Florida Senate - 2021                                    SB 1260
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-00656B-21                                           20211260__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         782.04, F.S.; revising the elements that constitute
    4         the capital offense of murder in the first degree;
    5         defining the term “substantial factor”; creating s.
    6         784.051, F.S.; defining terms; providing criminal
    7         penalties for persons who unlawfully distribute,
    8         deliver, sell, or dispense controlled substances that
    9         are proven to be the proximate cause of, or a
   10         contributing factor in, the injury or overdose of a
   11         user of such substances; providing criminal penalties
   12         for persons 18 years of age or older who violate
   13         certain provisions when it involves specified
   14         controlled substances; providing enhanced criminal
   15         penalties for second or subsequent convictions of such
   16         offenses; authorizing the prosecution of persons who
   17         unlawfully distribute, deliver, sell, or dispense
   18         controlled substances to another when that other
   19         person redistributes, redelivers, resells, or
   20         dispenses such substances to a user who is injured;
   21         providing circumstances under which there is prima
   22         facie evidence of injury or overdose; amending s.
   23         893.13, F.S.; prohibiting specified activities
   24         involving controlled substances within 1,000 feet of
   25         additional specified facilities; providing criminal
   26         penalties; amending s. 921.0022, F.S.; listing
   27         specified felonies on levels 6, 7, and 8 of the
   28         offense severity ranking chart of the Criminal
   29         Punishment Code; providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (a) of subsection (1) of section
   34  782.04, Florida Statutes, is amended to read:
   35         782.04 Murder.—
   36         (1)(a) The unlawful killing of a human being:
   37         1. When perpetrated from a premeditated design to effect
   38  the death of the person killed or any human being;
   39         2. When committed by a person engaged in the perpetration
   40  of, or in the attempt to perpetrate, any:
   41         a. Trafficking offense prohibited by s. 893.135(1),
   42         b. Arson,
   43         c. Sexual battery,
   44         d. Robbery,
   45         e. Burglary,
   46         f. Kidnapping,
   47         g. Escape,
   48         h. Aggravated child abuse,
   49         i. Aggravated abuse of an elderly person or disabled adult,
   50         j. Aircraft piracy,
   51         k. Unlawful throwing, placing, or discharging of a
   52  destructive device or bomb,
   53         l. Carjacking,
   54         m. Home-invasion robbery,
   55         n. Aggravated stalking,
   56         o. Murder of another human being,
   57         p. Resisting an officer with violence to his or her person,
   58         q. Aggravated fleeing or eluding with serious bodily injury
   59  or death,
   60         r. Felony that is an act of terrorism or is in furtherance
   61  of an act of terrorism, including a felony under s. 775.30, s.
   62  775.32, s. 775.33, s. 775.34, or s. 775.35, or
   63         s. Human trafficking; or
   64         3. Which resulted from the unlawful distribution by a
   65  person 18 years of age or older of any of the following
   66  substances, or mixture containing any of the following
   67  substances, when such substance or mixture is proven to have
   68  caused, or is proven to have been a substantial factor in
   69  producing, be the proximate cause of the death of the user:
   70         a. A substance controlled under s. 893.03(1);
   71         b. Cocaine, as described in s. 893.03(2)(a)4.;
   72         c. Opium or any synthetic or natural salt, compound,
   73  derivative, or preparation of opium;
   74         d. Methadone;
   75         e. Alfentanil, as described in s. 893.03(2)(b)1.;
   76         f. Carfentanil, as described in s. 893.03(2)(b)6.;
   77         g. Fentanyl, as described in s. 893.03(2)(b)9.;
   78         h. Sufentanil, as described in s. 893.03(2)(b)30.; or
   79         i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
   80         j. A controlled substance analog, as described in s.
   81  893.0356, of any substance specified in sub-subparagraphs a.-i.
   82  sub-subparagraphs a.-h.,
   83  
   84  is murder in the first degree and constitutes a capital felony,
   85  punishable as provided in s. 775.082. As used in this paragraph,
   86  the term “substantial factor” means the substance alone is
   87  sufficient to cause the death, whether or not any other
   88  substance or substances are also sufficient to cause the death.
