Florida Senate - 2014                       CS for CS for SB 102
       
       
        
       By the Committees on Appropriations; and Transportation; and
       Senators Diaz de la Portilla, Garcia, and Evers
       
       
       
       
       576-02569-14                                           2014102c2
    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 have his or her driver license revoked for
  120  at least 3 years as provided in s. 322.28(4).
  121         1. A person convicted of violating paragraph (a), paragraph
  122  (b), or paragraph (c) shall, before his or her driving privilege
  123  may be reinstated, present to the department proof of completion
  124  of a victim’s impact panel session in a judicial circuit if such
  125  a panel exists, or if such a panel does not exist, a department
  126  approved driver improvement course relating to the rights of
  127  vulnerable road users relative to vehicles on the roadway as
  128  provided in s. 322.0261(2).
  129         2. The department may reinstate an offender’s driving
  130  privilege after he or she satisfies the 3-year revocation period
  131  as provided in s. 322.28(4) and successfully completes either a
  132  victim’s impact panel session or a department-approved driver
  133  improvement course relating to the rights of vulnerable road
  134  users relative to vehicles on the roadway as provided in s.
  135  322.0261(2).
  136         3. For purposes of this paragraph, an offender’s driving
  137  privilege may be reinstated only after the department verifies
  138  that the offender participated in and successfully completed a
  139  victim’s impact panel session or a department-approved driver
  140  improvement course.
  141         (f) For purposes of sentencing under chapter 921 and
  142  determining incentive gain-time eligibility under chapter 944,
  143  an offense listed in this subsection is ranked one level above
  144  the ranking specified in s. 921.0022 or s. 921.0023 for the
  145  offense committed if the victim of the offense was a vulnerable
  146  road user.
  147         (g) The defendant may move to depart from the mandatory
  148  minimum term of imprisonment prescribed in paragraph (c) unless
  149  the violation was committed while the defendant was driving
  150  under the influence. The state may object to this departure. The
  151  court may grant the motion only if it finds that a factor,
  152  consideration, or circumstance clearly demonstrates that
  153  imposing a mandatory minimum term of imprisonment would
  154  constitute or result in an injustice. The court shall state in
  155  open court the basis for granting the motion.
  156         (2) The department shall revoke the driver’s license of the
  157  person so convicted.
  158         (3) The stops shall Every stop must be made without
  159  unnecessarily obstructing traffic more than is necessary, and,
  160  if a damaged vehicle is obstructing traffic, the driver of the
  161  vehicle shall must make every reasonable effort to move the
  162  vehicle or have it moved so as not to obstruct the regular flow
  163  of traffic. A Any person who fails to comply with this
  164  subsection shall be cited for a nonmoving violation, punishable
  165  as provided in chapter 318.
  166         (4) In addition to any other civil, criminal, or
  167  administrative penalty imposed, a person whose commission of a
  168  noncriminal traffic infraction or a any violation of this
  169  chapter or s. 1006.66 causes or results in the death of another
  170  person may, in addition to any other civil, criminal, or
  171  administrative penalty imposed, be required by the court to
  172  serve 120 community service hours in a trauma center or hospital
  173  that regularly receives victims of vehicle accidents, under the
  174  supervision of a registered nurse, an emergency room physician,
  175  or an emergency medical technician pursuant to a voluntary
  176  community service program operated by the trauma center or
  177  hospital.
  178         (5) This section does not apply to crashes occurring during
  179  a motorsports event, as defined in s. 549.10(1), or at a closed
  180  course motorsport facility, as defined in s. 549.09(1).
  181         Section 3. Subsection (2) of section 322.0261, Florida
  182  Statutes, is amended to read:
  183         322.0261 Driver improvement course; requirement to maintain
  184  driving privileges; failure to complete; department approval of
  185  course.—
  186         (2) With respect to an operator convicted of, or who
  187  pleaded nolo contendere to, a traffic offense giving rise to a
  188  crash identified in paragraph (1)(a) or paragraph (1)(b), the
  189  department shall require that the operator, in addition to other
  190  applicable penalties, attend a department-approved driver
  191  improvement course in order to maintain his or her driving
  192  privileges. The department shall include in the course
  193  curriculum instruction specifically addressing the rights of
  194  vulnerable road users as defined in s. 316.027 relative to
  195  vehicles on the roadway. If the operator fails to complete the
  196  course within 90 days after receiving notice from the
  197  department, the operator’s driver driver’s license shall be
  198  canceled by the department until the course is successfully
  199  completed.
