Florida Senate - 2017                       CS for CS for SB 788
       
       
        
       By the Committees on Appropriations; and Criminal Justice; and
       Senator Clemens
       
       
       
       
       576-03497-17                                           2017788c2
    1                        A bill to be entitled                      
    2         An act relating to marketing practices for substance
    3         abuse services; amending s. 16.56, F.S.; authorizing
    4         the Office of Statewide Prosecution in the Department
    5         of Legal Affairs to investigate and prosecute patient
    6         brokering offenses; amending 397.321, F.S.; requiring
    7         the Department of Children and Families to ensure that
    8         substance abuse service provider personnel providing
    9         direct clinical treatment services are certified
   10         through a department-recognized certification process;
   11         exempting specified licensed individuals from
   12         certification; amending s. 397.407, F.S.; revising the
   13         requirements for the referral of patients to, and the
   14         acceptance of referrals from, a recovery residence;
   15         specifying that certain referrals are not prohibited;
   16         providing applicability; clarifying that such
   17         referrals are not required; amending s. 397.501, F.S.;
   18         providing that an application for the disclosure of an
   19         individual’s records may be filed as part of an active
   20         criminal investigation; authorizing a court to approve
   21         an application for the disclosure of an individual’s
   22         substance abuse treatment records without providing
   23         express notice of the application to the individual or
   24         identified parties with an interest in the records if
   25         the application is filed as part of an active criminal
   26         investigation; providing that upon implementation of
   27         the order granting such application, the individual
   28         and identified parties with an interest in the records
   29         must be afforded an opportunity to seek revocation or
   30         amendment of that order; creating s. 397.488, F.S.;
   31         providing legislative findings; prohibiting service
   32         providers, operators of recovery residences, and
   33         certain third parties from engaging in specified
   34         marketing practices; providing penalties; creating s.
   35         817.0345, F.S.; prohibiting a person from knowingly
   36         and willfully making specified false or misleading
   37         statements or providing specified false or misleading
   38         information under certain circumstances; providing
   39         penalties; amending s. 817.505, F.S.; providing that
   40         it is unlawful for a person to offer or pay, or
   41         solicit or receive, benefits under certain
   42         circumstances; providing fines and penalties; amending
   43         s. 895.02, F.S.; revising the definition of the term
   44         “racketeering activity”; amending s. 921.0022, F.S.;
   45         ranking offenses; providing an appropriation;
   46         providing an effective date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Paragraph (a) of subsection (1) of section
   51  16.56, Florida Statutes, is amended to read:
   52         16.56 Office of Statewide Prosecution.—
   53         (1) There is created in the Department of Legal Affairs an
   54  Office of Statewide Prosecution. The office shall be a separate
   55  “budget entity” as that term is defined in chapter 216. The
   56  office may:
   57         (a) Investigate and prosecute the offenses of:
   58         1. Bribery, burglary, criminal usury, extortion, gambling,
   59  kidnapping, larceny, murder, prostitution, perjury, robbery,
   60  carjacking, and home-invasion robbery, and patient brokering;
   61         2. Any crime involving narcotic or other dangerous drugs;
   62         3. Any violation of the Florida RICO (Racketeer Influenced
   63  and Corrupt Organization) Act, including any offense listed in
   64  the definition of racketeering activity in s. 895.02(8)(a),
   65  providing such listed offense is investigated in connection with
   66  a violation of s. 895.03 and is charged in a separate count of
   67  an information or indictment containing a count charging a
   68  violation of s. 895.03, the prosecution of which listed offense
   69  may continue independently if the prosecution of the violation
   70  of s. 895.03 is terminated for any reason;
   71         4. Any violation of the Florida Anti-Fencing Act;