   89         Section 2. Section 784.051, Florida Statutes, is created to
   90  read:
   91         784.051Culpable negligence resulting in injury or
   92  overdose.—
   93         (1)As used in this section, the term:
   94         (a)“Emergency opioid antagonist” has the same meaning as
   95  in s. 381.887.
   96         (b)Injury” or “overdose” means drug toxicity or the
   97  temporary loss of locomotor activity, motor coordination, or
   98  consciousness or cognitive impairment.
   99         (c)“Medical care” means the provision of treatment for the
  100  purpose of preserving or sustaining life or the administration
  101  of an emergency opioid antagonist.
  102         (2)Except as provided in subsection (3), a person who,
  103  through the unlawful distribution, delivery, sale, or dispensing
  104  of a controlled substance described in s. 893.03 or of a mixture
  105  containing a controlled substance described in s. 893.03, causes
  106  injury or overdose to a user of such controlled substance or
  107  mixture, if such substance or mixture is proven to be the
  108  proximate cause of or a contributing factor to the injury or
  109  overdose, commits a felony of the third degree, punishable as
  110  provided in s. 775.082, s. 775.083, or s. 775.084.
  111         (3)A person 18 years of age or older who violates
  112  subsection (2) commits a felony of the second degree, punishable
  113  as provided in s. 775.082, s. 775.083, or s. 775.084, if the
  114  controlled substance or mixture containing a controlled
  115  substance is:
  116         (a) A substance controlled under s. 893.03(1);
  117         (b) Cocaine, as described in s. 893.03(2)(a)4.;
  118         (c) Opium or any synthetic or natural salt, compound,
  119  derivative, or preparation of opium;
  120         (d) Methadone;
  121         (e)Alfentanil, as described in s. 893.03(2)(b)1.;
  122         (f)Carfentanil, as described in s. 893.03(2)(b)6.;
  123         (g) Fentanyl, as described in s. 893.03(2)(b)9.;
  124         (h)Sufentanil, as described in s. 893.03(2)(b)30.;
  125         (i)Methamphetamine, as described in s. 893.03(2)(c)5.; or
  126         (j)A controlled substance analog, as described in s.
  127  893.0356, of any substance specified in sub-subparagraphs a.-i.
  128         (4)(a)A person who commits a violation of subsection (2)
  129  and who has previously been convicted of a violation of
  130  subsection (2) or subsection (3) commits a felony of the second
  131  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  132  775.084.
  133         (b)A person who commits a violation of subsection (3) and
  134  who has previously been convicted of a violation of subsection
  135  (2) or subsection (3) commits a felony of the first degree,
  136  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  137         (5)If a person unlawfully distributes, delivers, sells, or
  138  dispenses a controlled substance described in s. 893.03 or a
  139  mixture containing a controlled substance described in s. 893.03
  140  to another person and that other person unlawfully distributes,
  141  delivers, sells, or dispenses such substance or mixture to a
  142  user in violation of subsection (2) or subsection (3), the
  143  person who initially unlawfully distributed, delivered, sold, or
  144  dispensed such substance or mixture is as culpable for any
  145  injury or overdose to the user caused by the substance or
  146  mixture as the person who provided the substance or mixture
  147  directly to the user and may be prosecuted under this section.
  148         (6)The provision of medical care by an emergency
  149  responder, including, but not limited to, a law enforcement
  150  officer, a paramedic, or an emergency medical technician, or the
  151  administration of an emergency opioid antagonist by an emergency
  152  responder is prima facie evidence that the person receiving
  153  medical care was injured or overdosed.
  154         Section 3. Paragraph (h) of subsection (1) of section
  155  893.13, Florida Statutes, is amended to read:
  156         893.13 Prohibited acts; penalties.—
  157         (1)
  158         (h) Except as authorized by this chapter, a person may not
  159  sell, manufacture, or deliver, or possess with intent to sell,
  160  manufacture, or deliver, a controlled substance in, on, or
  161  within 1,000 feet of the real property comprising a mental
  162  health care facility, as that term is used in chapter 394; a
  163  health care facility licensed under chapter 395 which provides
  164  substance abuse treatment; a substance abuse facility licensed
  165  under chapter 397; a facility providing a service as described
  166  in s. 397.311(26); a recovery residence as defined in s.
