, punishable
   58  as provided in s. 775.082, s. 775.083, or s. 775.084.
   59         3. If the amount of property obtained has an aggregate
   60  value of less than $20,000, the violator commits is guilty of a
   61  felony of the third degree, punishable as provided in s.
   62  775.082, s. 775.083, or s. 775.084.
   63  
   64  For purposes of sentencing under chapter 921, a felony offense
   65  under this paragraph committed against a victim who is 65 years
   66  of age or older is ranked two levels above the ranking under the
   67  Criminal Punishment Code of a grand theft violation of s.
   68  812.014 involving the same value.
   69         Section 3. Section 775.0844, Florida Statutes, is amended
   70  to read:
   71         775.0844 White Collar Crime Victim Protection Act.—
   72         (1) This section may be cited as the “White Collar Crime
   73  Victim Protection Act.”
   74         (2) Due to the frequency with which victims, particularly
   75  elderly victims, are deceived and cheated by criminals who
   76  commit nonviolent frauds and swindles, frequently through the
   77  use of the Internet and other electronic technology and
   78  frequently causing the loss of substantial amounts of property,
   79  it is the intent of the Legislature to enhance the sanctions
   80  imposed for nonviolent frauds and swindles, protect the public’s
   81  property, and assist in prosecuting white collar criminals.
   82         (3) As used in this section, “white collar crime” means:
   83         (a) The commission of, or a conspiracy to commit, any
   84  felony offense specified in:
   85         1. Chapter 560, relating to the Money Transmitters’ Code.
   86         2. Chapter 812, relating to theft, robbery, and related
   87  crimes.
   88         3. Chapter 815, relating to computer-related crimes.
   89         4. Chapter 817, relating to fraudulent practices.
   90         5. Chapter 825, relating to abuse, neglect, and
   91  exploitation of elderly persons and disabled adults.
   92         6. Chapter 831, relating to forgery and counterfeiting.
   93         7. Chapter 832, relating to the issuance of worthless
   94  checks and drafts.
   95         8. Chapter 838, relating to bribery and misuse of public
   96  office.
   97         9. Chapter 839, relating to offenses by public officers and
   98  employees.
   99         10. Chapter 895, relating to offenses concerning
  100  racketeering and illegal debts.
  101         11. Chapter 896, relating to offenses related to financial
  102  transactions.
  103         (b) A felony offense that is committed with intent to
  104  defraud or that involves a conspiracy to defraud.
  105         (c) A felony offense that is committed with intent to
  106  temporarily or permanently deprive a person of his or her
  107  property or that involves a conspiracy to temporarily or
  108  permanently deprive a person of his or her property.
  109         (d) A felony offense that involves or results in the
  110  commission of fraud or deceit upon a person or that involves a
  111  conspiracy to commit fraud or deceit upon a person.
  112         (4) As used in this section, “aggravated white collar
  113  crime” means engaging in at least two white collar crimes that
  114  have the same or similar intents, results, accomplices, victims,
  115  or methods of commission, or that are otherwise interrelated by
  116  distinguishing characteristics and are not isolated incidents,
  117  provided that at least one of such crimes occurred after the
  118  effective date of this act.
  119         (5) Any person who commits an aggravated white collar crime
  120  as defined in this section and in so doing either:
  121         (a) Victimizes 10 or more elderly persons, as defined in s.
  122  825.101(5);
  123         (b) Victimizes 20 or more persons, as defined in s. 1.01;
  124  or
  125         (c) Victimizes the State of Florida, any state agency, any
  126  of the state’s political subdivisions, or any agency of the
  127  state’s political subdivisions,
  128  
  129  and thereby obtains or attempts to obtain $50,000 or more,
  130  commits a felony of the first degree, punishable as provided in
  131  s. 775.082, s. 775.083, or s. 775.084. Except as otherwise
  132  provided in this subsection, a person convicted of a violation
  133  of paragraph (a) shall be sentenced to a mandatory minimum term
  134  of imprisonment of 3 years. A person convicted of a violation of
  135  paragraph (a) or paragraph (b) shall be sentenced to a mandatory
  136  minimum term of imprisonment of 5 years if there were 20 or more
  137  victims but fewer than 30 victims and a mandatory minimum term
  138  of imprisonment of 10 years if there were 30 or more victims.
  139         (6) Notwithstanding any other provision of chapter 921 or
  140  any other law, an aggravated white collar crime shall be ranked
  141  within the offense severity ranking chart at offense severity
  142  level 9.
  143         (7) In addition to a sentence otherwise authorized by law,
  144  a person convicted of an aggravated white collar crime may pay a
  145  fine of $500,000 or double the value of the pecuniary gain or
  146  loss, whichever is greater.
