HB 687

1
A bill to be entitled
2An act relating to theft offenses; amending s.
3812.0145, F.S.; revising the values used in the
4classification of thefts from persons age 65 or older;
5providing penalties; amending s. 817.034, F.S.;
6providing a more severe ranking under the Criminal
7Punishment Code for specified communications fraud
8violations involving victims age 65 or older; amending
9s. 775.0844, F.S.; providing minimum mandatory
10sentences for specified white collar crime offenses;
11providing additional minimum mandatory sentences for
12certain offenses based on the number of victims;
13amending s. 921.0022, F.S.; conforming provisions of
14the Offense Severity Ranking Chart of the Criminal
15Punishment Code to changes made by the act; providing
16an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsection (2) of section 812.0145, Florida
21Statutes, is amended to read:
22     812.0145  Theft from persons 65 years of age or older;
23reclassification of offenses.-
24     (2)  Whenever a person is charged with committing theft
25from a person 65 years of age or older, when he or she knows or
26has reason to believe that the victim was 65 years of age or
27older, the offense for which the person is charged shall be
28reclassified as follows:
29     (a)  If the funds, assets, or property involved in the
30theft from a person 65 years of age or older is valued at
31$20,000 $50,000 or more, the offender commits a felony of the
32first degree, punishable as provided in s. 775.082, s. 775.083,
33or s. 775.084.
34     (b)  If the funds, assets, or property involved in the
35theft 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
37commits a felony of the second degree, punishable as provided in
38s. 775.082, s. 775.083, or s. 775.084.
39     (c)  If the funds, assets, or property involved in the
40theft from a person 65 years of age or older is valued at $300
41or more, but less than $5,000 $10,000, the offender commits a
42felony of the third degree, punishable as provided in s.
43775.082, s. 775.083, or s. 775.084.
44     Section 2.  Paragraph (a) of subsection (4) of section
45817.034, 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
49obtains property thereby commits is guilty of organized fraud,
50punishable as follows:
51     1.  If the amount of property obtained has an aggregate
52value of $50,000 or more, the violator commits is guilty of a
53felony of the first degree, punishable as provided in s.
54775.082, s. 775.083, or s. 775.084.
55     2.  If the amount of property obtained has an aggregate
56value of $20,000 or more, but less than $50,000, the violator
57commits is guilty of a felony of the second degree, punishable
58as provided in s. 775.082, s. 775.083, or s. 775.084.
59     3.  If the amount of property obtained has an aggregate
60value of less than $20,000, the violator commits is guilty of a
61felony of the third degree, punishable as provided in s.
62775.082, s. 775.083, or s. 775.084.
63
64For purposes of sentencing under chapter 921, a felony offense
65under this paragraph committed against a victim who is 65 years
66of age or older is ranked two levels above the ranking under the
67Criminal Punishment Code of a grand theft violation of s.
68812.014 involving the same value.
69     Section 3.  Section 775.0844, Florida Statutes, is amended
70to read:
71     775.0844  White Collar Crime Victim Protection Act.-
72     (1)  This section may be cited as the "White Collar Crime
73Victim Protection Act."
74     (2)  Due to the frequency with which victims, particularly
75elderly victims, are deceived and cheated by criminals who
76commit nonviolent frauds and swindles, frequently through the
77use of the Internet and other electronic technology and
78frequently causing the loss of substantial amounts of property,
79it is the intent of the Legislature to enhance the sanctions
80imposed for nonviolent frauds and swindles, protect the public's
81property, 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
84felony offense specified in:
85     1.  Chapter 560, relating to the Money Transmitters' Code.
86     2.  Chapter 812, relating to theft, robbery, and related
87crimes.
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
91exploitation 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
94checks and drafts.
95     8.  Chapter 838, relating to bribery and misuse of public
