Florida Senate - 2021                                    SB 1498
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-01493-21                                           20211498__
    1                        A bill to be entitled                      
    2         An act relating to renaming the Criminal Punishment
    3         Code; amending ss. 775.082, 775.087, 782.051, 817.568,
    4         893.13, 910.035, 921.0022, 921.0023, 921.0024,
    5         921.0025, 921.0026, 921.0027, 924.06, 924.07, 944.17,
    6         948.01, 948.015, 948.06, 948.20, 948.51, 958.04, and
    7         985.465, F.S.; renaming the Criminal Punishment Code
    8         as the Criminal Public Safety Code; amending s.
    9         921.002, F.S.; revising a principle of the Criminal
   10         Public Safety Code; conforming provisions to changes
   11         made by the act; amending s. 893.20, F.S.; conforming
   12         a provision to changes made by the act; making a
   13         technical change; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraphs (d) and (e) of subsection (8) of
   18  section 775.082, Florida Statutes, are amended to read:
   19         775.082 Penalties; applicability of sentencing structures;
   20  mandatory minimum sentences for certain reoffenders previously
   21  released from prison.—
   22         (8)
   23         (d) The Criminal Public Safety Punishment Code applies to
   24  all felonies, except capital felonies, committed on or after
   25  October 1, 1998. Any revision to the Criminal Public Safety
   26  Punishment Code applies to sentencing for all felonies, except
   27  capital felonies, committed on or after the effective date of
   28  the revision.
   29         (e) Felonies, except capital felonies, with continuing
   30  dates of enterprise shall be sentenced under the sentencing
   31  guidelines or the Criminal Public Safety Punishment Code in
   32  effect on the beginning date of the criminal activity.
   33         Section 2. Paragraph (c) of subsection (2) and paragraph
   34  (c) of subsection (3) of section 775.087, Florida Statutes, are
   35  amended to read:
   36         775.087 Possession or use of weapon; aggravated battery;
   37  felony reclassification; minimum sentence.—
   38         (2)
   39         (c) If the minimum mandatory terms of imprisonment imposed
   40  pursuant to this section exceed the maximum sentences authorized
   41  by s. 775.082, s. 775.084, or the Criminal Public Safety
   42  Punishment Code under chapter 921, then the mandatory minimum
   43  sentence must be imposed. If the mandatory minimum terms of
   44  imprisonment pursuant to this section are less than the
   45  sentences that could be imposed as authorized by s. 775.082, s.
   46  775.084, or the Criminal Public Safety Punishment Code under
   47  chapter 921, then the sentence imposed by the court must include
   48  the mandatory minimum term of imprisonment as required in this
   49  section.
   50         (3)
   51         (c) If the minimum mandatory terms of imprisonment imposed
   52  pursuant to this section exceed the maximum sentences authorized
   53  by s. 775.082, s. 775.084, or the Criminal Public Safety
   54  Punishment Code under chapter 921, then the mandatory minimum
   55  sentence must be imposed. If the mandatory minimum terms of
   56  imprisonment pursuant to this section are less than the
   57  sentences that could be imposed as authorized by s. 775.082, s.
   58  775.084, or the Criminal Public Safety Punishment Code under
   59  chapter 921, then the sentence imposed by the court must include
   60  the mandatory minimum term of imprisonment as required in this
   61  section.
   62         Section 3. Section 782.051, Florida Statutes, is amended to
   63  read:
   64         782.051 Attempted felony murder.—
   65         (1) Any person who perpetrates or attempts to perpetrate
   66  any felony enumerated in s. 782.04(3) and who commits, aids, or
   67  abets an intentional act that is not an essential element of the
   68  felony and that could, but does not, cause the death of another
   69  commits a felony of the first degree, punishable by imprisonment
   70  for a term of years not exceeding life, or as provided in s.
   71  775.082, s. 775.083, or s. 775.084, which is an offense ranked
   72  in level 9 of the Criminal Public Safety Punishment Code. Victim
   73  injury points shall be scored under this subsection.
   74         (2) Any person who perpetrates or attempts to perpetrate
   75  any felony other than a felony enumerated in s. 782.04(3) and
   76  who commits, aids, or abets an intentional act that is not an
   77  essential element of the felony and that could, but does not,
   78  cause the death of another commits a felony of the first degree,
   79  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   80  which is an offense ranked in level 8 of the Criminal Public
   81  Safety Punishment Code. Victim injury points shall be scored
   82  under this subsection.
   83         (3) When a person is injured during the perpetration of or
   84  the attempt to perpetrate any felony enumerated in s. 782.04(3)
   85  by a person other than the person engaged in the perpetration of
   86  or the attempt to perpetrate such felony, the person
   87  perpetrating or attempting to perpetrate such felony commits a
   88  felony of the second degree, punishable as provided in s.
   89  775.082, s. 775.083, or s. 775.084, which is an offense ranked
   90  in level 7 of the Criminal Public Safety Punishment Code. Victim
   91  injury points shall be scored under this subsection.
   92         Section 4. Subsection (3) of section 817.568, Florida
   93  Statutes, is amended to read:
   94         817.568 Criminal use of personal identification
   95  information.—
   96         (3) Neither paragraph (2)(b) nor paragraph (2)(c) prevents
   97  a court from imposing a greater sentence of incarceration as
   98  authorized by law. If the minimum mandatory terms of
   99  imprisonment imposed under paragraph (2)(b) or paragraph (2)(c)
  100  exceed the maximum sentences authorized under s. 775.082, s.
  101  775.084, or the Criminal Public Safety Punishment Code under
  102  chapter 921, the mandatory minimum sentence must be imposed. If
  103  the mandatory minimum terms of imprisonment under paragraph
  104  (2)(b) or paragraph (2)(c) are less than the sentence that could
  105  be imposed under s. 775.082, s. 775.084, or the Criminal Public
  106  Safety Punishment Code under chapter 921, the sentence imposed
  107  by the court must include the mandatory minimum term of
  108  imprisonment as required by paragraph (2)(b) or paragraph
  109  (2)(c).
  110         Section 5. Paragraph (d) of subsection (8) of section
  111  893.13, Florida Statutes, is amended to read:
  112         893.13 Prohibited acts; penalties.—
  113         (8)
  114         (d) Notwithstanding paragraph (c), if a prescribing
  115  practitioner has violated paragraph (a) and received $1,000 or
  116  more in payment for writing one or more prescriptions or, in the
  117  case of a prescription written for a controlled substance
  118  described in s. 893.135, has written one or more prescriptions
  119  for a quantity of a controlled substance which, individually or
  120  in the aggregate, meets the threshold for the offense of
  121  trafficking in a controlled substance under s. 893.135, the
  122  violation is reclassified as a felony of the second degree and
  123  ranked in level 4 of the Criminal Public Safety Punishment Code.
  124         Section 6. Paragraph (f) of subsection (5) of section
  125  910.035, Florida Statutes, is amended to read:
  126         910.035 Transfer from county for plea, sentence, or
  127  participation in a problem-solving court.—
  128         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
  129         (f) Upon successful completion of the problem-solving court
  130  program, the jurisdiction to which the case has been transferred
  131  shall dispose of the case. If the defendant does not complete
  132  the problem-solving court program successfully, the jurisdiction
  133  to which the case has been transferred shall dispose of the case
  134  within the guidelines of the Criminal Public Safety Punishment
  135  Code.
  136         Section 7. Section 921.0022, Florida Statutes, is amended
  137  to read:
  138         921.0022 Criminal Public Safety Punishment Code; offense
  139  severity ranking chart.—
  140         (1) The offense severity ranking chart must be used with
  141  the Criminal Public Safety Punishment Code worksheet to compute
  142  a sentence score for each felony offender whose offense was
  143  committed on or after October 1, 1998.
  144         (2) The offense severity ranking chart has 10 offense
  145  levels, ranked from least severe, which are level 1 offenses, to
  146  most severe, which are level 10 offenses, and each felony
  147  offense is assigned to a level according to the severity of the
  148  offense. For purposes of determining which felony offenses are
  149  specifically listed in the offense severity ranking chart and
  150  which severity level has been assigned to each of these
  151  offenses, the numerical statutory references in the left column
  152  of the chart and the felony degree designations in the middle
  153  column of the chart are controlling; the language in the right
  154  column of the chart is provided solely for descriptive purposes.
