Florida Senate - 2014                                     SB 588
       
       
        
       By Senator Richter
       
       
       
       
       
       23-00874-14                                            2014588__
    1                        A bill to be entitled                      
    2         An act relating to offenses against vulnerable
    3         persons; amending s. 90.803, F.S.; revising when an
    4         out-of-court statement by an elderly person or
    5         disabled adult is admissible in certain proceedings;
    6         amending s. 825.101, F.S.; revising and deleting
    7         definitions; amending s. 825.103, F.S.; deleting a
    8         requirement that property of an elderly person or
    9         disabled adult be obtained by deception or
   10         intimidation in order to constitute exploitation of
   11         such a person; specifying additional circumstances
   12         that constitute a breach of a fiduciary duty;
   13         specifying when an unlawful appropriation occurs;
   14         creating a presumption that certain inter vivos
   15         transfers are a result of exploitation; providing
   16         exceptions; providing for jury instructions concerning
   17         the presumption; revising the valuation of funds,
   18         assets, or property involved for various degrees of
   19         offenses of exploitation of an elderly person or
   20         disabled adult; providing for return of property
   21         seized from a defendant to the victim before trial in
   22         certain circumstances; amending ss. 775.0844 and
   23         921.0022, F.S.; conforming provisions to changes made
   24         by the act; reenacting s. 772.11(1), F.S., relating to
   25         a civil remedy for theft or exploitation, to
   26         incorporate the amendments made by the act to s.
   27         825.103, F.S., in a reference thereto; providing an
   28         effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraph (a) of subsection (24) of section
   33  90.803, Florida Statutes, is amended to read:
   34         90.803 Hearsay exceptions; availability of declarant
   35  immaterial.—The provision of s. 90.802 to the contrary
   36  notwithstanding, the following are not inadmissible as evidence,
   37  even though the declarant is available as a witness:
   38         (24) HEARSAY EXCEPTION; STATEMENT OF ELDERLY PERSON OR
   39  DISABLED ADULT.—
   40         (a) Unless the source of information or the method or
   41  circumstances by which the statement is reported indicates a
   42  lack of trustworthiness, an out-of-court statement made by an
   43  elderly person or disabled adult, as defined in s. 825.101,
   44  describing any act of abuse or neglect, any act of exploitation,
   45  the offense of battery or aggravated battery or assault or
   46  aggravated assault or sexual battery, or any other violent act
   47  on the declarant elderly person or disabled adult, not otherwise
   48  admissible, is admissible in evidence in any civil or criminal
   49  proceeding if:
   50         1. The court finds in a hearing conducted outside the
   51  presence of the jury that the time, content, and circumstances
   52  of the statement provide sufficient safeguards of reliability.
   53  In making its determination, the court may consider the mental
   54  and physical age and maturity of the elderly person or disabled
   55  adult, the nature and duration of the abuse or offense, the
   56  relationship of the victim to the offender, the reliability of
   57  the assertion, the reliability of the elderly person or disabled
   58  adult, and any other factor deemed appropriate; and
   59         2. The elderly person or disabled adult either:
   60         a. Testifies; or
   61         b. is unavailable as a witness, provided that there is
   62  corroborative evidence of the abuse or offense. Unavailability
   63  shall include a finding by the court that the elderly person’s
   64  or disabled adult’s participation in the trial or proceeding
   65  would result in a substantial likelihood of severe emotional,
   66  mental, or physical harm, in addition to findings pursuant to s.
   67  90.804(1).
   68         Section 2. Subsections (2), (3), and (8) of section
   69  825.101, Florida Statutes, are amended to read:
   70         825.101 Definitions.—As used in this chapter:
   71         (2) “Caregiver” means a person who has been entrusted with
   72  or has assumed responsibility for the care or the property of an
   73  elderly person or disabled adult. “Caregiver” includes, but is
   74  not limited to, relatives, court-appointed or voluntary
   75  guardians, adult household members, neighbors, health care
   76  providers, and employees and volunteers of facilities as defined
   77  in subsection (6) (7).
   78         (3) “Deception” means:
   79         (a) Misrepresenting or concealing a material fact relating
   80  to:
   81         1. Services rendered, disposition of property, or use of
   82  property, when such services or property are intended to benefit
   83  an elderly person or disabled adult;
   84         2. Terms of a contract or agreement entered into with an
   85  elderly person or disabled adult; or
   86         3. An existing or preexisting condition of any property
   87  involved in a contract or agreement entered into with an elderly
   88  person or disabled adult; or
   89         (b) Using any misrepresentation, false pretense, or false
   90  promise in order to induce, encourage, or solicit an elderly
   91  person or disabled adult to enter into a contract or agreement.