96office.
97     9.  Chapter 839, relating to offenses by public officers
98and employees.
99     10.  Chapter 895, relating to offenses concerning
100racketeering and illegal debts.
101     11.  Chapter 896, relating to offenses related to financial
102transactions.
103     (b)  A felony offense that is committed with intent to
104defraud or that involves a conspiracy to defraud.
105     (c)  A felony offense that is committed with intent to
106temporarily or permanently deprive a person of his or her
107property or that involves a conspiracy to temporarily or
108permanently deprive a person of his or her property.
109     (d)  A felony offense that involves or results in the
110commission of fraud or deceit upon a person or that involves a
111conspiracy to commit fraud or deceit upon a person.
112     (4)  As used in this section, "aggravated white collar
113crime" means engaging in at least two white collar crimes that
114have the same or similar intents, results, accomplices, victims,
115or methods of commission, or that are otherwise interrelated by
116distinguishing characteristics and are not isolated incidents,
117provided that at least one of such crimes occurred after the
118effective date of this act.
119     (5)  Any person who commits an aggravated white collar
120crime as defined in this section and in so doing either:
121     (a)  Victimizes 10 or more elderly persons, as defined in
122s. 825.101(5);
123     (b)  Victimizes 20 or more persons, as defined in s. 1.01;
124or
125     (c)  Victimizes the State of Florida, any state agency, any
126of the state's political subdivisions, or any agency of the
127state's political subdivisions,
128
129and thereby obtains or attempts to obtain $50,000 or more,
130commits a felony of the first degree, punishable as provided in
131s. 775.082, s. 775.083, or s. 775.084. Except as otherwise
132provided in this subsection, a person convicted of a violation
133of paragraph (a) shall be sentenced to a mandatory minimum term
134of imprisonment of 3 years. A person convicted of a violation of
135paragraph (a) or paragraph (b) shall be sentenced to a mandatory
136minimum term of imprisonment of 5 years if there were 20 or more
137victims but fewer than 30 victims and a mandatory minimum term
138of imprisonment of 10 years if there were 30 or more victims.
139     (6)  Notwithstanding any other provision of chapter 921 or
140any other law, an aggravated white collar crime shall be ranked
141within the offense severity ranking chart at offense severity
142level 9.
143     (7)  In addition to a sentence otherwise authorized by law,
144a person convicted of an aggravated white collar crime may pay a
145fine of $500,000 or double the value of the pecuniary gain or
146loss, whichever is greater.
147     (8)  A person convicted of an aggravated white collar crime
148under this section is liable for all court costs and shall pay
149restitution to each victim of the crime, regardless of whether
150the victim is named in the information or indictment. As used in
151this subsection, "victim" means a person directly and
152proximately harmed as a result of the commission of the offense
153for which restitution may be ordered, including any person
154directly harmed by the defendant's criminal conduct in the
155course of the commission of the aggravated white collar crime.
156The court shall hold a hearing to determine the identity of
157qualifying victims and shall order the defendant to pay
158restitution based on his or her ability to pay, in accordance
159with this section and s. 775.089.
160     (a)  The court shall make the payment of restitution a
161condition of any probation granted to the defendant by the
162court. Notwithstanding any other law, the court may order
163continued probation for a defendant convicted under this section
164for up to 10 years or until full restitution is made to the
165victim, whichever occurs earlier.
166     (b)  The court retains jurisdiction to enforce its order to
167pay fines or restitution. The court may initiate proceedings
168against a defendant for a violation of probation or for contempt
169of court if the defendant willfully fails to comply with a
170lawful 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
174ranking chart.-
175     (3)  OFFENSE SEVERITY RANKING CHART
176     (c)  LEVEL 3
177
 