  155  Reclassification of the degree of the felony through the
  156  application of s. 775.0845, s. 775.085, s. 775.0861, s.
  157  775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, or
  158  any other law that provides an enhanced penalty for a felony
  159  offense, to any offense listed in the offense severity ranking
  160  chart in this section shall not cause the offense to become
  161  unlisted and is not subject to the provisions of s. 921.0023.
  162         (3) OFFENSE SEVERITY RANKING CHART
  163         (a) LEVEL 1
  164  
  165  FloridaStatute          FelonyDegree          Description          
  166  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
  167  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
  168  212.15(2)(b)                3rd     Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
  169  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
  170  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
  171  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
  172  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
  173  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  174  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
  175  322.212(5)(a)               3rd     False application for driver license or identification card.
  176  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  177  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
  178  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value $1,000 or more.
  179  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
  180  713.69                      3rd     Tenant removes property upon which lien has accrued, value $1,000 or more.
  181  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  182  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
  183  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
  184  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
  185  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
  186  826.01                      3rd     Bigamy.                        
  187  828.122(3)                  3rd     Fighting or baiting animals.   
  188  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  189  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  190  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
  191  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
  192  838.15(2)                   3rd     Commercial bribe receiving.    
  193  838.16                      3rd     Commercial bribery.            
  194  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
  195  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  196  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  197  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
  198  849.25(2)                   3rd     Engaging in bookmaking.        
  199  860.08                      3rd     Interfere with a railroad signal.
  200  860.13(1)(a)                3rd     Operate aircraft while under the influence.
  201  893.13(2)(a)2.              3rd     Purchase of cannabis.          
  202  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
  203  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
  204         (b) LEVEL 2
  205  
  206  FloridaStatute             FelonyDegree        Description        
  207  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  208  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  209  403.413(6)(c)                  3rd     Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
  210  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
  211  590.28(1)                      3rd     Intentional burning of lands.
  212  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  213  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  214  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  215  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  216  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
  217  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $750 or more but less than $5,000.
  218  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
  219  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  220  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
  221  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  222  817.52(3)                      3rd     Failure to redeliver hired vehicle.
  223  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  224  817.60(5)                      3rd     Dealing in credit cards of another.
  225  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
  226  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  227  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
  228  831.01                         3rd     Forgery.                   
  229  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  230  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
  231  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  232  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  233  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  234  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
  235  843.08                         3rd     False personation.         
  236  893.13(2)(a)2.                 3rd     Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
  237  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
  238         (c) LEVEL 3
  239  
  240  FloridaStatute           FelonyDegree         Description          
  241  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  242  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  243  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  244  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  245  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  246  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  247  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  248  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  249  327.35(2)(b)                 3rd     Felony BUI.                   
  250  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  251  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  252  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  253  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.
  254  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
  255  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  256  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  257  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  258  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  259  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  260  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  261  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  262  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  263  697.08                       3rd     Equity skimming.              
  264  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  265  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  266  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  267  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  268  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  269  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  270  812.015(8)(b)                3rd     Retail theft with intent to sell; conspires with others.
  271  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
  272  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  273  817.233                      3rd     Burning to defraud insurer.   
  274  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  275  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  276  817.236                      3rd     Filing a false motor vehicle insurance application.
  277  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  278  817.413(2)                   3rd     Sale of used goods of $1,000 or more as new.
  279  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
  280  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  281  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  282  843.19                       2nd     Injure, disable, or kill police, fire, or SAR canine or police horse.
  283  860.15(3)                    3rd     Overcharging for repairs and parts.
  284  870.01(2)                    3rd     Riot; inciting or encouraging.
  285  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
  286  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
  287  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
  288  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  289  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  290  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  291  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  292  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  293  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  294  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.
  295  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.
  296  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  297  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.
  298  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  299  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  300  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  301  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  302         (d) LEVEL 4
  303  
  304  FloridaStatute             FelonyDegree        Description        
  305  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.
  306  499.0051(1)                    3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  307  499.0051(5)                    2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  308  517.07(1)                      3rd     Failure to register securities.
  309  517.12(1)                      3rd     Failure of dealer, associated person, or issuer of securities to register.
  310  784.07(2)(b)                   3rd     Battery of law enforcement officer, firefighter, etc.
  311  784.074(1)(c)                  3rd     Battery of sexually violent predators facility staff.
  312  784.075                        3rd     Battery on detention or commitment facility staff.
  313  784.078                        3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  314  784.08(2)(c)                   3rd     Battery on a person 65 years of age or older.
  315  784.081(3)                     3rd     Battery on specified official or employee.
  316  784.082(3)                     3rd     Battery by detained person on visitor or other detainee.
  317  784.083(3)                     3rd     Battery on code inspector. 
  318  784.085                        3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  319  787.03(1)                      3rd     Interference with custody; wrongly takes minor from appointed guardian.
  320  787.04(2)                      3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  321  787.04(3)                      3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  322  787.07                         3rd     Human smuggling.           
  323  790.115(1)                     3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  324  790.115(2)(b)                  3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  325  790.115(2)(c)                  3rd     Possessing firearm on school property.
  326  800.04(7)(c)                   3rd     Lewd or lascivious exhibition; offender less than 18 years.
  327  810.02(4)(a)                   3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  328  810.02(4)(b)                   3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  329  810.06                         3rd     Burglary; possession of tools.
  330  810.08(2)(c)                   3rd     Trespass on property, armed with firearm or dangerous weapon.
  331  812.014(2)(c)3.                3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  332  812.014 (2)(c)4.-10.           3rd     Grand theft, 3rd degree; specified items.
  333  812.0195(2)                    3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  334  817.505(4)(a)                  3rd     Patient brokering.         
  335  817.563(1)                     3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  336  817.568(2)(a)                  3rd     Fraudulent use of personal identification information.
  337  817.625(2)(a)                  3rd     Fraudulent use of scanning device, skimming device, or reencoder.
  338  817.625(2)(c)                  3rd     Possess, sell, or deliver skimming device.
  339  828.125(1)                     2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  340  837.02(1)                      3rd     Perjury in official proceedings.
  341  837.021(1)                     3rd     Make contradictory statements in official proceedings.
  342  838.022                        3rd     Official misconduct.       
  343  839.13(2)(a)                   3rd     Falsifying records of an individual in the care and custody of a state agency.
  344  839.13(2)(c)                   3rd     Falsifying records of the Department of Children and Families.
  345  843.021                        3rd     Possession of a concealed handcuff key by a person in custody.
  346  843.025                        3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  347  843.15(1)(a)                   3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  348  847.0135(5)(c)                 3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  349  874.05(1)(a)                   3rd     Encouraging or recruiting another to join a criminal gang.
  350  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)5. drugs).
  351  914.14(2)                      3rd     Witnesses accepting bribes.
  352  914.22(1)                      3rd     Force, threaten, etc., witness, victim, or informant.
  353  914.23(2)                      3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  354  916.1085 (2)(c)1.              3rd     Introduction of specified contraband into certain DCF facilities.
  355  918.12                         3rd     Tampering with jurors.     
  356  934.215                        3rd     Use of two-way communications device to facilitate commission of a crime.
  357  944.47(1)(a)6.                 3rd     Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  358  951.22(1)(h),(j) & (k)         3rd     Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
  359         (e) LEVEL 5
  360  
  361  FloridaStatute             FelonyDegree        Description        
  362  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  363  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  364  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  365  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  366  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  367  379.365(2)(c)1.                3rd     Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  368  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  369  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  370  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  371  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  372  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  373  440.381(2)                     3rd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  374  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  375  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  376  790.01(2)                      3rd     Carrying a concealed firearm.
  377  790.162                        2nd     Threat to throw or discharge destructive device.