  200         Section 4. Subsection (4) of section 322.28, Florida
  201  Statutes, is amended to read:
  202         322.28 Period of suspension or revocation.—
  203         (4)(a) Upon a conviction for a violation of s.
  204  316.193(3)(c)2., involving serious bodily injury, a conviction
  205  of manslaughter resulting from the operation of a motor vehicle,
  206  or a conviction of vehicular homicide, the court shall revoke
  207  the driver license of the person convicted for a minimum period
  208  of 3 years. If a conviction under s. 316.193(3)(c)2., involving
  209  serious bodily injury, is also a subsequent conviction as
  210  described under paragraph (2)(a), the court shall revoke the
  211  driver license or driving privilege of the person convicted for
  212  the period applicable as provided in paragraph (2)(a) or
  213  paragraph (2)(d).
  214         (b)Upon a conviction for a violation of s. 316.027(2)(a),
  215  s. 316.027(2)(b), or s. 316.027(2)(c) involving injury, serious
  216  bodily injury, or death, the court shall revoke the driver
  217  license of the person convicted for a minimum period of 3 years.
  218         (c)(b) If the period of revocation was not specified by the
  219  court at the time of imposing sentence or within 30 days
  220  thereafter, the department shall revoke the driver license for
  221  the minimum period applicable under paragraph (a) or paragraph
  222  (b) or, for a subsequent conviction, for the minimum period
  223  applicable under paragraph (2)(a) or paragraph (2)(d).
  224         Section 5. For the purpose of incorporating the amendment
  225  made by this act to section 322.28, Florida Statutes, in a
  226  reference thereto, subsection (6) of section 322.34, Florida
  227  Statutes, is reenacted and amended to read:
  228         322.34 Driving while license suspended, revoked, canceled,
  229  or disqualified.—
  230         (6) Any person who operates a motor vehicle:
  231         (a) Without having a driver’s license as required under s.
  232  322.03; or
  233         (b) While his or her driver’s license or driving privilege
  234  is canceled, suspended, or revoked pursuant to s. 316.655, s.
  235  322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
  236  
  237  and who by careless or negligent operation of the motor vehicle
  238  causes the death of or serious bodily injury to another human
  239  being commits is guilty of a felony of the third degree,
  240  punishable as provided in s. 775.082 or s. 775.083.
  241         Section 6. Paragraphs (e) through (g) of subsection (3) of
  242  section 921.0022, Florida Statutes, are amended to read:
  243         921.0022 Criminal Punishment Code; offense severity ranking
  244  chart.—
  245         (3) OFFENSE SEVERITY RANKING CHART
  246         (e) LEVEL 5
  247  
  248  FloridaStatute                  FelonyDegree      Description       
  249  316.027(2)(a)(1)(a)                 3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  250  316.1935(4)(a)                      2nd     Aggravated fleeing or eluding.
  251  322.34(6)                           3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  252  327.30(5)                           3rd     Vessel accidents involving personal injury; leaving scene.
  253  379.367(4)                          3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  254  379.3671 (2)(c)3.                   3rd     Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  255  381.0041(11)(b)                     3rd     Donate blood, plasma, or organs knowing HIV positive.
  256  440.10(1)(g)                        2nd     Failure to obtain workers’ compensation coverage.
  257  440.105(5)                          2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  258  440.381(2)                          2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  259  624.401(4)(b)2.                     2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  260  626.902(1)(c)                       2nd     Representing an unauthorized insurer; repeat offender.
  261  790.01(2)                           3rd     Carrying a concealed firearm.
  262  790.162                             2nd     Threat to throw or discharge destructive device.
  263  790.163(1)                          2nd     False report of deadly explosive or weapon of mass destruction.
  264  790.221(1)                          2nd     Possession of short-barreled shotgun or machine gun.
  265  790.23                              2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  266  800.04(6)(c)                        3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  267  800.04(7)(b)                        2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  268  806.111(1)                          3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  269  812.0145(2)(b)                      2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  270  812.015(8)                          3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  271  812.019(1)                          2nd     Stolen property; dealing in or trafficking in.
  272  812.131(2)(b)                       3rd     Robbery by sudden snatching.
  273  812.16(2)                           3rd     Owning, operating, or conducting a chop shop.
  274  817.034(4)(a)2.                     2nd     Communications fraud, value $20,000 to $50,000.
  275  817.234(11)(b)                      2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  276  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.
  277  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.
  278  817.625(2)(b)                       2nd     Second or subsequent fraudulent use of scanning device or reencoder.
  279  825.1025(4)                         3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  280  827.071(4)                          2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  281  827.071(5)                          3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  282  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.