   92         (8) “Intimidation” means the communication by word or act
   93  to an elderly person or disabled adult that the elderly person
   94  or disabled adult will be deprived of food, nutrition, clothing,
   95  shelter, supervision, medicine, medical services, money, or
   96  financial support or will suffer physical violence.
   97         Section 3. Section 825.103, Florida Statutes, is amended to
   98  read:
   99         825.103 Exploitation of an elderly person or disabled
  100  adult; penalties.—
  101         (1) “Exploitation of an elderly person or disabled adult”
  102  means:
  103         (a) Knowingly, by deception or intimidation, obtaining or
  104  using, or endeavoring to obtain or use, an elderly person’s or
  105  disabled adult’s funds, assets, or property with the intent to
  106  temporarily or permanently deprive the elderly person or
  107  disabled adult of the use, benefit, or possession of the funds,
  108  assets, or property, or to benefit someone other than the
  109  elderly person or disabled adult, by a person who:
  110         1. Stands in a position of trust and confidence with the
  111  elderly person or disabled adult; or
  112         2. Has a business relationship with the elderly person or
  113  disabled adult;
  114         (b) Obtaining or using, endeavoring to obtain or use, or
  115  conspiring with another to obtain or use an elderly person’s or
  116  disabled adult’s funds, assets, or property with the intent to
  117  temporarily or permanently deprive the elderly person or
  118  disabled adult of the use, benefit, or possession of the funds,
  119  assets, or property, or to benefit someone other than the
  120  elderly person or disabled adult, by a person who knows or
  121  reasonably should know that the elderly person or disabled adult
  122  lacks the capacity to consent; or
  123         (c) Breach of a fiduciary duty to an elderly person or
  124  disabled adult by the person’s guardian or agent under a power
  125  of attorney which results in an unauthorized appropriation,
  126  sale, or transfer of property. An unlawful appropriation under
  127  this paragraph occurs when the elderly person or disabled adult
  128  does not receive reciprocal financial value in goods or
  129  services, or the following persons violate any of these duties:
  130         1. For agents appointed under chapter 709:
  131         a. Committing fraud in obtaining their appointments;
  132         b. Abusing their powers;
  133         c. Wasting, embezzling, or intentionally mismanaging the
  134  assets of the ward or beneficiary of the trust; or
  135         d. Acting contrary to the principal’s sole benefit or best
  136  interest.
  137         2. For guardians and trustees appointed under chapter 736
  138  or chapter 744:
  139         a. Committing fraud in obtaining their appointments;
  140         b. Abusing their powers; or
  141         c. Wasting, embezzling, or intentionally mismanaging the
  142  assets of the ward or beneficiary of the trust.
  143         (d) Misappropriating, misusing, or unauthorized
  144  transferring of moneys belonging to an elderly person or
  145  disabled adult from a personal or joint account in which the
  146  elderly person or disabled adult placed the funds, owned the
  147  funds, and was the sole contributor or payee of the funds before
  148  the misappropriation, misuse, or unauthorized transfer.
  149         (e) Intentionally or negligently failing to effectively use
  150  an elderly person’s or disabled adult’s income and assets for
  151  the necessities required for that person’s support and
  152  maintenance, by a caregiver or a person who stands in a position
  153  of trust and confidence with the elderly person or disabled
  154  adult.
  155         (2) An inter vivos transfer of money or property valued in
  156  excess of $10,000 at the time of the transfer, whether in a
  157  single transaction or multiple transactions, by a person age 65
  158  or older to a nonrelative whom the transferor knew for fewer
  159  than 2 years before the first transfer and for which the
  160  transferor did not receive reciprocal value in goods or services
  161  creates a permissive presumption that the transfer was the
  162  result of exploitation.
  163         (a) This subsection applies regardless of whether the
  164  transfer or transfers are denoted by the parties as a gift or
  165  loan, except that it does not apply to a valid loan evidenced in
  166  writing that includes definite repayment dates. However, if
  167  repayment of any such loan is in default, in whole or in part,
  168  for more than 65 days, the presumption of this subsection
  169  applies.
  170         (b) This subsection does not apply to:
  171         1. Persons who are in the business of making loans.