  167  397.311; an assisted living facility, as that term is used in
  168  chapter 429; or a pain management clinic as defined in s.
  169  458.3265 or s. 459.0137. A person who violates this paragraph
  170  with respect to:
  171         1. A controlled substance named or described in s.
  172  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  173  commits a felony of the first degree, punishable as provided in
  174  s. 775.082, s. 775.083, or s. 775.084.
  175         2. A controlled substance named or described in s.
  176  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  177  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  178  the second degree, punishable as provided in s. 775.082, s.
  179  775.083, or s. 775.084.
  180         3. Any other controlled substance, except as lawfully sold,
  181  manufactured, or delivered, must be sentenced to pay a $500 fine
  182  and to serve 100 hours of public service in addition to any
  183  other penalty prescribed by law.
  184         Section 4. Paragraphs (f), (g), and (h) of subsection (3)
  185  of section 921.0022, Florida Statutes, are amended to read:
  186         921.0022 Criminal Punishment Code; offense severity ranking
  187  chart.—
  188         (3) OFFENSE SEVERITY RANKING CHART
  189         (f) LEVEL 6
  190  
  191  FloridaStatute              FelonyDegree        Description        
  192  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  193  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  194  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  195  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  196  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  197  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  198  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  199  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  200  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  201  784.041                          3rd     Felony battery; domestic battery by strangulation.
  202  784.048(3)                       3rd     Aggravated stalking; credible threat.
  203  784.048(5)                       3rd     Aggravated stalking of person under 16.
  204  784.051(2)                       3rd     Causing injury or overdose to user of controlled substance.
  205  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  206  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  207  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  208  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  209  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  210  784.083(2)                       2nd     Aggravated assault on code inspector.
  211  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  212  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  213  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  214  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.
  215  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  216  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  217  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  218  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.
  219  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  220  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  221  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  222  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  223  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  224  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  225  812.015(9)(a)                    2nd     Retail theft; property stolen $750 or more; second or subsequent conviction.
  226  812.015(9)(b)                    2nd     Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  227  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  228  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  229  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
  230  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  231  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  232  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  233  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  234  827.03(2)(c)                     3rd     Abuse of a child.         
  235  827.03(2)(d)                     3rd     Neglect of a child.       
  236  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  237  836.05                           2nd     Threats; extortion.       
  238  836.10                           2nd     Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  239  843.12                           3rd     Aids or assists person to escape.
  240  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  241  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  242  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  243  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  244  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.
  245  944.40                           2nd     Escapes.                  
  246  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  247  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  248  951.22(1)(i)                     3rd     Firearm or weapon introduced into county detention facility.
  249         (g) LEVEL 7
  250  
  251  FloridaStatute           FelonyDegree         Description         
  252  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
  253  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
  254  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.
  255  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
  256  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  257  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
  258  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
  259  456.065(2)                    3rd     Practicing a health care profession without a license.
  260  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
  261  458.327(1)                    3rd     Practicing medicine without a license.
  262  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
  263  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
  264  461.012(1)                    3rd     Practicing podiatric medicine without a license.
  265  462.17                        3rd     Practicing naturopathy without a license.
  266  463.015(1)                    3rd     Practicing optometry without a license.
  267  464.016(1)                    3rd     Practicing nursing without a license.
  268  465.015(2)                    3rd     Practicing pharmacy without a license.
  269  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
  270  467.201                       3rd     Practicing midwifery without a license.
  271  468.366                       3rd     Delivering respiratory care services without a license.
  272  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
  273  483.901(7)                    3rd     Practicing medical physics without a license.
  274  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
  275  484.053                       3rd     Dispensing hearing aids without a license.
  276  494.0018(2)                   1st     Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
  277  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.
  278  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  279  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  280  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
  281  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
  282  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  283  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  284  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  285  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  286  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  287  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
  288  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
  289  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
  290  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
  291  784.048(7)                    3rd     Aggravated stalking; violation of court order.
  292  784.051(3)                    2nd     Causing injury or overdose to user through certain controlled substances.
  293  784.051(4)(a)                 2nd     Causing injury or overdose to user through specified controlled substances with certain prior conviction.
  294  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
  295  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
  296  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
  297  784.081(1)                    1st     Aggravated battery on specified official or employee.
