Florida Senate - 2014 CS for SB 102
By the Committee on Transportation; and Senators Diaz de la
Portilla, Garcia, and Evers
596-00986-14 2014102c1
1 A bill to be entitled
2 An act relating to drivers leaving the scene of a
3 crash; creating the “Aaron Cohen Life Protection Act”;
4 amending s. 316.027, F.S.; redefining the term
5 “serious bodily injury” and defining the term
6 “vulnerable road user”; requiring the driver of a
7 vehicle involved in a crash that results in serious
8 bodily injury to a person to immediately stop the
9 vehicle and remain at the scene of the crash;
10 providing that a person commits a felony of the second
11 degree if he or she fails to stop the vehicle and
12 remain at the scene of the crash until specified
13 requirements are fulfilled; requiring the court to
14 impose a mandatory minimum term of imprisonment under
15 certain circumstances; requiring the revocation of the
16 driver’s driver license; requiring the driver to
17 participate in specified programs; providing for
18 ranking of an offense committed if the victim of the
19 offense was a vulnerable road user; authorizing the
20 defendant to move to depart from the mandatory minimum
21 term of imprisonment under certain circumstances;
22 providing requirements and procedures for such
23 departure; amending s. 322.0261, F.S.; requiring the
24 Department of Highway Safety and Motor Vehicles to
25 include in the curriculum of a certain driver
26 improvement course instruction addressing the rights
27 of vulnerable road users; amending s. 322.28, F.S.;
28 requiring the court to revoke for at least 3 years the
29 driver license of a person convicted of leaving the
30 scene of a crash involving injury, serious bodily
31 injury, or death; reenacting and amending s.
32 322.34(6), F.S., relating to driving while a driver
33 license is suspended, revoked, canceled, or
34 disqualified, to incorporate the amendment to s.
35 322.28, F.S., in a reference thereto; amending s.
36 921.0022, F.S.; revising the offense severity ranking
37 chart; conforming a cross-reference; providing an
38 effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. This act may be cited as the “Aaron Cohen Life
43 Protection Act.”
44 Section 2. Section 316.027, Florida Statutes, is amended to
45 read:
46 316.027 Crash involving death or personal injuries.—
47 (1) As used in this section, the term:
48 (a) “Serious bodily injury” means an injury to a person,
49 including the driver, which consists of a physical condition
50 that creates a substantial risk of death, serious personal
51 disfigurement, or protracted loss or impairment of the function
52 of a bodily member or organ.
53 (b) “Vulnerable road user” means:
54 1. A pedestrian, including a person actually engaged in
55 work upon a highway, or in work upon utility facilities along a
56 highway, or engaged in the provision of emergency services
57 within the right-of-way;
58 2. A person operating a bicycle, motorcycle, scooter, or
59 moped lawfully on the roadway;
60 3. A person riding an animal; or
61 4. A person lawfully operating on a public right-of-way,
62 crosswalk, or shoulder of the roadway:
63 a. A farm tractor or similar vehicle designed primarily for
64 farm use;
65 b. A skateboard, roller skates, or in-line skates;
66 c. A horse-drawn carriage;
67 d. An electric personal assistive mobility device; or
68 e. A wheelchair.
69 (2)(1)(a) The driver of a any vehicle involved in a crash
70 occurring on public or private property which that results in
71 injury to a of any person other than serious bodily injury shall
72 must immediately stop the vehicle at the scene of the crash, or
73 as close thereto as possible, and shall must remain at the scene
74 of the crash until he or she has fulfilled the requirements of
75 s. 316.062. A Any person who willfully violates this paragraph
76 commits a felony of the third degree, punishable as provided in
77 s. 775.082, s. 775.083, or s. 775.084.
78 (b) The driver of a vehicle involved in a crash occurring
79 on public or private property which results in serious bodily
80 injury to a person shall immediately stop the vehicle at the
81 scene of the crash, or as close thereto as possible, and shall
82 remain at the scene of the crash until he or she has fulfilled
83 the requirements of s. 316.062. A person who willfully violates
84 this paragraph commits a felony of the second degree, punishable
85 as provided in s. 775.082, s. 775.083, or s. 775.084.