   72         5. Any violation of the Florida Antitrust Act of 1980, as
   73  amended;
   74         6. Any crime involving, or resulting in, fraud or deceit
   75  upon any person;
   76         7. Any violation of s. 847.0135, relating to computer
   77  pornography and child exploitation prevention, or any offense
   78  related to a violation of s. 847.0135 or any violation of
   79  chapter 827 where the crime is facilitated by or connected to
   80  the use of the Internet or any device capable of electronic data
   81  storage or transmission;
   82         8. Any violation of chapter 815;
   83         9. Any criminal violation of part I of chapter 499;
   84         10. Any violation of the Florida Motor Fuel Tax Relief Act
   85  of 2004;
   86         11. Any criminal violation of s. 409.920 or s. 409.9201;
   87         12. Any crime involving voter registration, voting, or
   88  candidate or issue petition activities;
   89         13. Any criminal violation of the Florida Money Laundering
   90  Act;
   91         14. Any criminal violation of the Florida Securities and
   92  Investor Protection Act; or
   93         15. Any violation of chapter 787, as well as any and all
   94  offenses related to a violation of chapter 787;
   95  
   96  or any attempt, solicitation, or conspiracy to commit any of the
   97  crimes specifically enumerated above. The office shall have such
   98  power only when any such offense is occurring, or has occurred,
   99  in two or more judicial circuits as part of a related
  100  transaction, or when any such offense is connected with an
  101  organized criminal conspiracy affecting two or more judicial
  102  circuits. Informations or indictments charging such offenses
  103  shall contain general allegations stating the judicial circuits
  104  and counties in which crimes are alleged to have occurred or the
  105  judicial circuits and counties in which crimes affecting such
  106  circuits or counties are alleged to have been connected with an
  107  organized criminal conspiracy.
  108         Section 2. Subsection (21) of section 397.321, Florida
  109  Statutes, is added to read:
  110         397.321 Duties of the department.—The department shall:
  111         (21) Ensure that substance abuse service provider personnel
  112  who provide direct clinical treatment services as defined in s.
  113  397.311(25)(a) are certified through a department-recognized
  114  certification process. A physician or a physician assistant
  115  licensed under chapter 458 or chapter 459; a professional
  116  licensed under chapter 490 or chapter 491; or an advanced
  117  registered nurse practitioner licensed under part I of chapter
  118  464 is exempt from the requirements of this subsection.
  119         Section 3. Subsection (11) of section 397.407, Florida
  120  Statutes, is amended to read:
  121         397.407 Licensure process; fees.—
  122         (11) Effective July 1, 2017 2016, a service provider
  123  licensed under this part may not refer a prospective, current,
  124  or discharged patient to, or accept a referral from, a recovery
  125  residence unless the recovery residence holds a valid
  126  certificate of compliance as provided in s. 397.487 and is
  127  actively managed by a certified recovery residence administrator
  128  as provided in s. 397.4871 or the recovery residence is owned
  129  and operated by a licensed service provider or a licensed
  130  service provider’s wholly owned subsidiary. For purposes of this
  131  subsection, the term “refer” means to inform a patient by any
  132  means about the name, address, or other details of the recovery
  133  residence. However, this subsection does not require a licensed
  134  service provider to refer any patient to a recovery residence.
  135  This subsection does not require a recovery residence to refer
  136  any patient to a licensed service provider. This subsection does
  137  not prohibit a referral by a recovery residence to a licensed
  138  service provider when the recovery residence, including its
  139  owners, operators, and employees, do not benefit, directly or
  140  indirectly, from the referral, and does not apply to a licensed
  141  service provider under contract with a managing entity as
  142  defined in s. 394.9082.
  143         Section 4. Paragraphs (g) and (h) of subsection (7) of
  144  section 397.501, Florida Statutes, are amended to read:
  145         397.501 Rights of individuals.—Individuals receiving
  146  substance abuse services from any service provider are
  147  guaranteed protection of the rights specified in this section,
  148  unless otherwise expressly provided, and service providers must
  149  ensure the protection of such rights.