  172         2. Bona fide charitable donations to nonprofit
  173  organizations that qualify for tax-exempt status under the
  174  Internal Revenue Code.
  175         (c) In a criminal case to which this subsection applies, if
  176  the trial is by jury, jurors shall be instructed that they may,
  177  but are not required to, draw an inference of exploitation upon
  178  proof beyond a reasonable doubt of the facts listed in this
  179  subsection. They shall also be instructed that in no event may
  180  they find a defendant guilty unless they are persuaded that each
  181  element of the offense has been proved beyond a reasonable
  182  doubt. The presumption of this subsection does not impose a
  183  burden of proof on the defendant.
  184         (3)(2)(a) If the funds, assets, or property involved in the
  185  exploitation of the elderly person or disabled adult is valued
  186  at $50,000 $100,000 or more, the offender commits a felony of
  187  the first degree, punishable as provided in s. 775.082, s.
  188  775.083, or s. 775.084.
  189         (b) If the funds, assets, or property involved in the
  190  exploitation of the elderly person or disabled adult is valued
  191  at $10,000 $20,000 or more, but less than $50,000 $100,000, the
  192  offender commits a felony of the second degree, punishable as
  193  provided in s. 775.082, s. 775.083, or s. 775.084.
  194         (c) If the funds, assets, or property involved in the
  195  exploitation of an elderly person or disabled adult is valued at
  196  less than $10,000 $20,000, the offender commits a felony of the
  197  third degree, punishable as provided in s. 775.082, s. 775.083,
  198  or s. 775.084.
  199         (4) If a person is charged with financial exploitation of
  200  an elderly person or disabled adult that involves the taking of
  201  or loss of property valued at more than $5,000 and property
  202  belonging to a victim is seized from the defendant pursuant to a
  203  search warrant, the court shall hold an evidentiary hearing and
  204  determine, by a preponderance of the evidence, whether the
  205  defendant unlawfully obtained the victim’s property. If the
  206  court finds that the property was unlawfully obtained, the court
  207  may order it returned to the victim for restitution purposes
  208  before trial on the charge. This determination is inadmissible
  209  in evidence at trial on the charge and does not give rise to any
  210  inference that the defendant has committed an offense under this
  211  section.
  212         Section 4. Subsection (5) of section 775.0844, Florida
  213  Statutes, is amended to read:
  214         775.0844 White Collar Crime Victim Protection Act.—
  215         (5) Any person who commits an aggravated white collar crime
  216  as defined in this section and in so doing either:
  217         (a) Victimizes 10 or more elderly persons, as defined in s.
  218  825.101(5);
  219         (b) Victimizes 20 or more persons, as defined in s. 1.01;
  220  or
  221         (c) Victimizes the State of Florida, any state agency, any
  222  of the state’s political subdivisions, or any agency of the
  223  state’s political subdivisions,
  224  
  225  and thereby obtains or attempts to obtain $50,000 or more,
  226  commits a felony of the first degree, punishable as provided in
  227  s. 775.082, s. 775.083, or s. 775.084.
  228         Section 5. Paragraphs (f), (g), and (h) of subsection (3)
  229  of section 921.0022, Florida Statutes, are amended to read:
  230         921.0022 Criminal Punishment Code; offense severity ranking
  231  chart.—
  232         (3) OFFENSE SEVERITY RANKING CHART
  233         (f) LEVEL 6
  234  
  235  FloridaStatute    FelonyDegree           Description            
  236  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
  237  499.0051(3)          2nd   Knowing forgery of pedigree papers.
  238  499.0051(4)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  239  499.0051(5)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  240  775.0875(1)          3rd   Taking firearm from law enforcement officer.
  241  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
  242  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
  243  784.041              3rd   Felony battery; domestic battery by strangulation.
  244  784.048(3)           3rd   Aggravated stalking; credible threat.
  245  784.048(5)           3rd   Aggravated stalking of person under 16.
  246  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
  247  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
  248  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
  249  784.081(2)           2nd   Aggravated assault on specified official or employee.
  250  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
  251  784.083(2)           2nd   Aggravated assault on code inspector.
  252  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  253  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
  254  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  255  790.164(1)           2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  256  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  257  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  258  794.05(1)            2nd   Unlawful sexual activity with specified minor.
  259  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.
  260  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  261  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
  262  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
  263  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
  264  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  265  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
  266  812.015(9)(a)        2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  267  812.015(9)(b)        2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  268  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  269  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  270  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
  271  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
  272  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  273  825.103(3)(c) 825.103(2)(c)   3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000 $20,000.