  283  843.01                              3rd     Resist officer with violence to person; resist arrest with violence.
  284  847.0135(5)(b)                      2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  285  847.0137 (2) & (3)                  3rd     Transmission of pornography by electronic device or equipment.
  286  847.0138 (2) & (3)                  3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  287  874.05(1)(b)                        2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  288  874.05(2)(a)                        2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  289  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).
  290  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.
  291  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.
  292  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.
  293  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.
  294  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).
  295  893.1351(1)                         3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  296         (f) LEVEL 6
  297  
  298  FloridaStatute              FelonyDegree        Description        
  299  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  300  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  301  499.0051(3)                      2nd     Knowing forgery of pedigree papers.
  302  499.0051(4)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  303  499.0051(5)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  304  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  305  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  306  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  307  784.041                          3rd     Felony battery; domestic battery by strangulation.
  308  784.048(3)                       3rd     Aggravated stalking; credible threat.
  309  784.048(5)                       3rd     Aggravated stalking of person under 16.
  310  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  311  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  312  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  313  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  314  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  315  784.083(2)                       2nd     Aggravated assault on code inspector.
  316  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  317  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  318  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  319  790.164(1)                       2nd     False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  320  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  321  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  322  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  323  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.
  324  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  325  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  326  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  327  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  328  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  329  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  330  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
  331  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
  332  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  333  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  334  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  335  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  336  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  337  825.103(2)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
  338  827.03(2)(c)                     3rd     Abuse of a child.         
  339  827.03(2)(d)                     3rd     Neglect of a child.       
  340  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  341  836.05                           2nd     Threats; extortion.       
  342  836.10                           2nd     Written threats to kill or do bodily injury.
  343  843.12                           3rd     Aids or assists person to escape.
  344  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  345  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  346  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  347  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  348  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.
  349  944.40                           2nd     Escapes.                  
  350  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  351  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  352  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
  353         (g) LEVEL 7
  354  
  355  FloridaStatute               FelonyDegree       Description        
  356  316.027(2)(c)(1)(b)              1st     Accident involving death, failure to stop; leaving scene.
  357  316.193(3)(c)2.                  3rd     DUI resulting in serious bodily injury.
  358  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.
  359  327.35(3)(c)2.                   3rd     Vessel BUI resulting in serious bodily injury.
  360  402.319(2)                       2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  361  409.920 (2)(b)1.a.               3rd     Medicaid provider fraud; $10,000 or less.
  362  409.920 (2)(b)1.b.               2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
  363  456.065(2)                       3rd     Practicing a health care profession without a license.
  364  456.065(2)                       2nd     Practicing a health care profession without a license which results in serious bodily injury.
  365  458.327(1)                       3rd     Practicing medicine without a license.
  366  459.013(1)                       3rd     Practicing osteopathic medicine without a license.
  367  460.411(1)                       3rd     Practicing chiropractic medicine without a license.
  368  461.012(1)                       3rd     Practicing podiatric medicine without a license.
  369  462.17                           3rd     Practicing naturopathy without a license.
  370  463.015(1)                       3rd     Practicing optometry without a license.
  371  464.016(1)                       3rd     Practicing nursing without a license.
  372  465.015(2)                       3rd     Practicing pharmacy without a license.
  373  466.026(1)                       3rd     Practicing dentistry or dental hygiene without a license.
  374  467.201                          3rd     Practicing midwifery without a license.
  375  468.366                          3rd     Delivering respiratory care services without a license.
  376  483.828(1)                       3rd     Practicing as clinical laboratory personnel without a license.
  377  483.901(9)                       3rd     Practicing medical physics without a license.
  378  484.013(1)(c)                    3rd     Preparing or dispensing optical devices without a prescription.
  379  484.053                          3rd     Dispensing hearing aids without a license.
  380  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.
  381  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.
  382  560.125(5)(a)                    3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  383  655.50(10)(b)1.                  3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  384  775.21(10)(a)                    3rd     Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  385  775.21(10)(b)                    3rd     Sexual predator working where children regularly congregate.
  386  775.21(10)(g)                    3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  387  782.051(3)                       2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  388  782.07(1)                        2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  389  782.071                          2nd     Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  390  782.072                          2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  391  784.045(1)(a)1.                  2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
  392  784.045(1)(a)2.                  2nd     Aggravated battery; using deadly weapon.
  393  784.045(1)(b)                    2nd     Aggravated battery; perpetrator aware victim pregnant.
  394  784.048(4)                       3rd     Aggravated stalking; violation of injunction or court order.