  150         (7) RIGHT TO CONFIDENTIALITY OF INDIVIDUAL RECORDS.—
  151         (g) An order authorizing the disclosure of an individual’s
  152  records may be applied for by any person having a legally
  153  recognized interest in the disclosure which is sought. The
  154  application may be filed alone separately or as part of a
  155  pending civil action or an active criminal investigation in
  156  which it appears that the individual’s records are needed to
  157  provide evidence. An application must use a fictitious name,
  158  such as John Doe or Jane Doe, to refer to any individual and may
  159  not contain or otherwise disclose any identifying information
  160  unless the individual is the applicant or has given a written
  161  consent to disclosure or the court has ordered the record of the
  162  proceeding sealed from public scrutiny.
  163         (h)1. For applications filed alone or as part of a pending
  164  civil action, the individual and the person holding the records
  165  from whom disclosure is sought must be given adequate notice in
  166  a manner which will not disclose identifying information to
  167  other persons, and an opportunity to file a written response to
  168  the application, or to appear in person, for the limited purpose
  169  of providing evidence on the statutory and regulatory criteria
  170  for the issuance of the court order.
  171         2. Applications filed as part of an active criminal
  172  investigation may, in the discretion of the court, be granted
  173  without notice. Although no express notice is required to the
  174  agents, owners, and employees of the treatment provider or to
  175  any patient whose records are to be disclosed, upon
  176  implementation of an order so granted, any of these persons must
  177  be afforded an opportunity to seek revocation or amendment of
  178  the order, limited to the presentation of evidence on the
  179  statutory and regulatory criteria for the issuance of the order.
  180         Section 5. Section 397.488, Florida Statutes, is created to
  181  read:
  182         397.488 Prohibition of deceptive marketing practices.—
  183         (1) The Legislature recognizes that consumers of substance
  184  abuse treatment have disabling conditions and that such
  185  consumers and their families are vulnerable and at risk of being
  186  easily victimized by fraudulent marketing practices that
  187  adversely impact the delivery of health care. To protect the
  188  health, safety, and welfare of this vulnerable population, a
  189  service provider, an operator of a recovery residence, or a
  190  third party who provides any form of advertising or marketing
  191  services to a service provider or an operator of a recovery
  192  residence may not engage in any of the following marketing
  193  practices:
  194         (a) Making a false or misleading statement or providing
  195  false or misleading information about the provider’s or
  196  operator’s or third party’s products, goods, services, or
  197  geographical locations in its marketing, advertising materials,
  198  or media or on its website.
  199         (b) Including on its website false information, electronic
  200  links, or coding or activation that provides false information
  201  or that surreptitiously directs the reader to another website.
  202         (c) Soliciting, receiving, or making an attempt to solicit
  203  or receive a commission, benefit, bonus, rebate, kickback, or
  204  bribe, directly or indirectly, in cash or in kind, or engaging
  205  or making an attempt to engage in a split-fee arrangement in
  206  return for a referral or an acceptance or acknowledgment of
  207  treatment from a service provider or recovery residence.
  208         (d)Entering into a contract with a marketing provider who
  209  agrees to generate referrals or leads for the placement of
  210  patients with a service provider or in a recovery residence
  211  through a call center or a web-based presence, unless the
  212  service provider or the operator of the recovery residence
  213  discloses the following to the prospective patient so that the
  214  patient can make an informed health care decision:
  215         1. Information about the specific licensed service
  216  providers or recovery residences that are represented by the
  217  marketing provider and pay a fee to the marketing provider,
  218  including the identity of such service providers or recovery
  219  residences; and
  220         2. Clear and concise instructions that allow the
  221  prospective patient to easily access lists of licensed service
  222  providers and recovery residences on the department website.
  223         (2) In addition to any other punishment authorized by law,
  224  a person or entity that knowingly and willfully violates
  225  paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) commits
  226  a misdemeanor of the first degree, punishable as provided in s.