  378  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  379  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  380  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  381  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  382  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  383  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  384  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  385  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  386  812.015 (8)(a) & (c)-(e)       3rd     Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  387  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  388  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  389  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  390  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  391  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  392  817.2341(1), (2)(a) & (3)(a)    3rd     Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  393  817.568(2)(b)                  2nd     Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
  394  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  395  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  396  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  397  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  398  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  399  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  400  839.13(2)(b)                   2nd     Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  401  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  402  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  403  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  404  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  405  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  406  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  407  893.13(1)(a)1.                 2nd     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
  408  893.13(1)(c)2.                 2nd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  409  893.13(1)(d)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
  410  893.13(1)(e)2.                 2nd     Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  411  893.13(1)(f)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
  412  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  413  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  414         (f) LEVEL 6
  415  
  416  FloridaStatute              FelonyDegree        Description        
  417  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  418  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  419  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  420  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  421  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  422  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  423  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  424  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  425  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  426  784.041                          3rd     Felony battery; domestic battery by strangulation.
  427  784.048(3)                       3rd     Aggravated stalking; credible threat.
  428  784.048(5)                       3rd     Aggravated stalking of person under 16.
  429  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  430  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  431  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  432  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  433  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  434  784.083(2)                       2nd     Aggravated assault on code inspector.
  435  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  436  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  437  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  438  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.
  439  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  440  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  441  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  442  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.
  443  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  444  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  445  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  446  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  447  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  448  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  449  812.015(9)(a)                    2nd     Retail theft; property stolen $750 or more; second or subsequent conviction.
  450  812.015(9)(b)                    2nd     Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  451  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  452  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  453  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
  454  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  455  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  456  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  457  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  458  827.03(2)(c)                     3rd     Abuse of a child.         
  459  827.03(2)(d)                     3rd     Neglect of a child.       
  460  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  461  836.05                           2nd     Threats; extortion.       
  462  836.10                           2nd     Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  463  843.12                           3rd     Aids or assists person to escape.
  464  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  465  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  466  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  467  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  468  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.
  469  944.40                           2nd     Escapes.                  
  470  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  471  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  472  951.22(1)(i)                     3rd     Firearm or weapon introduced into county detention facility.
  473         (g) LEVEL 7
  474  
  475  FloridaStatute           FelonyDegree         Description         
  476  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
  477  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
  478  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.
  479  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
  480  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  481  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
  482  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
  483  456.065(2)                    3rd     Practicing a health care profession without a license.
  484  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
  485  458.327(1)                    3rd     Practicing medicine without a license.
  486  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
  487  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
  488  461.012(1)                    3rd     Practicing podiatric medicine without a license.
  489  462.17                        3rd     Practicing naturopathy without a license.
  490  463.015(1)                    3rd     Practicing optometry without a license.
  491  464.016(1)                    3rd     Practicing nursing without a license.
  492  465.015(2)                    3rd     Practicing pharmacy without a license.
  493  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
  494  467.201                       3rd     Practicing midwifery without a license.
  495  468.366                       3rd     Delivering respiratory care services without a license.
  496  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
  497  483.901(7)                    3rd     Practicing medical physics without a license.
  498  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
  499  484.053                       3rd     Dispensing hearing aids without a license.
  500  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.
  501  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.
  502  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  503  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  504  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
  505  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
  506  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  507  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  508  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  509  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  510  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  511  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
  512  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
  513  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
  514  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
  515  784.048(7)                    3rd     Aggravated stalking; violation of court order.
  516  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
  517  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
  518  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
  519  784.081(1)                    1st     Aggravated battery on specified official or employee.
  520  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
  521  784.083(1)                    1st     Aggravated battery on code inspector.
  522  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
  523  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.
  524  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  525  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
  526  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
  527  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  528  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  529  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  530  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  531  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.
  532  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
  533  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
  534  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
  535  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.
  536  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.
  537  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
  538  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  539  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  540  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  541  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
  542  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.
  543  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  544  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  545  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  546  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
  547  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  548  812.131(2)(a)                 2nd     Robbery by sudden snatching.
  549  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
  550  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
  551  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  552  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  553  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
  554  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.
  555  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
  556  817.611(2)(b)                 2nd     Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
  557  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  558  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.
  559  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  560  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  561  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
  562  838.015                       2nd     Bribery.                    
  563  838.016                       2nd     Unlawful compensation or reward for official behavior.
  564  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
  565  838.22                        2nd     Bid tampering.              
  566  843.0855(2)                   3rd     Impersonation of a public officer or employee.
  567  843.0855(3)                   3rd     Unlawful simulation of legal process.
  568  843.0855(4)                   3rd     Intimidation of a public officer or employee.
  569  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  570  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
  571  872.06                        2nd     Abuse of a dead human body. 
  572  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  573  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  574  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.
  575  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.
  576  893.13(4)(a)                  1st     Use or hire of minor; deliver to minor other controlled substance.
  577  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  578  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  579  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  580  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  581  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
  582  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  583  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  584  893.135 (1)(c)4.b.(I)         1st     Trafficking in fentanyl, 4 grams or more, less than 14 grams.
  585  893.135 (1)(d)1.a.            1st     Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
  586  893.135(1)(e)1.               1st     Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
  587  893.135(1)(f)1.               1st     Trafficking in amphetamine, 14 grams or more, less than 28 grams.
  588  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  589  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  590  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  591  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  592  893.135 (1)(m)2.a.            1st     Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
  593  893.135 (1)(m)2.b.            1st     Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
  594  893.135 (1)(n)2.a.            1st     Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
  595  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  596  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  597  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  598  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  599  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  600  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
  601  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  602  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  603  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
  604  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  605  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  606  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  607  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  608  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  609  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  610         (h) LEVEL 8
  611  
  612  FloridaStatute            FelonyDegree         Description         
  613  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
  614  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
  615  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
  616  499.0051(6)                    1st     Knowing trafficking in contraband prescription drugs.
  617  499.0051(7)                    1st     Knowing forgery of prescription labels or prescription drug labels.
  618  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.
  619  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.
  620  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  621  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
  622  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.
  623  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  624  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
  625  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
  626  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
  627  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
  628  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
  629  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.
  630  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.
  631  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
  632  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.
  633  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.
  634  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.
  635  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.
  636  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  637  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
  638  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
  639  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  640  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
  641  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
  642  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  643  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  644  812.13(2)(b)                   1st     Robbery with a weapon.      
  645  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  646  817.505(4)(c)                  1st     Patient brokering; 20 or more patients.
  647  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
  648  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
  649  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  650  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.
  651  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
  652  817.611(2)(c)                  1st     Traffic in or possess 50 or more counterfeit credit cards or related documents.
  653  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
  654  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
  655  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
  656  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
  657  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  658  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  659  860.16                         1st     Aircraft piracy.            
  660  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).
  661  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  662  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  663  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  664  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
  665  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  666  893.135 (1)(c)2.c.             1st     Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
  667  893.135 (1)(c)3.c.             1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
  668  893.135 (1)(c)4.b.(II)         1st     Trafficking in fentanyl, 14 grams or more, less than 28 grams.
  669  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
  670  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
  671  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, 28 grams or more, less than 200 grams.
  672  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  673  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  674  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  675  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  676  893.135 (1)(m)2.c.             1st     Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
  677  893.135 (1)(n)2.b.             1st     Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
  678  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
  679  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
  680  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  681  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
  682  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  683  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.
  684         (i) LEVEL 9
  685  
  686  FloridaStatute            FelonyDegree         Description         
  687  316.193 (3)(c)3.b.             1st     DUI manslaughter; failing to render aid or give information.
  688  327.35 (3)(c)3.b.              1st     BUI manslaughter; failing to render aid or give information.
  689  409.920 (2)(b)1.c.             1st     Medicaid provider fraud; $50,000 or more.
  690  499.0051(8)                    1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  691  560.123(8)(b)3.                1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  692  560.125(5)(c)                  1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  693  655.50(10)(b)3.                1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  694  775.0844                       1st     Aggravated white collar crime.
  695  782.04(1)                      1st     Attempt, conspire, or solicit to commit premeditated murder.
  696  782.04(3)                    1st,PBL   Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
  697  782.051(1)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  698  782.07(2)                      1st     Aggravated manslaughter of an elderly person or disabled adult.
  699  787.01(1)(a)1.               1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
  700  787.01(1)(a)2.               1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
  701  787.01(1)(a)4.               1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
  702  787.02(3)(a)                 1st,PBL   False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  703  787.06(3)(c)1.                 1st     Human trafficking for labor and services of an unauthorized alien child.