Florida StatuteFelony DegreeDescription
178
 
119.10(2)(b)3rdUnlawful use of confidential information from police reports.
179
 
316.066   (3)(b)-(d)3rdUnlawfully obtaining or using confidential crash reports.
180
 
316.193(2)(b)3rdFelony DUI, 3rd conviction.
181
 
316.1935(2)3rdFleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
182
 
319.30(4)3rdPossession by junkyard of motor vehicle with identification number plate removed.
183
 
319.33(1)(a)3rdAlter or forge any certificate of title to a motor vehicle or mobile home.
184
 
319.33(1)(c)3rdProcure or pass title on stolen vehicle.
185
 
319.33(4)3rdWith intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
186
 
327.35(2)(b)3rdFelony BUI.
187
 
328.05(2)3rdPossess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
188
 
328.07(4)3rdManufacture, exchange, or possess vessel with counterfeit or wrong ID number.
189
 
376.302(5)3rdFraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
190
 
379.2431   (1)(e)5.3rdTaking, 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)6.3rdSoliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
192
 
400.9935(4)3rdOperating a clinic without a license or filing false license application or other required information.
193
 
440.1051(3)3rdFalse report of workers' compensation fraud or retaliation for making such a report.
194
 
501.001(2)(b)2ndTampers with a consumer product or the container using materially false/misleading information.
195
 
624.401(4)(a)3rdTransacting insurance without a certificate of authority.
196
 
624.401(4)(b)1.3rdTransacting insurance without a certificate of authority; premium collected less than $20,000.
197
 
626.902(1)(a) &   (b)3rdRepresenting an unauthorized insurer.
198
 
697.083rdEquity skimming.
199
 
790.15(3)3rdPerson directs another to discharge firearm from a vehicle.
200
 
796.05(1)3rdLive on earnings of a prostitute.
201
 
806.10(1)3rdMaliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
202
 
806.10(2)3rdInterferes with or assaults firefighter in performance of duty.
203
 
810.09(2)(c)3rdTrespass on property other than structure or conveyance armed with firearm or dangerous weapon.
204
 
812.014(2)(c)2.3rdGrand theft; $5,000 or more but less than $10,000.
205
 
812.0145(2)(c)3rdTheft from person 65 years of age or older; $300 or more but less than $5,000 $10,000.
206
 
815.04(4)(b)2ndComputer offense devised to defraud or obtain property.
207
 
817.034(4)(a)3.3rdEngages in scheme to defraud (Florida Communications fraud; Act), property valued at less than $20,000.
208
 
817.2333rdBurning to defraud insurer.
209
 
817.234   (8)(b)-(c)3rdUnlawful solicitation of persons involved in motor vehicle accidents.
210
 
817.234(11)(a)3rdInsurance fraud; property value less than $20,000.
211
 
817.2363rdFiling a false motor vehicle insurance application.
212
 
817.23613rdCreating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
213
 
817.413(2)3rdSale of used goods as new.
214
 
817.505(4)3rdPatient brokering.
215
 
828.12(2)3rdTortures any animal with intent to inflict intense pain, serious physical injury, or death.
216
 
831.28(2)(a)3rdCounterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
217
 
831.292ndPossession of instruments for counterfeiting driver drivers' licenses or identification cards.
218
 
838.021(3)(b)3rdThreatens unlawful harm to public servant.
219
 
843.193rdInjure, disable, or kill police dog or horse.
220
 
860.15(3)3rdOvercharging for repairs and parts.
221
 
870.01(2)3rdRiot; inciting or encouraging.
222
 
893.13(1)(a)2.3rdSell, 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)2.2ndSell, 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)2.2ndSell, 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)3rdPossession of any controlled substance other than felony possession of cannabis.
226
 
893.13(7)(a)8.3rdWithhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
227
 
893.13(7)(a)9.3rdObtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
228
 
893.13(7)(a)10.3rdAffix false or forged label to package of controlled substance.
229
 
893.13(7)(a)11.3rdFurnish false or fraudulent material information on any document or record required by chapter 893.
230
 
893.13(8)(a)1.3rdKnowingly 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)2.3rdEmploy 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)3.3rdKnowingly write a prescription for a controlled substance for a fictitious person.
233
 
893.13(8)(a)4.3rdWrite 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)3rdAlter, destroy, or conceal investigation evidence.
235
 
944.47   (1)(a)1.-2.3rdIntroduce contraband to correctional facility.
236
 
944.47(1)(c)2ndPossess contraband while upon the grounds of a correctional institution.
237
 
985.7213rdEscapes from a juvenile facility (secure detention or residential commitment facility).
238
239     (e)  LEVEL 5
240
 
Florida StatuteFelony DegreeDescription
241
 
316.027(1)(a)3rdAccidents involving personal injuries, failure to stop; leaving scene.
242
 
316.1935(4)(a)2ndAggravated fleeing or eluding.
243
 
322.34(6)3rdCareless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
244
 
327.30(5)3rdVessel accidents involving personal injury; leaving scene.
245
 
381.0041(11)(b)3rdDonate blood, plasma, or organs knowing HIV positive.
246
 
440.10(1)(g)2ndFailure to obtain workers' compensation coverage.
247
 
440.105(5)2ndUnlawful solicitation for the purpose of making workers' compensation claims.
248
 
440.381(2)2ndSubmission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
249
 
624.401(4)(b)2.2ndTransacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
250
 