86 (c)(b) The driver of a any vehicle involved in a crash
87 occurring on public or private property which that results in
88 the death of a any person shall must immediately stop the
89 vehicle at the scene of the crash, or as close thereto as
90 possible, and shall must remain at the scene of the crash until
91 he or she has fulfilled the requirements of s. 316.062. A person
92 who is arrested for a violation of this paragraph and who has
93 previously been convicted of a violation of this section, s.
94 316.061, s. 316.191, or s. 316.193, or a felony violation of s.
95 322.34, shall be held in custody until brought before the court
96 for admittance to bail in accordance with chapter 903. A Any
97 person who willfully violates this paragraph commits a felony of
98 the first degree, punishable as provided in s. 775.082, s.
99 775.083, or s. 775.084, and shall be sentenced to a mandatory
100 minimum term of imprisonment of 4 years. A Any person who
101 willfully commits such a violation while driving under the
102 influence as set forth in s. 316.193(1) shall be sentenced to a
103 mandatory minimum term of imprisonment of 4 2 years.
104 (d)(c) Notwithstanding s. 775.089(1)(a), if the driver of a
105 vehicle violates paragraph (a), or paragraph (b), or paragraph
106 (c), the court shall order the driver to make restitution to the
107 victim for any damage or loss unless the court finds clear and
108 compelling reasons not to order the restitution. Restitution may
109 be monetary or nonmonetary restitution. The court shall make the
110 payment of restitution a condition of probation in accordance
111 with s. 948.03. An order requiring the defendant to make
112 restitution to a victim does not remove or diminish the
113 requirement that the court order payment to the Crimes
114 Compensation Trust Fund under chapter 960. Payment of an award
115 by the Crimes Compensation Trust Fund creates an order of
116 restitution to the Crimes Compensation Trust Fund unless
117 specifically waived in accordance with s. 775.089(1)(b).
118 (e) A driver who violates paragraph (a), paragraph (b), or
119 paragraph (c) shall:
120 1. Have his or her driver license revoked for at least 3
121 years as provided in s. 322.28(4);
122 2. Participate in a victim’s impact panel session in a
123 judicial circuit if such a panel exists; or
124 3. Participate in a driver education course relating to the
125 rights of vulnerable road users relative to vehicles on the
126 roadway.
127 (f) For purposes of sentencing under chapter 921 and
128 determining incentive gain-time eligibility under chapter 944,
129 an offense listed in this subsection is ranked one level above
130 the ranking specified in s. 921.0022 or s. 921.0023 for the
131 offense committed if the victim of the offense was a vulnerable
132 road user.
133 (g) The defendant may move to depart from the mandatory
134 minimum term of imprisonment prescribed in paragraph (c) unless
135 the violation was committed while the defendant was driving
136 under the influence. The state may object to this departure. The
137 court may grant the motion only if it finds that a factor,
138 consideration, or circumstance clearly demonstrates that
139 imposing a mandatory minimum term of imprisonment would
140 constitute or result in an injustice. The court shall state in
141 open court the basis for granting the motion.
142 (2) The department shall revoke the driver’s license of the
143 person so convicted.
144 (3) The stops shall Every stop must be made without
145 unnecessarily obstructing traffic more than is necessary, and,
146 if a damaged vehicle is obstructing traffic, the driver of the
147 vehicle shall must make every reasonable effort to move the
148 vehicle or have it moved so as not to obstruct the regular flow
149 of traffic. A Any person who fails to comply with this
150 subsection shall be cited for a nonmoving violation, punishable
151 as provided in chapter 318.
152 (4) In addition to any other civil, criminal, or
153 administrative penalty imposed, a person whose commission of a
154 noncriminal traffic infraction or a any violation of this
155 chapter or s. 1006.66 causes or results in the death of another
156 person may, in addition to any other civil, criminal, or
157 administrative penalty imposed, be required by the court to
158 serve 120 community service hours in a trauma center or hospital
159 that regularly receives victims of vehicle accidents, under the
160 supervision of a registered nurse, an emergency room physician,
161 or an emergency medical technician pursuant to a voluntary
162 community service program operated by the trauma center or
163 hospital.
164 (5) This section does not apply to crashes occurring during
165 a motorsports event, as defined in s. 549.10(1), or at a closed
166 course motorsport facility, as defined in s. 549.09(1).