  227  775.083 or s. 775.089. A violation of paragraph (1)(c) is a
  228  violation of the prohibition on patient brokering and may
  229  subject the party committing the violation to criminal penalties
  230  under s. 817.505.
  231         Section 6. Section 817.0345, Florida Statutes, is created
  232  to read:
  233         817.0345 Prohibition of fraudulent marketing practices.—It
  234  is unlawful for any person to knowingly and willfully make a
  235  materially false or misleading statement or provide false or
  236  misleading information about the identity, products, goods,
  237  services, or geographical location of a licensed service
  238  provider, as defined in chapter 397, in marketing, advertising
  239  materials, or other media or on a website with the intent to
  240  induce another person to seek treatment with that service
  241  provider. A person who violates this section commits a felony of
  242  the third degree, punishable as provided in s. 775.082, s.
  243  775.083, or s. 775.084.
  244         Section 7. Subsections (1) and (4) of section 817.505,
  245  Florida Statutes, are amended to read:
  246         817.505 Patient brokering prohibited; exceptions;
  247  penalties.—
  248         (1) It is unlawful for any person, including any health
  249  care provider or health care facility, to:
  250         (a) Offer or pay a any commission, benefit, bonus, rebate,
  251  kickback, or bribe, directly or indirectly, in cash or in kind,
  252  or engage in any split-fee arrangement, in any form whatsoever,
  253  to induce the referral of a patient patients or patronage to or
  254  from a health care provider or health care facility;
  255         (b) Solicit or receive a any commission, benefit, bonus,
  256  rebate, kickback, or bribe, directly or indirectly, in cash or
  257  in kind, or engage in any split-fee arrangement, in any form
  258  whatsoever, in return for referring a patient patients or
  259  patronage to or from a health care provider or health care
  260  facility;
  261         (c) Solicit or receive a any commission, benefit, bonus,
  262  rebate, kickback, or bribe, directly or indirectly, in cash or
  263  in kind, or engage in any split-fee arrangement, in any form
  264  whatsoever, in return for the acceptance or acknowledgment of
  265  treatment from a health care provider or health care facility;
  266  or
  267         (d) Aid, abet, advise, or otherwise participate in the
  268  conduct prohibited under paragraph (a), paragraph (b), or
  269  paragraph (c).
  270         (4)(a) Any person, including an officer, partner, agent,
  271  attorney, or other representative of a firm, joint venture,
  272  partnership, business trust, syndicate, corporation, or other
  273  business entity, who violates any provision of this section
  274  commits a felony of the third degree, punishable as provided in
  275  s. 775.082, s. 775.083, or s. 775.084, and a fine of $50,000.
  276         (b) Any person, including an officer, partner, agent,
  277  attorney, or other representative of a firm, joint venture,
  278  partnership, business trust, syndicate, corporation, or other
  279  business entity, who violates any provision of this section,
  280  where the prohibited conduct involves 10 or more patients but
  281  fewer than 20 patients, commits a felony of the second degree,
  282  punishable as provided in s. 775.082 or s. 775.084, and a fine
  283  of $100,000.
  284         (c) Any person, including an officer, partner, agent,
  285  attorney, or other representative of a firm, joint venture,
  286  partnership, business trust, syndicate, corporation, or other
  287  business entity, who violates any provision of this section,
  288  where the prohibited conduct involves 20 or more patients,
  289  commits a felony of the first degree, punishable as provided in
  290  s. 775.082 or s. 775.084, and a fine of $500,000.
  291         Section 8. Paragraph (a) of subsection (8) of section
  292  895.02, Florida Statutes, is amended to read:
  293         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
  294         (8) “Racketeering activity” means to commit, to attempt to
  295  commit, to conspire to commit, or to solicit, coerce, or
  296  intimidate another person to commit:
  297         (a) Any crime that is chargeable by petition, indictment,
  298  or information under the following provisions of the Florida
  299  Statutes:
  300         1. Section 210.18, relating to evasion of payment of
  301  cigarette taxes.