  147         (8) A person convicted of an aggravated white collar crime
  148  under this section is liable for all court costs and shall pay
  149  restitution to each victim of the crime, regardless of whether
  150  the victim is named in the information or indictment. As used in
  151  this subsection, “victim” means a person directly and
  152  proximately harmed as a result of the commission of the offense
  153  for which restitution may be ordered, including any person
  154  directly harmed by the defendant’s criminal conduct in the
  155  course of the commission of the aggravated white collar crime.
  156  The court shall hold a hearing to determine the identity of
  157  qualifying victims and shall order the defendant to pay
  158  restitution based on his or her ability to pay, in accordance
  159  with this section and s. 775.089.
  160         (a) The court shall make the payment of restitution a
  161  condition of any probation granted to the defendant by the
  162  court. Notwithstanding any other law, the court may order
  163  continued probation for a defendant convicted under this section
  164  for up to 10 years or until full restitution is made to the
  165  victim, whichever occurs earlier.
  166         (b) The court retains jurisdiction to enforce its order to
  167  pay fines or restitution. The court may initiate proceedings
  168  against a defendant for a violation of probation or for contempt
  169  of court if the defendant willfully fails to comply with a
  170  lawful order of the court.
  171         Section 4. Paragraphs (c), (e), (f), and (g) of subsection
  172  (3) of section 921.0022, Florida Statutes, are amended to read:
  173         921.0022 Criminal Punishment Code; offense severity ranking
  174  chart.—
  175         (3) OFFENSE SEVERITY RANKING CHART
  176         (c) LEVEL 3
  177  FloridaStatute   FelonyDegree                Description                 
  178  119.10(2)(b)       3rd   Unlawful use of confidential information from police reports.
  179  316.066 (3)(b)-(d)  3rd   Unlawfully obtaining or using confidential crash reports.
  180  316.193(2)(b)      3rd   Felony DUI, 3rd conviction.                 
  181  316.1935(2)        3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  182  319.30(4)          3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  183  319.33(1)(a)       3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  184  319.33(1)(c)       3rd   Procure or pass title on stolen vehicle.    
  185  319.33(4)          3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  186  327.35(2)(b)       3rd   Felony BUI.                                 
  187  328.05(2)          3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  188  328.07(4)          3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  189  376.302(5)         3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  190  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.
  191  379.2431 (1)(e)6.  3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  192  400.9935(4)        3rd   Operating a clinic without a license or filing false license application or other required information.
  193  440.1051(3)        3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  194  501.001(2)(b)      2nd   Tampers with a consumer product or the container using materially false/misleading information.
  195  624.401(4)(a)      3rd   Transacting insurance without a certificate of authority.
  196  624.401(4)(b)1.    3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  197  626.902(1)(a) & (b)  3rd   Representing an unauthorized insurer.       
  198  697.08             3rd   Equity skimming.                            
  199  790.15(3)          3rd   Person directs another to discharge firearm from a vehicle.
  200  796.05(1)          3rd   Live on earnings of a prostitute.           
  201  806.10(1)          3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  202  806.10(2)          3rd   Interferes with or assaults firefighter in performance of duty.
  203  810.09(2)(c)       3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  204  812.014(2)(c)2.    3rd   Grand theft; $5,000 or more but less than $10,000.
  205  812.0145(2)(c)     3rd   Theft from person 65 years of age or older; $300 or more but less than $5,000 $10,000.
  206  815.04(4)(b)       2nd   Computer offense devised to defraud or obtain property.
  207  817.034(4)(a)3.    3rd   Engages in scheme to defraud (Florida Communications fraud; Act), property valued at less than $20,000.
  208  817.233            3rd   Burning to defraud insurer.                 
  209  817.234 (8)(b)-(c)  3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  210  817.234(11)(a)     3rd   Insurance fraud; property value less than $20,000.
  211  817.236            3rd   Filing a false motor vehicle insurance application.
  212  817.2361           3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  213  817.413(2)         3rd   Sale of used goods as new.                  
  214  817.505(4)         3rd   Patient brokering.                          
  215  828.12(2)          3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  216  831.28(2)(a)       3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  217  831.29             2nd   Possession of instruments for counterfeiting driver drivers’ licenses or identification cards.
  218  838.021(3)(b)      3rd   Threatens unlawful harm to public servant.  
  219  843.19             3rd   Injure, disable, or kill police dog or horse.
  220  860.15(3)          3rd   Overcharging for repairs and parts.         
  221  870.01(2)          3rd   Riot; inciting or encouraging.              
  222  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).
  223  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.
  224  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.
  225  893.13(6)(a)       3rd   Possession of any controlled substance other than felony possession of cannabis.