  704  787.06(3)(d)                   1st     Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
  705  787.06(3)(f)1.               1st,PBL   Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
  706  790.161                        1st     Attempted capital destructive device offense.
  707  790.166(2)                   1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
  708  794.011(2)                     1st     Attempted sexual battery; victim less than 12 years of age.
  709  794.011(2)                    Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  710  794.011(4)(a)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
  711  794.011(4)(b)                  1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
  712  794.011(4)(c)                  1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
  713  794.011(4)(d)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
  714  794.011(8)(b)                1st,PBL   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  715  794.08(2)                      1st     Female genital mutilation; victim younger than 18 years of age.
  716  800.04(5)(b)                  Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  717  812.13(2)(a)                 1st,PBL   Robbery with firearm or other deadly weapon.
  718  812.133(2)(a)                1st,PBL   Carjacking; firearm or other deadly weapon.
  719  812.135(2)(b)                  1st     Home-invasion robbery with weapon.
  720  817.535(3)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
  721  817.535(4)(a)2.                1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
  722  817.535(5)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
  723  817.568(7)                   2nd,PBL   Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
  724  827.03(2)(a)                   1st     Aggravated child abuse.     
  725  847.0145(1)                    1st     Selling, or otherwise transferring custody or control, of a minor.
  726  847.0145(2)                    1st     Purchasing, or otherwise obtaining custody or control, of a minor.
  727  859.01                         1st     Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
  728  893.135                        1st     Attempted capital trafficking offense.
  729  893.135(1)(a)3.                1st     Trafficking in cannabis, more than 10,000 lbs.
  730  893.135 (1)(b)1.c.             1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  731  893.135 (1)(c)1.c.             1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  732  893.135 (1)(c)2.d.             1st     Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms.
  733  893.135 (1)(c)3.d.             1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
  734  893.135 (1)(c)4.b.(III)        1st     Trafficking in fentanyl, 28 grams or more.
  735  893.135 (1)(d)1.c.             1st     Trafficking in phencyclidine, 400 grams or more.
  736  893.135 (1)(e)1.c.             1st     Trafficking in methaqualone, 25 kilograms or more.
  737  893.135 (1)(f)1.c.             1st     Trafficking in amphetamine, 200 grams or more.
  738  893.135 (1)(h)1.c.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  739  893.135 (1)(j)1.c.             1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
  740  893.135 (1)(k)2.c.             1st     Trafficking in Phenethylamines, 400 grams or more.
  741  893.135 (1)(m)2.d.             1st     Trafficking in synthetic cannabinoids, 30 kilograms or more.
  742  893.135 (1)(n)2.c.             1st     Trafficking in n-benzyl phenethylamines, 200 grams or more.
  743  896.101(5)(c)                  1st     Money laundering, financial instruments totaling or exceeding $100,000.
  744  896.104(4)(a)3.                1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  745         (j) LEVEL 10
  746  
  747  FloridaStatute             FelonyDegree         Description        
  748  499.0051(9)                    1st      Knowing sale or purchase of contraband prescription drugs resulting in death.
  749  782.04(2)                    1st,PBL    Unlawful killing of human; act is homicide, unpremeditated.
  750  782.07(3)                      1st      Aggravated manslaughter of a child.
  751  787.01(1)(a)3.               1st,PBL    Kidnapping; inflict bodily harm upon or terrorize victim.
  752  787.01(3)(a)                   Life     Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  753  787.06(3)(g)                   Life     Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person.
  754  787.06(4)(a)                   Life     Selling or buying of minors into human trafficking.
  755  794.011(3)                     Life     Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
  756  812.135(2)(a)                1st,PBL    Home-invasion robbery with firearm or other deadly weapon.
  757  876.32                         1st      Treason against the state. 
  758         Section 8. Section 921.0023, Florida Statutes, is amended
  759  to read:
  760         921.0023 Criminal Public Safety Punishment Code; ranking
  761  unlisted felony offenses.—A felony offense committed on or after
  762  October 1, 1998, that is not listed in s. 921.0022 is ranked
  763  with respect to offense severity level by the Legislature,
  764  commensurate with the harm or potential harm that is caused by
  765  the offense to the community. Until the Legislature specifically
  766  assigns an offense to a severity level in the offense severity
  767  ranking chart, the severity level is within the following
  768  parameters:
  769         (1) A felony of the third degree within offense level 1.
  770         (2) A felony of the second degree within offense level 4.
  771         (3) A felony of the first degree within offense level 7.
  772         (4) A felony of the first degree punishable by life within
  773  offense level 9.
  774         (5) A life felony within offense level 10.
  775         Section 9. Section 921.0024, Florida Statutes, is amended
  776  to read:
  777         921.0024 Criminal Public Safety Punishment Code; worksheet
  778  computations; scoresheets.—
  779         (1)(a) The Criminal Public Safety Punishment Code worksheet
  780  is used to compute the subtotal and total sentence points as
  781  follows:
  782  
  783           FLORIDA Criminal Public Safety Punishment Code          
  784                              WORKSHEET                            
  785  
  786                            OFFENSE SCORE                          
  787  
  788                            Primary Offense                          
  789  Level               Sentence Points                            Total
  790  10                        116            =                  ........
  791  9                         92             =                  ........
  792  8                         74             =                  ........
  793  7                         56             =                  ........
  794  6                         36             =                  ........
  795  5                         28             =                  ........
  796  4                         22             =                  ........
  797  3                         16             =                  ........
  798  2                         10             =                  ........
  799  1                          4             =                  ........
  800  
  801                                                             Total   
  802  
  803                          Additional Offenses                        
  804  Level        Sentence Points           Counts                Total
  805  10                  58          x       ....       =          ....
  806  9                   46          x       ....       =          ....
  807  8                   37          x       ....       =          ....
  808  7                   28          x       ....       =          ....
  809  6                   18          x       ....       =          ....
  810  5                  5.4          x       ....       =          ....
  811  4                  3.6          x       ....       =          ....
  812  3                  2.4          x       ....       =          ....
  813  2                  1.2          x       ....       =          ....
  814  1                  0.7          x       ....       =          ....
  815  M                  0.2          x       ....       =          ....
  816  
  817                                                             Total   
  818  
  819                             Victim Injury                           
  820  Level               Sentence Points       Number             Total
  821  2nd degreemurder-death      240       x      ....     =         ....
  822  Death                     120       x      ....     =         ....
  823  Severe                    40        x      ....     =         ....
  824  Moderate                  18        x      ....     =         ....
  825  Slight                     4        x      ....     =         ....
  826  Sexual penetration        80        x      ....     =         ....
  827  Sexual contact            40        x      ....     =         ....
  828  
  829                                                             Total   
  830  Primary Offense + Additional Offenses + Victim Injury =
  831                         TOTAL OFFENSE SCORE                       
  832  
  833                         PRIOR RECORD SCORE                        
  834  
  835                             Prior Record                            
  836  Level        Sentence Points           Number                Total
  837  10                  29          x       ....       =          ....
  838  9                   23          x       ....       =          ....
  839  8                   19          x       ....       =          ....
  840  7                   14          x       ....       =          ....
  841  6                   9           x       ....       =          ....
  842  5                  3.6          x       ....       =          ....
  843  4                  2.4          x       ....       =          ....
  844  3                  1.6          x       ....       =          ....
  845  2                  0.8          x       ....       =          ....
  846  1                  0.5          x       ....       =          ....
  847  M                  0.2          x       ....       =          ....
  848  
  849                                                             Total   
  850    TOTAL OFFENSE SCORE...........................................
  851    TOTAL PRIOR RECORD SCORE......................................
  852  
  853    LEGAL STATUS..................................................
  854    COMMUNITY SANCTION VIOLATION..................................
  855    PRIOR SERIOUS FELONY..........................................
  856    PRIOR CAPITAL FELONY..........................................
  857    FIREARM OR SEMIAUTOMATIC WEAPON...............................
  858                                                  SUBTOTAL........
  859  
  860    PRISON RELEASEE REOFFENDER (no)(yes)..........................
  861    VIOLENT CAREER CRIMINAL (no)(yes).............................
  862    HABITUAL VIOLENT OFFENDER (no)(yes)...........................
  863    HABITUAL OFFENDER (no)(yes)...................................
  864    DRUG TRAFFICKER (no)(yes) (x multiplier)......................
  865    LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
  866    MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
  867    CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
  868    DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
  869  (x multiplier)..................................................