626.902(1)(c)2ndRepresenting an unauthorized insurer; repeat offender.
251
 
790.01(2)3rdCarrying a concealed firearm.
252
 
790.1622ndThreat to throw or discharge destructive device.
253
 
790.163(1)2ndFalse report of deadly explosive or weapon of mass destruction.
254
 
790.221(1)2ndPossession of short-barreled shotgun or machine gun.
255
 
790.232ndFelons in possession of firearms, ammunition, or electronic weapons or devices.
256
 
800.04(6)(c)3rdLewd or lascivious conduct; offender less than 18 years.
257
 
800.04(7)(b)2ndLewd or lascivious exhibition; offender 18 years or older.
258
 
806.111(1)3rdPossess, manufacture, or dispense fire bomb with intent to damage any structure or property.
259
 
812.0145(2)(b)2ndTheft from person 65 years of age or older; $10,000 or more but less than $50,000.
260
 
812.015(8)3rdRetail theft; property stolen is valued at $300 or more and one or more specified acts.
261
 
812.019(1)2ndStolen property; dealing in or trafficking in.
262
 
812.131(2)(b)3rdRobbery by sudden snatching.
263
 
812.16(2)3rdOwning, operating, or conducting a chop shop.
264
 
817.034(4)(a)2.2ndCommunications fraud; property valued at , value $20,000 or more but less than to $50,000.
265
 
817.234(11)(b)2ndInsurance fraud; property value $20,000 or more but less than $100,000.
266
 
817.2341(1),   (2)(a) & (3)(a)3rdFiling false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
267
 
817.568(2)(b)2ndFraudulent 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.
268
 
817.625(2)(b)2ndSecond or subsequent fraudulent use of scanning device or reencoder.
269
 
825.1025(4)3rdLewd or lascivious exhibition in the presence of an elderly person or disabled adult.
270
 
827.071(4)2ndPossess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
271
 
827.071(5)3rdPossess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
272
 
839.13(2)(b)2ndFalsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
273
 
843.013rdResist officer with violence to person; resist arrest with violence.
274
 
847.0135(5)(b)2ndLewd or lascivious exhibition using computer; offender 18 years or older.
275
 
847.0137   (2) & (3)3rdTransmission of pornography by electronic device or equipment.
276
 
847.0138   (2) & (3)3rdTransmission of material harmful to minors to a minor by electronic device or equipment.
277
 
874.05(2)2ndEncouraging or recruiting another to join a criminal gang; second or subsequent offense.
278
 
893.13(1)(a)1.2ndSell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
279
 
893.13(1)(c)2.2ndSell, 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.
280
 
893.13(1)(d)1.1stSell, 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.
281
 
893.13(1)(e)2.2ndSell, 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.
282
 
893.13(1)(f)1.1stSell, 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.
283
 
893.13(4)(b)2ndDeliver 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).
284
 
893.1351(1)3rdOwnership, lease, or rental for trafficking in or manufacturing of controlled substance.
285
286     (f)  LEVEL 6
287
 
Florida StatuteFelony DegreeDescription
288
 
316.193(2)(b)3rdFelony DUI, 4th or subsequent conviction.
289
 
499.0051(3)2ndKnowing forgery of pedigree papers.
290
 
499.0051(4)2ndKnowing purchase or receipt of prescription drug from unauthorized person.
291
 
499.0051(5)2ndKnowing sale or transfer of prescription drug to unauthorized person.
292
 
775.0875(1)3rdTaking firearm from law enforcement officer.
293
 
784.021(1)(a)3rdAggravated assault; deadly weapon without intent to kill.
294
 
784.021(1)(b)3rdAggravated assault; intent to commit felony.
295
 
784.0413rdFelony battery; domestic battery by strangulation.
296
 
784.048(3)3rdAggravated stalking; credible threat.
297
 
784.048(5)3rdAggravated stalking of person under 16.
298
 
784.07(2)(c)2ndAggravated assault on law enforcement officer.
299
 
784.074(1)(b)2ndAggravated assault on sexually violent predators facility staff.
300
 
784.08(2)(b)2ndAggravated assault on a person 65 years of age or older.
301
 
784.081(2)2ndAggravated assault on specified official or employee.
302
 
784.082(2)2ndAggravated assault by detained person on visitor or other detainee.
303
 