  274  827.03(2)(c)         3rd   Abuse of a child.                 
  275  827.03(2)(d)         3rd   Neglect of a child.               
  276  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  277  836.05               2nd   Threats; extortion.               
  278  836.10               2nd   Written threats to kill or do bodily injury.
  279  843.12               3rd   Aids or assists person to escape. 
  280  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  281  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
  282  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  283  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  284  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.
  285  944.40               2nd   Escapes.                          
  286  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
  287  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  288  951.22(1)            3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  289         (g) LEVEL 7
  290  
  291  FloridaStatute    FelonyDegree           Description            
  292  316.027(1)(b)        1st   Accident involving death, failure to stop; leaving scene.
  293  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
  294  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.
  295  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
  296  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  297  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
  298  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  299  456.065(2)           3rd   Practicing a health care profession without a license.
  300  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
  301  458.327(1)           3rd   Practicing medicine without a license.
  302  459.013(1)           3rd   Practicing osteopathic medicine without a license.
  303  460.411(1)           3rd   Practicing chiropractic medicine without a license.
  304  461.012(1)           3rd   Practicing podiatric medicine without a license.
  305  462.17               3rd   Practicing naturopathy without a license.
  306  463.015(1)           3rd   Practicing optometry without a license.
  307  464.016(1)           3rd   Practicing nursing without a license.
  308  465.015(2)           3rd   Practicing pharmacy without a license.
  309  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
  310  467.201              3rd   Practicing midwifery without a license.
  311  468.366              3rd   Delivering respiratory care services without a license.
  312  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
  313  483.901(9)           3rd   Practicing medical physics without a license.
  314  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
  315  484.053              3rd   Dispensing hearing aids without a license.
  316  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.
  317  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.
  318  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  319  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  320  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  321  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
  322  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  323  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  324  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  325  782.071              2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  326  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  327  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  328  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
  329  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
  330  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
  331  784.048(7)           3rd   Aggravated stalking; violation of court order.
  332  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
  333  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
  334  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
  335  784.081(1)           1st   Aggravated battery on specified official or employee.
  336  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
  337  784.083(1)           1st   Aggravated battery on code inspector.
  338  787.06(3)(a)         1st   Human trafficking using coercion for labor and services.
  339  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.
  340  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  341  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
  342  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
  343  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  344  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  345  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  346  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  347  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.
  348  796.03               2nd   Procuring any person under 16 years for prostitution.
  349  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  350  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.
  351  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
  352  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  353  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  354  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  355  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
  356  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.
  357  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  358  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  359  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  360  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
  361  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  362  812.131(2)(a)        2nd   Robbery by sudden snatching.      
  363  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
  364  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
  365  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  366  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  367  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
  368  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.
  369  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
  370  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  371  825.103(3)(b) 825.103(2)(b)   2nd   Exploiting an elderly person or disabled adult and property is valued at $10,000 $20,000 or more, but less than $50,000 $100,000.
  372  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  373  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  374  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
  375  838.015              2nd   Bribery.                          
  376  838.016              2nd   Unlawful compensation or reward for official behavior.
  377  838.021(3)(a)        2nd   Unlawful harm to a public servant.
  378  838.22               2nd   Bid tampering.                    
  379  843.0855(2)          3rd   Impersonation of a public officer or employee.
  380  843.0855(3)          3rd   Unlawful simulation of legal process.
  381  843.0855(4)          3rd   Intimidation of a public officer or employee.
  382  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  383  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
  384  872.06               2nd   Abuse of a dead human body.       
  385  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  386  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  387  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.
  388  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.
  389  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).
  390  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  391  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  392  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  393  893.135(1)(d)1.      1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  394  893.135(1)(e)1.      1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  395  893.135(1)(f)1.      1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  396  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  397  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  398  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  399  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  400  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  401  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  402  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  403  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  404  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  405  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
  406  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  407  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  408  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
  409  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  410  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  411  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  412  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  413  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  414  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  415         (h) LEVEL 8
  416  
  417  FloridaStatute    FelonyDegree           Description            
  418  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                 
  419  316.1935(4)(b)       1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  420  327.35(3)(c)3.       2nd   Vessel BUI manslaughter.          
  421  499.0051(7)          1st   Knowing trafficking in contraband prescription drugs.
  422  499.0051(8)          1st   Knowing forgery of prescription labels or prescription drug labels.