  298  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
  299  784.083(1)                    1st     Aggravated battery on code inspector.
  300  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
  301  787.06(3)(e)2.                1st     Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
  302  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  303  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
  304  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
  305  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  306  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  307  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  308  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  309  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.
  310  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
  311  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
  312  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
  313  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
  314  800.04(5)(e)                  1st     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
  315  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
  316  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  317  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  318  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  319  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
  320  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.
  321  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  322  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  323  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  324  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
  325  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  326  812.131(2)(a)                 2nd     Robbery by sudden snatching.
  327  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
  328  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
  329  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  330  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  331  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
  332  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.
  333  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
  334  817.611(2)(b)                 2nd     Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
  335  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  336  825.103(3)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
  337  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  338  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  339  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
  340  838.015                       2nd     Bribery.                    
  341  838.016                       2nd     Unlawful compensation or reward for official behavior.
  342  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
  343  838.22                        2nd     Bid tampering.              
  344  843.0855(2)                   3rd     Impersonation of a public officer or employee.
  345  843.0855(3)                   3rd     Unlawful simulation of legal process.
  346  843.0855(4)                   3rd     Intimidation of a public officer or employee.
  347  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  348  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
  349  872.06                        2nd     Abuse of a dead human body. 
  350  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  351  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  352  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)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  353  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)5., within 1,000 feet of property used for religious services or a specified business site.
  354  893.13(4)(a)                  1st     Use or hire of minor; deliver to minor other controlled substance.
  355  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  356  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  357  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  358  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  359  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
  360  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  361  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  362  893.135(1)(c)4.b.(I)          1st     Trafficking in fentanyl, 4 grams or more, less than 14 grams.
  363  893.135 (1)(d)1.a.            1st     Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
  364  893.135(1)(e)1.               1st     Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
  365  893.135(1)(f)1.               1st     Trafficking in amphetamine, 14 grams or more, less than 28 grams.
  366  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  367  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  368  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  369  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  370  893.135 (1)(m)2.a.            1st     Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
  371  893.135 (1)(m)2.b.            1st     Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
  372  893.135 (1)(n)2.a.            1st     Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
  373  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  374  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  375  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  376  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  377  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  378  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
  379  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  380  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  381  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
  382  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  383  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  384  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  385  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  386  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  387  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  388         (h) LEVEL 8
  389  
  390  FloridaStatute            FelonyDegree         Description         
  391  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
  392  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
  393  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
  394  499.0051(6)                    1st     Knowing trafficking in contraband prescription drugs.
  395  499.0051(7)                    1st     Knowing forgery of prescription labels or prescription drug labels.
  396  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.
  397  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.
  398  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  399  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
  400  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.
  401  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  402  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
  403  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
  404  784.051(4)(b)                  1st     Causing injury or overdose to user through specified controlled substances with certain prior conviction.
  405  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
  406  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
  407  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
  408  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.
  409  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.
  410  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
  411  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.
  412  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.
  413  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.
  414  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.
  415  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  416  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
  417  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
  418  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  419  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
  420  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
  421  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  422  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  423  812.13(2)(b)                   1st     Robbery with a weapon.      
  424  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  425  817.505(4)(c)                  1st     Patient brokering; 20 or more patients.
  426  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
  427  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
  428  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  429  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.
  430  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
  431  817.611(2)(c)                  1st     Traffic in or possess 50 or more counterfeit credit cards or related documents.
  432  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
  433  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
  434  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
  435  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
  436  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  437  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  438  860.16                         1st     Aircraft piracy.            
  439  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).
  440  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  441  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  442  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  443  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
  444  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  445  893.135 (1)(c)2.c.             1st     Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
  446  893.135 (1)(c)3.c.             1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
  447  893.135 (1)(c)4.b.(II)         1st     Trafficking in fentanyl, 14 grams or more, less than 28 grams.
  448  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
  449  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
  450  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, 28 grams or more, less than 200 grams.
  451  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  452  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  453  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  454  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  455  893.135 (1)(m)2.c.             1st     Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
  456  893.135 (1)(n)2.b.             1st     Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
  457  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
  458  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
  459  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  460  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
  461  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  462  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.
  463         Section 5. This act shall take effect October 1, 2021.