  870    ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
  871  ................................................................
  872                                     TOTAL SENTENCE POINTS........
  873  
  874         (b) WORKSHEET KEY:
  875  
  876  Legal status points are assessed when any form of legal status
  877  existed at the time the offender committed an offense before the
  878  court for sentencing. Four (4) sentence points are assessed for
  879  an offender’s legal status.
  880  
  881  Community sanction violation points are assessed when a
  882  community sanction violation is before the court for sentencing.
  883  Six (6) sentence points are assessed for each community sanction
  884  violation and each successive community sanction violation,
  885  unless any of the following apply:
  886         1. If the community sanction violation includes a new
  887  felony conviction before the sentencing court, twelve (12)
  888  community sanction violation points are assessed for the
  889  violation, and for each successive community sanction violation
  890  involving a new felony conviction.
  891         2. If the community sanction violation is committed by a
  892  violent felony offender of special concern as defined in s.
  893  948.06:
  894         a. Twelve (12) community sanction violation points are
  895  assessed for the violation and for each successive violation of
  896  felony probation or community control where:
  897         I. The violation does not include a new felony conviction;
  898  and
  899         II. The community sanction violation is not based solely on
  900  the probationer or offender’s failure to pay costs or fines or
  901  make restitution payments.
  902         b. Twenty-four (24) community sanction violation points are
  903  assessed for the violation and for each successive violation of
  904  felony probation or community control where the violation
  905  includes a new felony conviction.
  906  
  907  Multiple counts of community sanction violations before the
  908  sentencing court shall not be a basis for multiplying the
  909  assessment of community sanction violation points.
  910  
  911  Prior serious felony points: If the offender has a primary
  912  offense or any additional offense ranked in level 8, level 9, or
  913  level 10, and one or more prior serious felonies, a single
  914  assessment of thirty (30) points shall be added. For purposes of
  915  this section, a prior serious felony is an offense in the
  916  offender’s prior record that is ranked in level 8, level 9, or
  917  level 10 under s. 921.0022 or s. 921.0023 and for which the
  918  offender is serving a sentence of confinement, supervision, or
  919  other sanction or for which the offender’s date of release from
  920  confinement, supervision, or other sanction, whichever is later,
  921  is within 3 years before the date the primary offense or any
  922  additional offense was committed.
  923  
  924  Prior capital felony points: If the offender has one or more
  925  prior capital felonies in the offender’s criminal record, points
  926  shall be added to the subtotal sentence points of the offender
  927  equal to twice the number of points the offender receives for
  928  the primary offense and any additional offense. A prior capital
  929  felony in the offender’s criminal record is a previous capital
  930  felony offense for which the offender has entered a plea of nolo
  931  contendere or guilty or has been found guilty; or a felony in
  932  another jurisdiction which is a capital felony in that
  933  jurisdiction, or would be a capital felony if the offense were
  934  committed in this state.
  935  
  936  Possession of a firearm, semiautomatic firearm, or machine gun:
  937  If the offender is convicted of committing or attempting to
  938  commit any felony other than those enumerated in s. 775.087(2)
  939  while having in his or her possession: a firearm as defined in
  940  s. 790.001(6), an additional eighteen (18) sentence points are
  941  assessed; or if the offender is convicted of committing or
  942  attempting to commit any felony other than those enumerated in
  943  s. 775.087(3) while having in his or her possession a
  944  semiautomatic firearm as defined in s. 775.087(3) or a machine
  945  gun as defined in s. 790.001(9), an additional twenty-five (25)
  946  sentence points are assessed.
  947  
  948  Sentencing multipliers:
  949  
  950  Drug trafficking: If the primary offense is drug trafficking
  951  under s. 893.135, the subtotal sentence points are multiplied,
  952  at the discretion of the court, for a level 7 or level 8
  953  offense, by 1.5. The state attorney may move the sentencing
  954  court to reduce or suspend the sentence of a person convicted of
  955  a level 7 or level 8 offense, if the offender provides
  956  substantial assistance as described in s. 893.135(4).
  957  
  958  Law enforcement protection: If the primary offense is a
  959  violation of the Law Enforcement Protection Act under s.
  960  775.0823(2), (3), or (4), the subtotal sentence points are
  961  multiplied by 2.5. If the primary offense is a violation of s.
  962  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  963  are multiplied by 2.0. If the primary offense is a violation of
  964  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  965  Protection Act under s. 775.0823(10) or (11), the subtotal
  966  sentence points are multiplied by 1.5.
  967  
  968  Grand theft of a motor vehicle: If the primary offense is grand
  969  theft of the third degree involving a motor vehicle and in the
  970  offender’s prior record, there are three or more grand thefts of
  971  the third degree involving a motor vehicle, the subtotal
  972  sentence points are multiplied by 1.5.
  973  
  974  Offense related to a criminal gang: If the offender is convicted
  975  of the primary offense and committed that offense for the
  976  purpose of benefiting, promoting, or furthering the interests of
  977  a criminal gang as defined in s. 874.03, the subtotal sentence
  978  points are multiplied by 1.5. If applying the multiplier results
  979  in the lowest permissible sentence exceeding the statutory
  980  maximum sentence for the primary offense under chapter 775, the
  981  court may not apply the multiplier and must sentence the
  982  defendant to the statutory maximum sentence.
  983  
  984  Domestic violence in the presence of a child: If the offender is
  985  convicted of the primary offense and the primary offense is a
  986  crime of domestic violence, as defined in s. 741.28, which was
  987  committed in the presence of a child under 16 years of age who
  988  is a family or household member as defined in s. 741.28(3) with
  989  the victim or perpetrator, the subtotal sentence points are
  990  multiplied by 1.5.
  991  
  992  Adult-on-minor sex offense: If the offender was 18 years of age
  993  or older and the victim was younger than 18 years of age at the
  994  time the offender committed the primary offense, and if the
  995  primary offense was an offense committed on or after October 1,
  996  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  997  violation involved a victim who was a minor and, in the course
  998  of committing that violation, the defendant committed a sexual
  999  battery under chapter 794 or a lewd act under s. 800.04 or s.
 1000  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
 1001  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
 1002  800.04; or s. 847.0135(5), the subtotal sentence points are
 1003  multiplied by 2.0. If applying the multiplier results in the
 1004  lowest permissible sentence exceeding the statutory maximum
 1005  sentence for the primary offense under chapter 775, the court
 1006  may not apply the multiplier and must sentence the defendant to
 1007  the statutory maximum sentence.
 1008         (2) The lowest permissible sentence is the minimum sentence
 1009  that may be imposed by the trial court, absent a valid reason
 1010  for departure. The lowest permissible sentence is any nonstate
 1011  prison sanction in which the total sentence points equals or is
 1012  less than 44 points, unless the court determines within its
 1013  discretion that a prison sentence, which may be up to the
 1014  statutory maximums for the offenses committed, is appropriate.
 1015  When the total sentence points exceeds 44 points, the lowest
 1016  permissible sentence in prison months shall be calculated by
 1017  subtracting 28 points from the total sentence points and
 1018  decreasing the remaining total by 25 percent. The total sentence
 1019  points shall be calculated only as a means of determining the
 1020  lowest permissible sentence. The permissible range for
 1021  sentencing shall be the lowest permissible sentence up to and
 1022  including the statutory maximum, as defined in s. 775.082, for
 1023  the primary offense and any additional offenses before the court
 1024  for sentencing. The sentencing court may impose such sentences
 1025  concurrently or consecutively. However, any sentence to state
 1026  prison must exceed 1 year. If the lowest permissible sentence
 1027  under the code exceeds the statutory maximum sentence as
 1028  provided in s. 775.082, the sentence required by the code must
 1029  be imposed. If the total sentence points are greater than or
 1030  equal to 363, the court may sentence the offender to life
 1031  imprisonment. An offender sentenced to life imprisonment under
 1032  this section is not eligible for any form of discretionary early
 1033  release, except executive clemency or conditional medical
 1034  release under s. 947.149.