784.083(2)2ndAggravated assault on code inspector.
304
 
787.02(2)3rdFalse imprisonment; restraining with purpose other than those in s. 787.01.
305
 
790.115(2)(d)2ndDischarging firearm or weapon on school property.
306
 
790.161(2)2ndMake, possess, or throw destructive device with intent to do bodily harm or damage property.
307
 
790.164(1)2ndFalse report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
308
 
790.192ndShooting or throwing deadly missiles into dwellings, vessels, or vehicles.
309
 
794.011(8)(a)3rdSolicitation of minor to participate in sexual activity by custodial adult.
310
 
794.05(1)2ndUnlawful sexual activity with specified minor.
311
 
800.04(5)(d)3rdLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
312
 
800.04(6)(b)2ndLewd or lascivious conduct; offender 18 years of age or older.
313
 
806.031(2)2ndArson resulting in great bodily harm to firefighter or any other person.
314
 
810.02(3)(c)2ndBurglary of occupied structure; unarmed; no assault or battery.
315
 
812.014(2)(b)1.2ndProperty stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
316
 
812.014(6)2ndTheft; property stolen $3,000 or more; coordination of others.
317
 
812.0145(2)(b)2ndTheft from person age 65 or older; property valued at $5,000 or more but less than $20,000.
318
 
812.015(9)(a)2ndRetail theft; property stolen $300 or more; second or subsequent conviction.
319
 
812.015(9)(b)2ndRetail theft; property stolen $3,000 or more; coordination of others.
320
 
812.13(2)(c)2ndRobbery, no firearm or other weapon (strong-arm robbery).
321
 
817.034(4)(a)1.1stCommunications fraud; property valued at , value greater than $50,000 or more.
322
 
817.4821(5)2ndPossess cloning paraphernalia with intent to create cloned cellular telephones.
323
 
825.102(1)3rdAbuse of an elderly person or disabled adult.
324
 
825.102(3)(c)3rdNeglect of an elderly person or disabled adult.
325
 
825.1025(3)3rdLewd or lascivious molestation of an elderly person or disabled adult.
326
 
825.103(2)(c)3rdExploiting an elderly person or disabled adult and property is valued at less than $20,000.
327
 
827.03(1)3rdAbuse of a child.
328
 
827.03(3)(c)3rdNeglect of a child.
329
 
827.071(2) & (3)2ndUse or induce a child in a sexual performance, or promote or direct such performance.
330
 
836.052ndThreats; extortion.
331
 
836.102ndWritten threats to kill or do bodily injury.
332
 
843.123rdAids or assists person to escape.
333
 
847.0113rdDistributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
334
 
847.0123rdKnowingly using a minor in the production of materials harmful to minors.
335
 
847.0135(2)3rdFacilitates sexual conduct of or with a minor or the visual depiction of such conduct.
336
 
914.232ndRetaliation against a witness, victim, or informant, with bodily injury.
337
 
944.35(3)(a)2.3rdCommitting malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
338
 
944.402ndEscapes.
339
 
944.463rdHarboring, concealing, aiding escaped prisoners.
340
 
944.47(1)(a)5.2ndIntroduction of contraband (firearm, weapon, or explosive) into correctional facility.
341
 
951.22(1)3rdIntoxicating drug, firearm, or weapon introduced into county facility.
342
343     (g)  LEVEL 7
344
 
Florida StatuteFelony DegreeDescription
345
 
316.027(1)(b)1stAccident involving death, failure to stop; leaving scene.
346
 
316.193(3)(c)2.3rdDUI resulting in serious bodily injury.
347
 
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.
348
 
327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.
349
 
402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
350
 
409.920   (2)(b)1.a.3rdMedicaid provider fraud; $10,000 or less.
351
 
409.920   (2)(b)1.b.2ndMedicaid provider fraud; more than $10,000, but less than $50,000.
352
 