167 Section 3. Subsection (2) of section 322.0261, Florida
168 Statutes, is amended to read:
169 322.0261 Driver improvement course; requirement to maintain
170 driving privileges; failure to complete; department approval of
171 course.—
172 (2) With respect to an operator convicted of, or who
173 pleaded nolo contendere to, a traffic offense giving rise to a
174 crash identified in paragraph (1)(a) or paragraph (1)(b), the
175 department shall require that the operator, in addition to other
176 applicable penalties, attend a department-approved driver
177 improvement course in order to maintain his or her driving
178 privileges. The department shall include in the course
179 curriculum instruction specifically addressing the rights of
180 vulnerable road users as defined in s. 316.027 relative to
181 vehicles on the roadway. If the operator fails to complete the
182 course within 90 days after receiving notice from the
183 department, the operator’s driver driver’s license shall be
184 canceled by the department until the course is successfully
185 completed.
186 Section 4. Subsection (4) of section 322.28, Florida
187 Statutes, is amended to read:
188 322.28 Period of suspension or revocation.—
189 (4)(a) Upon a conviction for a violation of s.
190 316.193(3)(c)2., involving serious bodily injury, a conviction
191 of manslaughter resulting from the operation of a motor vehicle,
192 or a conviction of vehicular homicide, the court shall revoke
193 the driver license of the person convicted for a minimum period
194 of 3 years. If a conviction under s. 316.193(3)(c)2., involving
195 serious bodily injury, is also a subsequent conviction as
196 described under paragraph (2)(a), the court shall revoke the
197 driver license or driving privilege of the person convicted for
198 the period applicable as provided in paragraph (2)(a) or
199 paragraph (2)(d).
200 (b) Upon a conviction for a violation of s. 316.027(2)(a),
201 s. 316.027(2)(b), or s. 316.027(2)(c) involving injury, serious
202 bodily injury, or death, the court shall revoke the driver
203 license of the person convicted for a minimum period of 3 years.
204 (c)(b) If the period of revocation was not specified by the
205 court at the time of imposing sentence or within 30 days
206 thereafter, the department shall revoke the driver license for
207 the minimum period applicable under paragraph (a) or paragraph
208 (b) or, for a subsequent conviction, for the minimum period
209 applicable under paragraph (2)(a) or paragraph (2)(d).
210 Section 5. For the purpose of incorporating the amendment
211 made by this act to section 322.28, Florida Statutes, in a
212 reference thereto, subsection (6) of section 322.34, Florida
213 Statutes, is reenacted and amended to read:
214 322.34 Driving while license suspended, revoked, canceled,
215 or disqualified.—
216 (6) Any person who operates a motor vehicle:
217 (a) Without having a driver’s license as required under s.
218 322.03; or
219 (b) While his or her driver’s license or driving privilege
220 is canceled, suspended, or revoked pursuant to s. 316.655, s.
221 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
222
223 and who by careless or negligent operation of the motor vehicle
224 causes the death of or serious bodily injury to another human
225 being commits is guilty of a felony of the third degree,
226 punishable as provided in s. 775.082 or s. 775.083.
227 Section 6. Paragraphs (e) through (g) of subsection (3) of
228 section 921.0022, Florida Statutes, are amended to read:
229 921.0022 Criminal Punishment Code; offense severity ranking
230 chart.—
231 (3) OFFENSE SEVERITY RANKING CHART
232 (e) LEVEL 5
233
234 FloridaStatute FelonyDegree Description
235 316.027(2)(a)(1)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
236 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
237 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
238 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
239 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
240 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
241 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
242 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
243 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
244 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
245 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
246 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
247 790.01(2) 3rd Carrying a concealed firearm.
248 790.162 2nd Threat to throw or discharge destructive device.
249 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
250 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
251 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
252 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
253 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
254 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
255 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
256 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
257 812.019(1) 2nd Stolen property; dealing in or trafficking in.
258 812.131(2)(b) 3rd Robbery by sudden snatching.
259 812.16(2) 3rd Owning, operating, or conducting a chop shop.
260 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
261 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
262 817.2341(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.
263 817.568(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.
264 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
265 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
266 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
267 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
268 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
269 843.01 3rd Resist officer with violence to person; resist arrest with violence.
270 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
271 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
272 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
273 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
274 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
275 893.13(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).