 1035         (3) A single digitized scoresheet shall be prepared for
 1036  each defendant to determine the permissible range for the
 1037  sentence that the court may impose, except that if the defendant
 1038  is before the court for sentencing for more than one felony and
 1039  the felonies were committed under more than one version or
 1040  revision of the guidelines or the code, separate digitized
 1041  scoresheets must be prepared. The scoresheet or scoresheets must
 1042  cover all the defendant’s offenses pending before the court for
 1043  sentencing. The state attorney shall prepare the digitized
 1044  scoresheet or scoresheets, which must be presented to the
 1045  defense counsel for review for accuracy in all cases unless the
 1046  judge directs otherwise. The defendant’s scoresheet or
 1047  scoresheets must be approved and signed by the sentencing judge.
 1048         (4) The Department of Corrections, in consultation with the
 1049  Office of the State Courts Administrator, state attorneys, and
 1050  public defenders, must develop and submit the revised digitized
 1051  Criminal Public Safety Punishment Code scoresheet to the Supreme
 1052  Court for approval by June 15 of each year, as necessary. The
 1053  digitized scoresheet shall have individual, structured data
 1054  cells for each data field on the scoresheet. Upon the Supreme
 1055  Court’s approval of the revised digitized scoresheet, the
 1056  Department of Corrections shall produce and provide the revised
 1057  digitized scoresheets by September 30 of each year, as
 1058  necessary. Digitized scoresheets must include individual data
 1059  cells to indicate whether any prison sentence imposed includes a
 1060  mandatory minimum sentence or the sentence imposed was a
 1061  downward departure from the lowest permissible sentence under
 1062  the Criminal Public Safety Punishment Code.
 1063         (5) The Department of Corrections shall make available the
 1064  digitized Criminal Public Safety Punishment Code scoresheets to
 1065  those persons charged with the responsibility for preparing
 1066  scoresheets.
 1067         (6) The clerk of the circuit court shall transmit a
 1068  complete and accurate digitized copy of the Criminal Public
 1069  Safety Punishment Code scoresheet used in each sentencing
 1070  proceeding to the Department of Corrections. Scoresheets must be
 1071  electronically transmitted no less frequently than monthly, by
 1072  the first of each month, and may be sent collectively.
 1073         (7) A digitized sentencing scoresheet must be prepared for
 1074  every defendant who is sentenced for a felony offense. The
 1075  individual offender’s digitized Criminal Public Safety
 1076  Punishment Code scoresheet and any attachments thereto prepared
 1077  pursuant to Rule 3.701, Rule 3.702, or Rule 3.703, Florida Rules
 1078  of Criminal Procedure, or any other rule pertaining to the
 1079  preparation and submission of felony sentencing scoresheets,
 1080  must be included with the uniform judgment and sentence form
 1081  provided to the Department of Corrections.
 1082         Section 10. Section 921.0025, Florida Statutes, is amended
 1083  to read:
 1084         921.0025 Adoption and implementation of revised sentencing
 1085  scoresheets.—Rules 3.701, 3.702, 3.703, and 3.988, Florida Rules
 1086  of Criminal Procedure, as revised by the Supreme Court, and any
 1087  other rule pertaining to the preparation and submission of
 1088  felony sentencing scoresheets, are adopted and implemented in
 1089  accordance with this chapter for application to the Criminal
 1090  Public Safety Punishment Code.
 1091         Section 11. Paragraph (m) of subsection (2) of section
 1092  921.0026, Florida Statutes, is amended to read:
 1093         921.0026 Mitigating circumstances.—This section applies to
 1094  any felony offense, except any capital felony, committed on or
 1095  after October 1, 1998.
 1096         (2) Mitigating circumstances under which a departure from
 1097  the lowest permissible sentence is reasonably justified include,
 1098  but are not limited to:
 1099         (m) The defendant’s offense is a nonviolent felony, the
 1100  defendant’s Criminal Public Safety Punishment Code scoresheet
 1101  total sentence points under s. 921.0024 are 60 points or fewer,
 1102  and the court determines that the defendant is amenable to the
 1103  services of a postadjudicatory treatment-based drug court
 1104  program and is otherwise qualified to participate in the program
 1105  as part of the sentence. For purposes of this paragraph, the
 1106  term “nonviolent felony” has the same meaning as provided in s.
 1107  948.08(6).
 1108         Section 12. Section 921.0027, Florida Statutes, is amended
 1109  to read:
 1110         921.0027 Criminal Public Safety Punishment Code and
 1111  revisions; applicability.—The Florida Criminal Public Safety
 1112  Punishment Code applies to all felonies, except capital
 1113  felonies, committed on or after October 1, 1998. Any revision to
 1114  the Criminal Public Safety Punishment Code applies to sentencing
 1115  for all felonies, except capital felonies, committed on or after
 1116  the effective date of the revision. Felonies, except capital
 1117  felonies, with continuing dates of enterprise shall be sentenced
 1118  under the Criminal Public Safety Punishment Code in effect on
 1119  the beginning date of the criminal activity.
 1120         Section 13. Subsection (1) of section 924.06, Florida
 1121  Statutes, is amended to read:
 1122         924.06 Appeal by defendant.—
 1123         (1) A defendant may appeal from:
 1124         (a) A final judgment of conviction when probation has not
 1125  been granted under chapter 948, except as provided in subsection
 1126  (3);
 1127         (b) An order granting probation under chapter 948;
 1128         (c) An order revoking probation under chapter 948;
 1129         (d) A sentence, on the ground that it is illegal; or
 1130         (e) A sentence imposed under s. 921.0024 of the Criminal
 1131  Public Safety Punishment Code which exceeds the statutory
 1132  maximum penalty provided in s. 775.082 for an offense at
 1133  conviction, or the consecutive statutory maximums for offenses
 1134  at conviction, unless otherwise provided by law.
 1135         Section 14. Paragraph (i) of subsection (1) of section
 1136  924.07, Florida Statutes, is amended to read:
 1137         924.07 Appeal by state.—
 1138         (1) The state may appeal from:
 1139         (i) A sentence imposed below the lowest permissible
 1140  sentence established by the Criminal Public Safety Punishment
 1141  Code under chapter 921.
 1142         Section 15. Paragraph (c) of subsection (3) and paragraph
 1143  (e) of subsection (5) of section 944.17, Florida Statutes, are
 1144  amended to read:
 1145         944.17 Commitments and classification; transfers.—
 1146         (3)
 1147         (c)1. When the highest ranking offense for which the
 1148  prisoner is convicted is a felony, the trial court shall
 1149  sentence the prisoner pursuant to the Criminal Public Safety
 1150  Punishment Code in chapter 921.
 1151         2. When the highest ranking offense for which the prisoner
 1152  is convicted is a misdemeanor, the trial court shall sentence
 1153  the prisoner pursuant to s. 775.082(4).
 1154         (5) The department shall also refuse to accept a person
 1155  into the state correctional system unless the following
 1156  documents are presented in a completed form by the sheriff or
 1157  chief correctional officer, or a designated representative, to
 1158  the officer in charge of the reception process. The department
 1159  may, at its discretion, receive such documents electronically:
 1160         (e) A copy of the Criminal Public Safety Punishment Code
 1161  scoresheet and any attachments thereto prepared pursuant to Rule
 1162  3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal
 1163  Procedure, or any other rule pertaining to the preparation of
 1164  felony sentencing scoresheets.
 1165  
 1166  In addition, the sheriff or other officer having such person in
 1167  charge shall also deliver with the foregoing documents any
 1168  available presentence investigation reports as described in s.
 1169  921.231 and any attached documents. After a prisoner is admitted
 1170  into the state correctional system, the department may request
 1171  such additional records relating to the prisoner as it considers
 1172  necessary from the clerk of the court, the Department of
 1173  Children and Families, or any other state or county agency for
 1174  the purpose of determining the prisoner’s proper custody
 1175  classification, gain-time eligibility, or eligibility for early
 1176  release programs. An agency that receives such a request from
 1177  the department must provide the information requested. The
 1178  department may, at its discretion, receive such information
 1179  electronically.