  226  893.13(7)(a)8.     3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  227  893.13(7)(a)9.     3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  228  893.13(7)(a)10.    3rd   Affix false or forged label to package of controlled substance.
  229  893.13(7)(a)11.    3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  230  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.
  231  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.
  232  893.13(8)(a)3.     3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  233  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.
  234  918.13(1)(a)       3rd   Alter, destroy, or conceal investigation evidence.
  235  944.47 (1)(a)1.-2.  3rd   Introduce contraband to correctional facility.
  236  944.47(1)(c)       2nd   Possess contraband while upon the grounds of a correctional institution.
  237  985.721            3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  238         (e) LEVEL 5
  239  FloridaStatute   FelonyDegree                Description                 
  240  316.027(1)(a)      3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  241  316.1935(4)(a)     2nd   Aggravated fleeing or eluding.              
  242  322.34(6)          3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  243  327.30(5)          3rd   Vessel accidents involving personal injury; leaving scene.
  244  381.0041(11)(b)    3rd   Donate blood, plasma, or organs knowing HIV positive.
  245  440.10(1)(g)       2nd   Failure to obtain workers’ compensation coverage.
  246  440.105(5)         2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  247  440.381(2)         2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  248  624.401(4)(b)2.    2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  249  626.902(1)(c)      2nd   Representing an unauthorized insurer; repeat offender.
  250  790.01(2)          3rd   Carrying a concealed firearm.               
  251  790.162            2nd   Threat to throw or discharge destructive device.
  252  790.163(1)         2nd   False report of deadly explosive or weapon of mass destruction.
  253  790.221(1)         2nd   Possession of short-barreled shotgun or machine gun.
  254  790.23             2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  255  800.04(6)(c)       3rd   Lewd or lascivious conduct; offender less than 18 years.
  256  800.04(7)(b)       2nd   Lewd or lascivious exhibition; offender 18 years or older.
  257  806.111(1)         3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  258  812.0145(2)(b)     2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  259  812.015(8)         3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  260  812.019(1)         2nd   Stolen property; dealing in or trafficking in.
  261  812.131(2)(b)      3rd   Robbery by sudden snatching.                
  262  812.16(2)          3rd   Owning, operating, or conducting a chop shop.
  263  817.034(4)(a)2.    2nd   Communications fraud; property valued at, value $20,000 or more but less than to $50,000.
  264  817.234(11)(b)     2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  265  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.
  266  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.
  267  817.625(2)(b)      2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  268  825.1025(4)        3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  269  827.071(4)         2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  270  827.071(5)         3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  271  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.
  272  843.01             3rd   Resist officer with violence to person; resist arrest with violence.
  273  847.0135(5)(b)     2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  274  847.0137 (2) & (3)  3rd   Transmission of pornography by electronic device or equipment.
  275  847.0138 (2) & (3)  3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  276  874.05(2)          2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  277  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).
  278  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.
  279  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.
  280  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.
  281  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.
  282  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).
  283  893.1351(1)        3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  284         (f) LEVEL 6
  285  FloridaStatute   FelonyDegree                Description                 
  286  316.193(2)(b)      3rd   Felony DUI, 4th or subsequent conviction.   
  287  499.0051(3)        2nd   Knowing forgery of pedigree papers.         
  288  499.0051(4)        2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  289  499.0051(5)        2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  290  775.0875(1)        3rd   Taking firearm from law enforcement officer.
  291  784.021(1)(a)      3rd   Aggravated assault; deadly weapon without intent to kill.
  292  784.021(1)(b)      3rd   Aggravated assault; intent to commit felony.
  293  784.041            3rd   Felony battery; domestic battery by strangulation.
  294  784.048(3)         3rd   Aggravated stalking; credible threat.       
  295  784.048(5)         3rd   Aggravated stalking of person under 16.     
  296  784.07(2)(c)       2nd   Aggravated assault on law enforcement officer.
  297  784.074(1)(b)      2nd   Aggravated assault on sexually violent predators facility staff.
  298  784.08(2)(b)       2nd   Aggravated assault on a person 65 years of age or older.
  299  784.081(2)         2nd   Aggravated assault on specified official or employee.
  300  784.082(2)         2nd   Aggravated assault by detained person on visitor or other detainee.
  301  784.083(2)         2nd   Aggravated assault on code inspector.       
  302  787.02(2)          3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  303  790.115(2)(d)      2nd   Discharging firearm or weapon on school property.
  304  790.161(2)         2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  305  790.164(1)         2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  306  790.19             2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  307  794.011(8)(a)      3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  308  794.05(1)          2nd   Unlawful sexual activity with specified minor.