  302         2. Section 316.1935, relating to fleeing or attempting to
  303  elude a law enforcement officer and aggravated fleeing or
  304  eluding.
  305         3. Section 403.727(3)(b), relating to environmental
  306  control.
  307         4. Section 409.920 or s. 409.9201, relating to Medicaid
  308  fraud.
  309         5. Section 414.39, relating to public assistance fraud.
  310         6. Section 440.105 or s. 440.106, relating to workers’
  311  compensation.
  312         7. Section 443.071(4), relating to creation of a fictitious
  313  employer scheme to commit reemployment assistance fraud.
  314         8. Section 465.0161, relating to distribution of medicinal
  315  drugs without a permit as an Internet pharmacy.
  316         9. Section 499.0051, relating to crimes involving
  317  contraband, adulterated, or misbranded drugs.
  318         10. Part IV of chapter 501, relating to telemarketing.
  319         11. Chapter 517, relating to sale of securities and
  320  investor protection.
  321         12. Section 550.235 or s. 550.3551, relating to dogracing
  322  and horseracing.
  323         13. Chapter 550, relating to jai alai frontons.
  324         14. Section 551.109, relating to slot machine gaming.
  325         15. Chapter 552, relating to the manufacture, distribution,
  326  and use of explosives.
  327         16. Chapter 560, relating to money transmitters, if the
  328  violation is punishable as a felony.
  329         17. Chapter 562, relating to beverage law enforcement.
  330         18. Section 624.401, relating to transacting insurance
  331  without a certificate of authority, s. 624.437(4)(c)1., relating
  332  to operating an unauthorized multiple-employer welfare
  333  arrangement, or s. 626.902(1)(b), relating to representing or
  334  aiding an unauthorized insurer.
  335         19. Section 655.50, relating to reports of currency
  336  transactions, when such violation is punishable as a felony.
  337         20. Chapter 687, relating to interest and usurious
  338  practices.
  339         21. Section 721.08, s. 721.09, or s. 721.13, relating to
  340  real estate timeshare plans.
  341         22. Section 775.13(5)(b), relating to registration of
  342  persons found to have committed any offense for the purpose of
  343  benefiting, promoting, or furthering the interests of a criminal
  344  gang.
  345         23. Section 777.03, relating to commission of crimes by
  346  accessories after the fact.
  347         24. Chapter 782, relating to homicide.
  348         25. Chapter 784, relating to assault and battery.
  349         26. Chapter 787, relating to kidnapping or human
  350  trafficking.
  351         27. Chapter 790, relating to weapons and firearms.
  352         28. Chapter 794, relating to sexual battery, but only if
  353  such crime was committed with the intent to benefit, promote, or
  354  further the interests of a criminal gang, or for the purpose of
  355  increasing a criminal gang member’s own standing or position
  356  within a criminal gang.
  357         29. Former s. 796.03, former s. 796.035, s. 796.04, s.
  358  796.05, or s. 796.07, relating to prostitution.
  359         30. Chapter 806, relating to arson and criminal mischief.
  360         31. Chapter 810, relating to burglary and trespass.
  361         32. Chapter 812, relating to theft, robbery, and related
  362  crimes.
  363         33. Chapter 815, relating to computer-related crimes.
  364         34. Chapter 817, relating to fraudulent practices, false
  365  pretenses, fraud generally, and credit card crimes, and patient
  366  brokering.
  367         35. Chapter 825, relating to abuse, neglect, or
  368  exploitation of an elderly person or disabled adult.
  369         36. Section 827.071, relating to commercial sexual
  370  exploitation of children.
  371         37. Section 828.122, relating to fighting or baiting
  372  animals.
  373         38. Chapter 831, relating to forgery and counterfeiting.