 1180         Section 16. Paragraph (a) of subsection (7) of section
 1181  948.01, Florida Statutes, is amended to read:
 1182         948.01 When court may place defendant on probation or into
 1183  community control.—
 1184         (7)(a) Notwithstanding s. 921.0024 and effective for
 1185  offenses committed on or after July 1, 2009, the sentencing
 1186  court may place the defendant into a postadjudicatory treatment
 1187  based drug court program if the defendant’s Criminal Public
 1188  Safety Punishment Code scoresheet total sentence points under s.
 1189  921.0024 are 60 points or fewer, the offense is a nonviolent
 1190  felony, the defendant is amenable to substance abuse treatment,
 1191  and the defendant otherwise qualifies under s. 397.334(3). The
 1192  satisfactory completion of the program shall be a condition of
 1193  the defendant’s probation or community control. As used in this
 1194  subsection, the term “nonviolent felony” means a third degree
 1195  felony violation under chapter 810 or any other felony offense
 1196  that is not a forcible felony as defined in s. 776.08.
 1197         Section 17. Section 948.015, Florida Statutes, is amended
 1198  to read:
 1199         948.015 Presentence investigation reports.—The circuit
 1200  court, when the defendant in a criminal case has been found
 1201  guilty or has entered a plea of nolo contendere or guilty and
 1202  has a lowest permissible sentence under the Criminal Public
 1203  Safety Punishment Code of any nonstate prison sanction, may
 1204  refer the case to the department for investigation or
 1205  recommendation. Upon such referral, the department shall make
 1206  the following report in writing at a time specified by the court
 1207  prior to sentencing. The full report shall include:
 1208         (1) A complete description of the situation surrounding the
 1209  criminal activity with which the offender has been charged,
 1210  including a synopsis of the trial transcript, if one has been
 1211  made; nature of the plea agreement, including the number of
 1212  counts waived, the pleas agreed upon, the sentence agreed upon,
 1213  and any additional terms of agreement; and, at the offender’s
 1214  discretion, his or her version and explanation of the criminal
 1215  activity.
 1216         (2) The offender’s sentencing status, including whether the
 1217  offender is a first offender, a habitual or violent offender, a
 1218  youthful offender, or is currently on probation.
 1219         (3) The offender’s prior record of arrests and convictions.
 1220         (4) The offender’s educational background.
 1221         (5) The offender’s employment background, including any
 1222  military record, present employment status, and occupational
 1223  capabilities.
 1224         (6) The offender’s financial status, including total
 1225  monthly income and estimated total debts.
 1226         (7) The social history of the offender, including his or
 1227  her family relationships, marital status, interests, and
 1228  activities.
 1229         (8) The residence history of the offender.
 1230         (9) The offender’s medical history and, as appropriate, a
 1231  psychological or psychiatric evaluation.
 1232         (10) Information about the environments to which the
 1233  offender might return or to which the offender could be sent
 1234  should a sentence of nonincarceration or community supervision
 1235  be imposed by the court, and consideration of the offender’s
 1236  plan concerning employment supervision and treatment.
 1237         (11) Information about any resources available to assist
 1238  the offender, such as:
 1239         (a) Treatment centers.
 1240         (b) Residential facilities.
 1241         (c) Career training programs.
 1242         (d) Special education programs.
 1243         (e) Services that may preclude or supplement commitment to
 1244  the department.
 1245         (12) The views of the person preparing the report as to the
 1246  offender’s motivations and ambitions and an assessment of the
 1247  offender’s explanations for his or her criminal activity.
 1248         (13) An explanation of the offender’s criminal record, if
 1249  any, including his or her version and explanation of any
 1250  previous offenses.
 1251         (14) A statement regarding the extent of any victim’s loss
 1252  or injury.
 1253         (15) A recommendation as to disposition by the court. The
 1254  department shall make a written determination as to the reasons
 1255  for its recommendation, and shall include an evaluation of the
 1256  following factors:
 1257         (a) The appropriateness or inappropriateness of community
 1258  facilities, programs, or services for treatment or supervision
 1259  for the offender.
 1260         (b) The ability or inability of the department to provide
 1261  an adequate level of supervision for the offender in the
 1262  community and a statement of what constitutes an adequate level
 1263  of supervision.
 1264         (c) The existence of other treatment modalities which the
 1265  offender could use but which do not exist at present in the
 1266  community.
 1267         Section 18. Paragraph (j) of subsection (2) of section
 1268  948.06, Florida Statutes, is amended to read:
 1269         948.06 Violation of probation or community control;
 1270  revocation; modification; continuance; failure to pay
 1271  restitution or cost of supervision.—
 1272         (2)
 1273         (j)1. Notwithstanding s. 921.0024 and effective for
 1274  offenses committed on or after July 1, 2009, the court may order
 1275  the defendant to successfully complete a postadjudicatory
 1276  treatment-based drug court program if:
 1277         a. The court finds or the offender admits that the offender
 1278  has violated his or her community control or probation;
 1279         b. The offender’s Criminal Public Safety Punishment Code
 1280  scoresheet total sentence points under s. 921.0024 are 60 points
 1281  or fewer after including points for the violation;
 1282         c. The underlying offense is a nonviolent felony. As used
 1283  in this subsection, the term “nonviolent felony” means a third
 1284  degree felony violation under chapter 810 or any other felony
 1285  offense that is not a forcible felony as defined in s. 776.08;
 1286         d. The court determines that the offender is amenable to
 1287  the services of a postadjudicatory treatment-based drug court
 1288  program;
 1289         e. The court has explained the purpose of the program to
 1290  the offender and the offender has agreed to participate; and
 1291         f. The offender is otherwise qualified to participate in
 1292  the program under the provisions of s. 397.334(3).
 1293         2. After the court orders the modification of community
 1294  control or probation, the original sentencing court shall
 1295  relinquish jurisdiction of the offender’s case to the
 1296  postadjudicatory treatment-based drug court program until the
 1297  offender is no longer active in the program, the case is
 1298  returned to the sentencing court due to the offender’s
 1299  termination from the program for failure to comply with the
 1300  terms thereof, or the offender’s sentence is completed.
 1301         Section 19. Subsection (1) of section 948.20, Florida
 1302  Statutes, is amended to read:
 1303         948.20 Drug offender probation.—
 1304         (1) If it appears to the court upon a hearing that the
 1305  defendant is a chronic substance abuser whose criminal conduct
 1306  is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent
 1307  felony if such nonviolent felony is committed on or after July
 1308  1, 2009, and notwithstanding s. 921.0024 the defendant’s
 1309  Criminal Public Safety Punishment Code scoresheet total sentence
 1310  points are 60 points or fewer, the court may either adjudge the
 1311  defendant guilty or stay and withhold the adjudication of guilt.
 1312  In either case, the court may also stay and withhold the
 1313  imposition of sentence and place the defendant on drug offender
 1314  probation or into a postadjudicatory treatment-based drug court
 1315  program if the defendant otherwise qualifies. As used in this
 1316  section, the term “nonviolent felony” means a third degree
 1317  felony violation under chapter 810 or any other felony offense
 1318  that is not a forcible felony as defined in s. 776.08.