456.065(2)3rdPracticing a health care profession without a license.
353
 
456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.
354
 
458.327(1)3rdPracticing medicine without a license.
355
 
459.013(1)3rdPracticing osteopathic medicine without a license.
356
 
460.411(1)3rdPracticing chiropractic medicine without a license.
357
 
461.012(1)3rdPracticing podiatric medicine without a license.
358
 
462.173rdPracticing naturopathy without a license.
359
 
463.015(1)3rdPracticing optometry without a license.
360
 
464.016(1)3rdPracticing nursing without a license.
361
 
465.015(2)3rdPracticing pharmacy without a license.
362
 
466.026(1)3rdPracticing dentistry or dental hygiene without a license.
363
 
467.2013rdPracticing midwifery without a license.
364
 
468.3663rdDelivering respiratory care services without a license.
365
 
483.828(1)3rdPracticing as clinical laboratory personnel without a license.
366
 
483.901(9)3rdPracticing medical physics without a license.
367
 
484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.
368
 
484.0533rdDispensing hearing aids without a license.
369
 
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.
370
 
560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
371
 
560.125(5)(a)3rdMoney services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
372
 
655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
373
 
775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver driver's license or identification card; other registration violations.
374
 
775.21(10)(b)3rdSexual predator working where children regularly congregate.
375
 
775.21(10)(g)3rdFailure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
376
 
782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
377
 
782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).
378
 
782.0712ndKilling of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
379
 
782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).
380
 
784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.
381
 
784.045(1)(a)2.2ndAggravated battery; using deadly weapon.
382
 
784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.
383
 
784.048(4)3rdAggravated stalking; violation of injunction or court order.
384
 
784.048(7)3rdAggravated stalking; violation of court order.
385
 
784.07(2)(d)1stAggravated battery on law enforcement officer.
386
 
784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.
387
 
784.08(2)(a)1stAggravated battery on a person 65 years of age or older.
388
 
784.081(1)1stAggravated battery on specified official or employee.
389
 
784.082(1)1stAggravated battery by detained person on visitor or other detainee.
390
 
784.083(1)1stAggravated battery on code inspector.
391
 
790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
392
 
790.16(1)1stDischarge of a machine gun under specified circumstances.
393
 
790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.
394
 
790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
395
 
790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.
396
 
790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
397
 
790.231st,PBLPossession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
398
 
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.
399
 
796.032ndProcuring any person under 16 years for prostitution.
400
 
800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
401
 
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.
402
 
806.01(2)2ndMaliciously damage structure by fire or explosive.
403
 
810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.
404
 
810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.
405
 
810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.
406
 
810.02(3)(e)2ndBurglary of authorized emergency vehicle.
407
 
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.
408
 
812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
409
 
812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.
410
 
812.014(2)(b)4.2ndProperty stolen, law enforcement equipment from authorized emergency vehicle.
411
 
812.0145(2)(a)1stTheft from person 65 years of age or older; $20,000 $50,000 or more.
412
 
812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
413
 
812.131(2)(a)2ndRobbery by sudden snatching.
414
 
812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.
415
 
817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.
416
 
817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.
417
 
817.234(11)(c)1stInsurance fraud; property value $100,000 or more.
418
 
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.
419
 
825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
420
 
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.
421
 
827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.
422
 
827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.
423
 
837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.
424
 
838.0152ndBribery.
425
 
838.0162ndUnlawful compensation or reward for official behavior.
426
 
838.021(3)(a)2ndUnlawful harm to a public servant.
427
 
838.222ndBid tampering.
428
 
847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.
429
 
847.0135(4)2ndTraveling to meet a minor to commit an unlawful sex act.
430
 
872.062ndAbuse of a dead human body.
431
 
874.101st,PBLKnowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
432
 
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.
433
 
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.
434
 
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).
435
 
893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
436
 
893.135   (1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.
437
 
893.135   (1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.
438
 
893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.
439
 
893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.
440
 
893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.
441
 
893.135   (1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.
442
 
893.135   (1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
443
 
893.135   (1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
444
 
893.135   (1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.
445
 
893.1351(2)2ndPossession of place for trafficking in or manufacturing of controlled substance.
446
 
896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.
447
 
896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
448
 
943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.
449
 
943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
450
 
943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.
451
 
943.0435(13)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
452
 
943.0435(14)3rdSexual offender; failure to report and reregister; failure to respond to address verification.
453
 
944.607(9)3rdSexual offender; failure to comply with reporting requirements.
454
 
944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.
455
 
944.607(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
456
 
944.607(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.
457
 
985.4815(10)3rdSexual offender; failure to submit to the taking of a digitized photograph.
458
 
985.4815(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
459
 
985.4815(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.
460
461     Section 5.  This act shall take effect July 1, 2012.


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