  309  800.04(5)(d)       3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
  310  800.04(6)(b)       2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  311  806.031(2)         2nd   Arson resulting in great bodily harm to firefighter or any other person.
  312  810.02(3)(c)       2nd   Burglary of occupied structure; unarmed; no assault or battery.
  313  812.014(2)(b)1.    2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  314  812.014(6)         2nd   Theft; property stolen $3,000 or more; coordination of others.
  315  812.0145(2)(b)     2nd   Theft from person age 65 or older; property valued at $5,000 or more but less than $20,000.
  316  812.015(9)(a)      2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  317  812.015(9)(b)      2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  318  812.13(2)(c)       2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  319  817.034(4)(a)1.    1st   Communications fraud; property valued at, value greater than $50,000 or more.
  320  817.4821(5)        2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  321  825.102(1)         3rd   Abuse of an elderly person or disabled adult.
  322  825.102(3)(c)      3rd   Neglect of an elderly person or disabled adult.
  323  825.1025(3)        3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  324  825.103(2)(c)      3rd   Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
  325  827.03(1)          3rd   Abuse of a child.                           
  326  827.03(3)(c)       3rd   Neglect of a child.                         
  327  827.071(2) & (3)   2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  328  836.05             2nd   Threats; extortion.                         
  329  836.10             2nd   Written threats to kill or do bodily injury.
  330  843.12             3rd   Aids or assists person to escape.           
  331  847.011            3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  332  847.012            3rd   Knowingly using a minor in the production of materials harmful to minors.
  333  847.0135(2)        3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  334  914.23             2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  335  944.35(3)(a)2.     3rd   Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  336  944.40             2nd   Escapes.                                    
  337  944.46             3rd   Harboring, concealing, aiding escaped prisoners.
  338  944.47(1)(a)5.     2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  339  951.22(1)          3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  340         (g) LEVEL 7
  341  FloridaStatute   FelonyDegree                Description                
  342  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
  343  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
  344  316.1935(3)(b)      1st   Causing 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.
  345  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  346  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  347  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  348  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  349  456.065(2)          3rd   Practicing a health care profession without a license.
  350  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  351  458.327(1)          3rd   Practicing medicine without a license.     
  352  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  353  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  354  461.012(1)          3rd   Practicing podiatric medicine without a license.
  355  462.17              3rd   Practicing naturopathy without a license.  
  356  463.015(1)          3rd   Practicing optometry without a license.    
  357  464.016(1)          3rd   Practicing nursing without a license.      
  358  465.015(2)          3rd   Practicing pharmacy without a license.     
  359  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  360  467.201             3rd   Practicing midwifery without a license.    
  361  468.366             3rd   Delivering respiratory care services without a license.
  362  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  363  483.901(9)          3rd   Practicing medical physics without a license.
  364  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  365  484.053             3rd   Dispensing hearing aids without a license. 
  366  494.0018(2)         1st   Conviction 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.
  367  560.123(8)(b)1.     3rd   Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
  368  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  369  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  370  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
  371  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  372  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  373  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  374  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  375  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  376  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  377  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  378  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  379  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  380  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
  381  784.048(7)          3rd   Aggravated stalking; violation of court order.
  382  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
  383  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  384  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  385  784.081(1)          1st   Aggravated battery on specified official or employee.
  386  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  387  784.083(1)          1st   Aggravated battery on code inspector.      
  388  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  389  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  390  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  391  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  392  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  393  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  394  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  395  794.08(4)           3rd   Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
  396  796.03              2nd   Procuring any person under 16 years for prostitution.
  397  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  398  800.04(5)(c)2.      2nd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
  399  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  400  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  401  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  402  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  403  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  404  812.014(2)(a)1.     1st   Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
  405  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  406  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  407  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  408  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $20,000 $50,000 or more.
  409  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  410  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  411  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  412  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  413  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  414  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  415  817.2341 (2)(b) & (3)(b)   1st   Making 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.
  416  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  417  825.103(2)(b)       2nd   Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
  418  827.03(3)(b)        2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  419  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  420  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  421  838.015             2nd   Bribery.                                   
  422  838.016             2nd   Unlawful compensation or reward for official behavior.
  423  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  424  838.22              2nd   Bid tampering.                             
  425  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  426  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  427  872.06              2nd   Abuse of a dead human body.                
  428  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  429  893.13(1)(c)1.      1st   Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)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.
  430  893.13(1)(e)1.      1st   Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
  431  893.13(4)(a)        1st   Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  432  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  433  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  434  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  435  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  436  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  437  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  438  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  439  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  440  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  441  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  442  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  443  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  444  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  445  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  446  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  447  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  448  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  449  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  450  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  451  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  452  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  453  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  454  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  455  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  456  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  457         Section 5. This act shall take effect July 1, 2012.