 1319         Section 20. Paragraph (c) of subsection (2) of section
 1320  948.51, Florida Statutes, is amended to read:
 1321         948.51 Community corrections assistance to counties or
 1322  county consortiums.—
 1323         (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A
 1324  county, or a consortium of two or more counties, may contract
 1325  with the Department of Corrections for community corrections
 1326  funds as provided in this section. In order to enter into a
 1327  community corrections partnership contract, a county or county
 1328  consortium must have a public safety coordinating council
 1329  established under s. 951.26 and must designate a county officer
 1330  or agency to be responsible for administering community
 1331  corrections funds received from the state. The public safety
 1332  coordinating council shall prepare, develop, and implement a
 1333  comprehensive public safety plan for the county, or the
 1334  geographic area represented by the county consortium, and shall
 1335  submit an annual report to the Department of Corrections
 1336  concerning the status of the program. In preparing the
 1337  comprehensive public safety plan, the public safety coordinating
 1338  council shall cooperate with the juvenile justice circuit
 1339  advisory board established under s. 985.664 in order to include
 1340  programs and services for juveniles in the plan. To be eligible
 1341  for community corrections funds under the contract, the initial
 1342  public safety plan must be approved by the governing board of
 1343  the county, or the governing board of each county within the
 1344  consortium, and the Secretary of Corrections based on the
 1345  requirements of this section. If one or more other counties
 1346  develop a unified public safety plan, the public safety
 1347  coordinating council shall submit a single application to the
 1348  department for funding. Continued contract funding shall be
 1349  pursuant to subsection (5). The plan for a county or county
 1350  consortium must cover at least a 5-year period and must include:
 1351         (c) Specific goals and objectives for reducing the
 1352  projected percentage of commitments to the state prison system
 1353  of persons with low total sentencing scores pursuant to the
 1354  Criminal Public Safety Punishment Code.
 1355         Section 21. Subsection (3) of section 958.04, Florida
 1356  Statutes, is amended to read:
 1357         958.04 Judicial disposition of youthful offenders.—
 1358         (3) The provisions of this section shall not be used to
 1359  impose a greater sentence than the permissible sentence range as
 1360  established by the Criminal Public Safety Punishment Code
 1361  pursuant to chapter 921 unless reasons are explained in writing
 1362  by the trial court judge which reasonably justify departure. A
 1363  sentence imposed outside of the code is subject to appeal
 1364  pursuant to s. 924.06 or s. 924.07.
 1365         Section 22. Subsection (4) of section 985.465, Florida
 1366  Statutes, is amended to read:
 1367         985.465 Juvenile correctional facilities or juvenile
 1368  prison.—A juvenile correctional facility or juvenile prison is a
 1369  physically secure residential commitment program with a
 1370  designated length of stay from 18 months to 36 months, primarily
 1371  serving children 13 years of age to 19 years of age or until the
 1372  jurisdiction of the court expires. Each child committed to this
 1373  level must meet one of the following criteria:
 1374         (4) The child is at least 13 years of age at the time of
 1375  the disposition for the current offense, the child is eligible
 1376  for prosecution as an adult for the current offense, and the
 1377  current offense is ranked at level 7 or higher on the Criminal
 1378  Public Safety Punishment Code offense severity ranking chart
 1379  pursuant to s. 921.0022.
 1380         Section 23. Section 921.002, Florida Statutes, is amended
 1381  to read:
 1382         921.002 The Criminal Public Safety Punishment Code.—The
 1383  Criminal Public Safety Punishment Code shall apply to all felony
 1384  offenses, except capital felonies, committed on or after October
 1385  1, 1998.
 1386         (1) The provision of criminal penalties and of limitations
 1387  upon the application of such penalties is a matter of
 1388  predominantly substantive law and, as such, is a matter properly
 1389  addressed by the Legislature. The Legislature, in the exercise
 1390  of its authority and responsibility to establish sentencing
 1391  criteria, to provide for the imposition of criminal penalties,
 1392  and to make the best use of state prisons so that violent
 1393  criminal offenders are appropriately incarcerated, has
 1394  determined that it is in the best interest of the state to
 1395  develop, implement, and revise a sentencing policy. The Criminal
 1396  Public Safety Punishment Code embodies the principles that:
 1397         (a) Sentencing is neutral with respect to race, gender, and
 1398  social and economic status.
 1399         (b) The primary purpose of sentencing is to punish the
 1400  offender. Rehabilitation is a desired goal of the criminal
 1401  justice system but is subordinate to the goal of public safety
 1402  punishment.
 1403         (c) The penalty imposed is commensurate with the severity
 1404  of the primary offense and the circumstances surrounding the
 1405  primary offense.
 1406         (d) The severity of the sentence increases with the length
 1407  and nature of the offender’s prior record.
 1408         (e) The sentence imposed by the sentencing judge reflects
 1409  the length of actual time to be served, shortened only by the
 1410  application of incentive and meritorious gain-time as provided
 1411  by law, and may not be shortened if the defendant would
 1412  consequently serve less than 85 percent of his or her term of
 1413  imprisonment as provided in s. 944.275(4). The provisions of
 1414  chapter 947, relating to parole, shall not apply to persons
 1415  sentenced under the Criminal Public Safety Punishment Code.
 1416         (f) Departures below the lowest permissible sentence
 1417  established by the code must be articulated in writing by the
 1418  trial court judge and made only when circumstances or factors
 1419  reasonably justify the mitigation of the sentence. The level of
 1420  proof necessary to establish facts that support a departure from
 1421  the lowest permissible sentence is a preponderance of the
 1422  evidence.
 1423         (g) The trial court judge may impose a sentence up to and
 1424  including the statutory maximum for any offense, including an
 1425  offense that is before the court due to a violation of probation
 1426  or community control.
 1427         (h) A sentence may be appealed on the basis that it departs
 1428  from the Criminal Public Safety Punishment Code only if the
 1429  sentence is below the lowest permissible sentence or as
 1430  enumerated in s. 924.06(1).
 1431         (i) Use of incarcerative sanctions is prioritized toward
 1432  offenders convicted of serious offenses and certain offenders
 1433  who have long prior records, in order to maximize the finite
 1434  capacities of state and local correctional facilities.
 1435         (2) When a defendant is before the court for sentencing for
 1436  more than one felony and the felonies were committed under more
 1437  than one version or revision of the former sentencing guidelines
 1438  or the code, each felony shall be sentenced under the guidelines
 1439  or the code in effect at the time the particular felony was
 1440  committed. This subsection does not apply to sentencing for any
 1441  capital felony.
 1442         (3) A court may impose a departure below the lowest
 1443  permissible sentence based upon circumstances or factors that
 1444  reasonably justify the mitigation of the sentence in accordance
 1445  with s. 921.0026. The level of proof necessary to establish
 1446  facts supporting the mitigation of a sentence is a preponderance
 1447  of the evidence. When multiple reasons exist to support the
 1448  mitigation, the mitigation shall be upheld when at least one
 1449  circumstance or factor justifies the mitigation regardless of
 1450  the presence of other circumstances or factors found not to
 1451  justify mitigation. Any sentence imposed below the lowest
 1452  permissible sentence must be explained in writing by the trial
 1453  court judge.
 1454         (4)(a) The Department of Corrections shall report on trends
 1455  in sentencing practices and sentencing score thresholds and
 1456  provide an analysis on the sentencing factors considered by the
 1457  courts and shall submit this information to the Legislature by
 1458  October 1 of each year.
 1459         (b) The Criminal Justice Estimating Conference, with the
 1460  assistance of the Department of Corrections, shall estimate the
 1461  impact of any proposed change to the Criminal Public Safety
 1462  Punishment Code on future rates of incarceration and on the
 1463  prison population. The Criminal Justice Estimating Conference
 1464  shall base its projections on historical data concerning
 1465  sentencing practices which have been accumulated by the
 1466  Department of Corrections and other relevant data from other
 1467  state agencies and records of the Department of Corrections
 1468  which disclose the average time served for offenses covered by
 1469  any proposed changes to the Criminal Public Safety Punishment
 1470  Code.
 1471         (c) In order to produce projects that are either required
 1472  by law or requested by the Legislature to assist the Legislature
 1473  in making modifications to the Criminal Public Safety Punishment
 1474  Code, the Department of Corrections is authorized to collect and
 1475  evaluate Criminal Public Safety Punishment Code scoresheets from
 1476  each of the judicial circuits after sentencing. Beginning in
 1477  1999, by October 1 of each year, the Department of Corrections
 1478  shall provide an annual report to the Legislature that shows the
 1479  rate of compliance of each judicial circuit in providing
 1480  scoresheets to the department.
 1481         Section 24. Subsection (2) of section 893.20, Florida
 1482  Statutes, is amended to read:
 1483         893.20 Continuing criminal enterprise.—
 1484         (2) A person who commits the offense of engaging in a
 1485  continuing criminal enterprise commits is guilty of a life
 1486  felony, punishable pursuant to the Criminal Public Safety
 1487  Punishment Code and by a fine of $500,000.
 1488         Section 25. This act shall take effect July 1, 2021.