  374         39. Chapter 832, relating to issuance of worthless checks
  375  and drafts.
  376         40. Section 836.05, relating to extortion.
  377         41. Chapter 837, relating to perjury.
  378         42. Chapter 838, relating to bribery and misuse of public
  379  office.
  380         43. Chapter 843, relating to obstruction of justice.
  381         44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  382  s. 847.07, relating to obscene literature and profanity.
  383         45. Chapter 849, relating to gambling, lottery, gambling or
  384  gaming devices, slot machines, or any of the provisions within
  385  that chapter.
  386         46. Chapter 874, relating to criminal gangs.
  387         47. Chapter 893, relating to drug abuse prevention and
  388  control.
  389         48. Chapter 896, relating to offenses related to financial
  390  transactions.
  391         49. Sections 914.22 and 914.23, relating to tampering with
  392  or harassing a witness, victim, or informant, and retaliation
  393  against a witness, victim, or informant.
  394         50. Sections 918.12 and 918.13, relating to tampering with
  395  jurors and evidence.
  396         Section 9. Paragraphs (c), (d), (f), and (h) of subsection
  397  (3) of section 921.0022, Florida Statutes, are amended to read:
  398         921.0022 Criminal Punishment Code; offense severity ranking
  399  chart.—
  400         (3) OFFENSE SEVERITY RANKING CHART
  401         (c) LEVEL 3
  402  
  403  FloridaStatute           FelonyDegree         Description          
  404  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  405  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  406  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  407  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  408  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  409  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  410  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  411  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  412  327.35(2)(b)                 3rd     Felony BUI.                   
  413  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  414  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  415  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  416  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  417  379.2431 (1)(e)6.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  418  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  419  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  420  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  421  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  422  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  423  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  424  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  425  697.08                       3rd     Equity skimming.              
  426  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  427  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  428  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  429  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  430  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  431  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  432  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
  433  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  434  817.233                      3rd     Burning to defraud insurer.   
  435  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  436  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  437  817.236                      3rd     Filing a false motor vehicle insurance application.
  438  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  439  817.413(2)                   3rd     Sale of used goods as new.    
  440  817.505(4)                   3rd     Patient brokering.            
  441  828.12(2)                    3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  442  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  443  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  444  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  445  843.19                       3rd     Injure, disable, or kill police dog or horse.
  446  860.15(3)                    3rd     Overcharging for repairs and parts.
  447  870.01(2)                    3rd     Riot; inciting or encouraging.
  448  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  449  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
  450  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
  451  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  452  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  453  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  454  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  455  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  456  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  457  893.13(8)(a)1.               3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  458  893.13(8)(a)2.               3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  459  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  460  893.13(8)(a)4.               3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  461  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  462  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  463  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  464  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  465  
  466         (d) LEVEL 4
  467  
  468  FloridaStatute              FelonyDegree        Description        
  469  316.1935(3)(a)                   2nd     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.
  470  499.0051(1)                      3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  471  499.0051(5)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  472  517.07(1)                        3rd     Failure to register securities.
  473  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
  474  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
  475  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
  476  784.075                          3rd     Battery on detention or commitment facility staff.
  477  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  478  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
  479  784.081(3)                       3rd     Battery on specified official or employee.
  480  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
  481  784.083(3)                       3rd     Battery on code inspector.
  482  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  483  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
  484  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  485  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  486  787.07                           3rd     Human smuggling.          
  487  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  488  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  489  790.115(2)(c)                    3rd     Possessing firearm on school property.
  490  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
  491  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  492  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  493  810.06                           3rd     Burglary; possession of tools.
  494  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
  495  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  496  812.014 (2)(c)4.-10.             3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  497  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  498  817.505(4)(a)                    3rd     Patient brokering.        
  499  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  500  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
  501  817.625(2)(a)                    3rd     Fraudulent use of scanning device or reencoder.