276 893.13(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.
277 893.13(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.
278 893.13(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.
279 893.13(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.
280 893.13(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).
281 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
282
283 (f) LEVEL 6
284
285 FloridaStatute FelonyDegree Description
286 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
287 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
288 499.0051(3) 2nd Knowing forgery of pedigree papers.
289 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
290 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
291 775.0875(1) 3rd Taking firearm from law enforcement officer.
292 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
293 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
294 784.041 3rd Felony battery; domestic battery by strangulation.
295 784.048(3) 3rd Aggravated stalking; credible threat.
296 784.048(5) 3rd Aggravated stalking of person under 16.
297 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
298 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
299 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
300 784.081(2) 2nd Aggravated assault on specified official or employee.
301 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
302 784.083(2) 2nd Aggravated assault on code inspector.
303 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
304 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
305 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
306 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
307 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
308 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
309 794.05(1) 2nd Unlawful sexual activity with specified minor.
310 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
311 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
312 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
313 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
314 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
315 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
316 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
317 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
318 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
319 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
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(2)(c) 3rd Abuse of a child.
326 827.03(2)(d) 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
341 (g) LEVEL 7
342
343 FloridaStatute FelonyDegree Description
344 316.027(2)(c)(1)(b) 1st Accident involving death, failure to stop; leaving scene.
345 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
346 316.1935(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.
347 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
348 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
349 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
350 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
351 456.065(2) 3rd Practicing a health care profession without a license.
352 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
353 458.327(1) 3rd Practicing medicine without a license.
354 459.013(1) 3rd Practicing osteopathic medicine without a license.
355 460.411(1) 3rd Practicing chiropractic medicine without a license.
356 461.012(1) 3rd Practicing podiatric medicine without a license.
357 462.17 3rd Practicing naturopathy without a license.
358 463.015(1) 3rd Practicing optometry without a license.
359 464.016(1) 3rd Practicing nursing without a license.
360 465.015(2) 3rd Practicing pharmacy without a license.
361 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
362 467.201 3rd Practicing midwifery without a license.
363 468.366 3rd Delivering respiratory care services without a license.
364 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
365 483.901(9) 3rd Practicing medical physics without a license.
366 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
367 484.053 3rd Dispensing hearing aids without a license.
368 494.0018(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.
369 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
370 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
371 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
372 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
373 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
374 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
375 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
376 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
377 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
378 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
379 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
380 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
381 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
382 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
383 784.048(7) 3rd Aggravated stalking; violation of court order.
384 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
385 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
386 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
387 784.081(1) 1st Aggravated battery on specified official or employee.
388 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
389 784.083(1) 1st Aggravated battery on code inspector.
390 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
391 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
392 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
393 790.16(1) 1st Discharge of a machine gun under specified circumstances.
394 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
395 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
396 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
397 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
398 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
399 794.08(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.
400 796.03 2nd Procuring any person under 16 years of age for prostitution.
401 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years of age.
402 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender 18 years of age or older.
403 806.01(2) 2nd Maliciously damage structure by fire or explosive.
404 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
405 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
406 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
407 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
408 812.014(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.
409 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
410 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
411 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
412 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
413 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
414 812.131(2)(a) 2nd Robbery by sudden snatching.
415 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
416 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
417 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
418 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
419 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
420 817.2341 (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.
421 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
422 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
423 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
424 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
425 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
426 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
427 838.015 2nd Bribery.
428 838.016 2nd Unlawful compensation or reward for official behavior.
429 838.021(3)(a) 2nd Unlawful harm to a public servant.
430 838.22 2nd Bid tampering.
431 843.0855(2) 3rd Impersonation of a public officer or employee.
432 843.0855(3) 3rd Unlawful simulation of legal process.
433 843.0855(4) 3rd Intimidation of a public officer or employee.
434 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
435 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
436 872.06 2nd Abuse of a dead human body.
437 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
438 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
439 893.13(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.
440 893.13(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.
441 893.13(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).
442 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
443 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
444 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
445 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
446 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
447 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
448 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
449 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
450 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
451 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
452 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
453 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
454 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
455 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
456 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
457 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
458 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
459 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
460 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
461 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
462 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
463 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
464 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
465 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
466 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
467 Section 7. This act shall take effect July 1, 2014.