  423  560.123(8)(b)2.      2nd   Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
  424  560.125(5)(b)        2nd   Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
  425  655.50(10)(b)2.      2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  426  777.03(2)(a)         1st   Accessory after the fact, capital felony.
  427  782.04(4)            2nd   Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
  428  782.051(2)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  429  782.071(1)(b)        1st   Committing vehicular homicide and failing to render aid or give information.
  430  782.072(2)           1st   Committing vessel homicide and failing to render aid or give information.
  431  787.06(3)(b)         1st   Human trafficking using coercion for commercial sexual activity.
  432  787.06(3)(c)         1st   Human trafficking using coercion for labor and services of an unauthorized alien.
  433  787.06(3)(f)         1st   Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
  434  790.161(3)           1st   Discharging a destructive device which results in bodily harm or property damage.
  435  794.011(5)           2nd   Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  436  794.08(3)            2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  437  800.04(4)            2nd   Lewd or lascivious battery.       
  438  806.01(1)            1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  439  810.02(2)(a)       1st,PBL Burglary with assault or battery. 
  440  810.02(2)(b)       1st,PBL Burglary; armed with explosives or dangerous weapon.
  441  810.02(2)(c)         1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  442  812.014(2)(a)2.      1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  443  812.13(2)(b)         1st   Robbery with a weapon.            
  444  812.135(2)(c)        1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  445  817.535(2)(b)        2nd   Filing false lien or other unauthorized document; second or subsequent offense.
  446  817.535(3)(a)        2nd   Filing false lien or other unauthorized document; property owner is a public officer or employee.
  447  817.535(4)(a)1.      2nd   Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  448  817.535(5)(a)        2nd   Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
  449  817.568(6)           2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  450  825.102(2)           1st   Aggravated abuse of an elderly person or disabled adult.
  451  825.1025(2)          2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  452  825.103(3)(a) 825.103(2)(a)   1st   Exploiting an elderly person or disabled adult and property is valued at $50,000 $100,000 or more.
  453  837.02(2)            2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  454  837.021(2)           2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  455  860.121(2)(c)        1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  456  860.16               1st   Aircraft piracy.                  
  457  893.13(1)(b)         1st   Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  458  893.13(2)(b)         1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  459  893.13(6)(c)         1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  460  893.135(1)(a)2.      1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  461  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 200 grams, less than 400 grams.
  462  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  463  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  464  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  465  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  466  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  467  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  468  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  469  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  470  893.1351(3)          1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  471  895.03(1)            1st   Use or invest proceeds derived from pattern of racketeering activity.
  472  895.03(2)            1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  473  895.03(3)            1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  474  896.101(5)(b)        2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  475  896.104(4)(a)2.      2nd   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
  476         Section 6. For the purpose of incorporating the amendment
  477  made by this act to section 825.103, Florida Statutes, in a
  478  reference thereto, subsection (1) of section 772.11, Florida
  479  Statutes, is reenacted to read:
  480         772.11 Civil remedy for theft or exploitation.—
  481         (1) Any person who proves by clear and convincing evidence
  482  that he or she has been injured in any fashion by reason of any
  483  violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of
  484  action for threefold the actual damages sustained and, in any
  485  such action, is entitled to minimum damages in the amount of
  486  $200, and reasonable attorney’s fees and court costs in the
  487  trial and appellate courts. Before filing an action for damages
  488  under this section, the person claiming injury must make a
  489  written demand for $200 or the treble damage amount of the
  490  person liable for damages under this section. If the person to
  491  whom a written demand is made complies with such demand within
  492  30 days after receipt of the demand, that person shall be given
  493  a written release from further civil liability for the specific
  494  act of theft or exploitation by the person making the written
  495  demand. Any person who has a cause of action under this section
  496  may recover the damages allowed under this section from the
  497  parents or legal guardian of any unemancipated minor who lives
  498  with his or her parents or legal guardian and who is liable for
  499  damages under this section. Punitive damages may not be awarded
  500  under this section. The defendant is entitled to recover
  501  reasonable attorney’s fees and court costs in the trial and
  502  appellate courts upon a finding that the claimant raised a claim
  503  that was without substantial fact or legal support. In awarding
  504  attorney’s fees and costs under this section, the court may not
  505  consider the ability of the opposing party to pay such fees and
  506  costs. This section does not limit any right to recover
  507  attorney’s fees or costs provided under any other law.
  508         Section 7. This act shall take effect October 1, 2014.