  502  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  503  837.02(1)                        3rd     Perjury in official proceedings.
  504  837.021(1)                       3rd     Make contradictory statements in official proceedings.
  505  838.022                          3rd     Official misconduct.      
  506  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
  507  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
  508  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
  509  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  510  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  511  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  512  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
  513  893.13(2)(a)1.                   2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
  514  914.14(2)                        3rd     Witnesses accepting bribes.
  515  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
  516  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  517  918.12                           3rd     Tampering with jurors.    
  518  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
  519  
  520         (f) LEVEL 6
  521  
  522  FloridaStatute              FelonyDegree        Description        
  523  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  524  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  525  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  526  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  527  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  528  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  529  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  530  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  531  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  532  784.041                          3rd     Felony battery; domestic battery by strangulation.
  533  784.048(3)                       3rd     Aggravated stalking; credible threat.
  534  784.048(5)                       3rd     Aggravated stalking of person under 16.
  535  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  536  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  537  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  538  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  539  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  540  784.083(2)                       2nd     Aggravated assault on code inspector.
  541  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  542  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  543  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  544  790.164(1)                       2nd     False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
  545  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  546  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  547  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  548  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.
  549  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  550  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  551  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  552  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  553  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  554  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  555  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
  556  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
  557  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  558  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  559  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
  560  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  561  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  562  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  563  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  564  827.03(2)(c)                     3rd     Abuse of a child.         
  565  827.03(2)(d)                     3rd     Neglect of a child.       
  566  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  567  836.05                           2nd     Threats; extortion.       
  568  836.10                           2nd     Written threats to kill or do bodily injury.
  569  843.12                           3rd     Aids or assists person to escape.
  570  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  571  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  572  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  573  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  574  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.
  575  944.40                           2nd     Escapes.                  
  576  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  577  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  578  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
  579  
  580         (h) LEVEL 8
  581  
  582  FloridaStatute            FelonyDegree         Description         
  583  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
  584  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
  585  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
  586  499.0051(7)                    1st     Knowing trafficking in contraband prescription drugs.
  587  499.0051(8)                    1st     Knowing forgery of prescription labels or prescription drug labels.
  588  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.
  589  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.
  590  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  591  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
  592  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.
  593  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  594  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
  595  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
  596  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
  597  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
  598  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
  599  787.06(3)(e)1.                 1st     Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
  600  787.06(3)(f)2.                 1st     Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
  601  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
  602  794.011(5)(a)                  1st     Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
  603  794.011(5)(b)                  2nd     Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
  604  794.011(5)(c)                  2nd     Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
  605  794.011(5)(d)                  1st     Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
  606  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  607  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
  608  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
  609  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  610  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
  611  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
  612  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  613  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  614  812.13(2)(b)                   1st     Robbery with a weapon.      
  615  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  616  817.505(4)(c)                  1st     Patient brokering; 20 or more patients.
  617  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
  618  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
  619  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  620  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.
  621  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
  622  817.611(2)(c)                  1st     Traffic in or possess 50 or more counterfeit credit cards or related documents.
  623  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
  624  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
  625  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
  626  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
  627  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  628  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  629  860.16                         1st     Aircraft piracy.            
  630  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).
  631  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  632  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  633  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  634  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
  635  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  636  893.135 (1)(c)2.c.             1st     Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
  637  893.135 (1)(c)3.c.             1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
  638  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  639  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  640  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  641  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  642  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  643  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  644  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  645  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
  646  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
  647  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  648  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
  649  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  650  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.
  651         Section 10. For the 2017-2018 fiscal year, the sum of
  652  $194,120 in recurring funds is appropriated from the Operating
  653  Trust Fund in the Department of Legal Affairs, and two full-time
  654  equivalent positions, with associated salary rate of 130,000,
  655  are authorized, for the purpose of implementing this act.
  656         Section 11. This act shall take effect July 1, 2017.