  395  784.048(7)                       3rd     Aggravated stalking; violation of court order.
  396  784.07(2)(d)                     1st     Aggravated battery on law enforcement officer.
  397  784.074(1)(a)                    1st     Aggravated battery on sexually violent predators facility staff.
  398  784.08(2)(a)                     1st     Aggravated battery on a person 65 years of age or older.
  399  784.081(1)                       1st     Aggravated battery on specified official or employee.
  400  784.082(1)                       1st     Aggravated battery by detained person on visitor or other detainee.
  401  784.083(1)                       1st     Aggravated battery on code inspector.
  402  787.06(3)(a)                     1st     Human trafficking using coercion for labor and services.
  403  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.
  404  790.07(4)                        1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  405  790.16(1)                        1st     Discharge of a machine gun under specified circumstances.
  406  790.165(2)                       2nd     Manufacture, sell, possess, or deliver hoax bomb.
  407  790.165(3)                       2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  408  790.166(3)                       2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  409  790.166(4)                       2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  410  790.23                         1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  411  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.
  412  796.03                           2nd     Procuring any person under 16 years of age for prostitution.
  413  800.04(5)(c)1.                   2nd     Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years of age.
  414  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.
  415  806.01(2)                        2nd     Maliciously damage structure by fire or explosive.
  416  810.02(3)(a)                     2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  417  810.02(3)(b)                     2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  418  810.02(3)(d)                     2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  419  810.02(3)(e)                     2nd     Burglary of authorized emergency vehicle.
  420  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.
  421  812.014(2)(b)2.                  2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  422  812.014(2)(b)3.                  2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  423  812.014(2)(b)4.                  2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  424  812.0145(2)(a)                   1st     Theft from person 65 years of age or older; $50,000 or more.
  425  812.019(2)                       1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  426  812.131(2)(a)                    2nd     Robbery by sudden snatching.
  427  812.133(2)(b)                    1st     Carjacking; no firearm, deadly weapon, or other weapon.
  428  817.034(4)(a)1.                  1st     Communications fraud, value greater than $50,000.
  429  817.234(8)(a)                    2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  430  817.234(9)                       2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  431  817.234(11)(c)                   1st     Insurance fraud; property value $100,000 or more.
  432  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.
  433  817.535(2)(a)                    3rd     Filing false lien or other unauthorized document.
  434  825.102(3)(b)                    2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  435  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.
  436  827.03(2)(b)                     2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  437  827.04(3)                        3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  438  837.05(2)                        3rd     Giving false information about alleged capital felony to a law enforcement officer.
  439  838.015                          2nd     Bribery.                  
  440  838.016                          2nd     Unlawful compensation or reward for official behavior.
  441  838.021(3)(a)                    2nd     Unlawful harm to a public servant.
  442  838.22                           2nd     Bid tampering.            
  443  843.0855(2)                      3rd     Impersonation of a public officer or employee.
  444  843.0855(3)                      3rd     Unlawful simulation of legal process.
  445  843.0855(4)                      3rd     Intimidation of a public officer or employee.
  446  847.0135(3)                      3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  447  847.0135(4)                      2nd     Traveling to meet a minor to commit an unlawful sex act.
  448  872.06                           2nd     Abuse of a dead human body.
  449  874.05(2)(b)                     1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  450  874.10                         1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  451  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.
  452  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.
  453  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).
  454  893.135(1)(a)1.                  1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  455  893.135 (1)(b)1.a.               1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  456  893.135 (1)(c)1.a.               1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  457  893.135(1)(d)1.                  1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  458  893.135(1)(e)1.                  1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  459  893.135(1)(f)1.                  1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  460  893.135 (1)(g)1.a.               1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  461  893.135 (1)(h)1.a.               1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  462  893.135 (1)(j)1.a.               1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  463  893.135 (1)(k)2.a.               1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  464  893.1351(2)                      2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  465  896.101(5)(a)                    3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  466  896.104(4)(a)1.                  3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  467  943.0435(4)(c)                   2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  468  943.0435(8)                      2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  469  943.0435(9)(a)                   3rd     Sexual offender; failure to comply with reporting requirements.
  470  943.0435(13)                     3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  471  943.0435(14)                     3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  472  944.607(9)                       3rd     Sexual offender; failure to comply with reporting requirements.
  473  944.607(10)(a)                   3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  474  944.607(12)                      3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  475  944.607(13)                      3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  476  985.4815(10)                     3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  477  985.4815(12)                     3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  478  985.4815(13)                     3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  479         Section 7. This act shall take effect July 1, 2014.