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The Florida Senate

2000 Florida Statutes

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921 SENTENCE Entire Chapter
SECTION 0012
Sentencing guidelines offense levels; offense severity ranking chart.
Section 921.0012, Florida Statutes 2000

1921.0012  Sentencing guidelines offense levels; offense severity ranking chart.--

(1)  The offense severity ranking chart must be used with the sentencing guidelines worksheet to compute a sentence score for each felony offender.

(2)  The offense severity ranking chart has 10 offense levels, ranked from least severe to most severe, and each felony offense is assigned to a level according to the severity of the offense. For purposes of determining which felony offenses are specifically listed in the offense severity ranking chart and which severity level has been assigned to each of these offenses, the numerical statutory references in the left column of the chart and the felony degree designations in the middle column of the chart are controlling; the language in the right column of the chart is provided solely for descriptive purposes. Reclassification of the degree of the felony through the application of s. 775.0845, s. 775.087, s. 775.0875, or s. 794.023, to any offense listed in the offense severity ranking chart in this section shall not cause the offense to become unlisted and is not subject to the provisions of s. 921.0013.

(3)  OFFENSE SEVERITY RANKING CHART

Florida
Statute		 Felony
Degree		 Description
(a)  LEVEL 1
24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
322.212(1) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification.
322.212(4) 3rd Supply or aid in supplying unauthorized driver's license or identification card.
322.212(5)(a) 3rd False application for driver's license or identification card.
370.13(4)(a) 3rd Molest any stone crab trap, line, or buoy which is property of licenseholder.
370.135(1) 3rd Molest any blue crab trap, line, or buoy which is property of licenseholder.
372.663(1) 3rd Poach any alligator or crocodilia.
414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200.
414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
443.071(1) 3rd False statement or representation to obtain or increase unemployment compensation benefits.
458.327(1)(a) 3rd Unlicensed practice of medicine.
466.026(1)(a) 3rd Unlicensed practice of dentistry or dental hygiene.
509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
562.27(1) 3rd Possess still or still apparatus.
713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
826.01 3rd Bigamy.
828.122(3) 3rd Fighting or baiting animals.
831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
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.
838.015(3) 3rd Bribery.
838.016(1) 3rd Public servant receiving unlawful compensation.
838.15(2) 3rd Commercial bribe receiving.
838.16 3rd Commercial bribery.
843.18 3rd Fleeing by boat to elude a law enforcement officer.
847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
849.01 3rd Keeping gambling house.
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.
849.23 3rd Gambling-related machines; "common offender" as to property rights.
849.25(2) 3rd Engaging in bookmaking.
860.08 3rd Interfere with a railroad signal.
860.13(1)(a) 3rd Operate aircraft while under the influence.
893.13(2)(a)2. 3rd Purchase of cannabis.
893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
(b)  LEVEL 2
403.413(5)(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.
517.07 3rd Registration of securities and furnishing of prospectus required.
590.28(1) 3rd Willful, malicious, or intentional burning.
784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
810.09(2)(e) 3rd Trespassing on posted commerical horticulture property.
812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
817.234(1)(a)2. 3rd False statement in support of insurance claim.
817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
817.52(3) 3rd Failure to redeliver hired vehicle.
817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
817.60(5) 3rd Dealing in credit cards of another.
817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
831.01 3rd Forgery.
831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
831.07 3rd Forging bank bills or promissory note.
831.08 3rd Possession of 10 or more forged notes.
831.09 3rd Uttering forged bills; passes as bank bill or promissory note.
832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
843.08 3rd Falsely impersonating an officer.
893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c), (3), or (4) drugs other than cannabis.
893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
(c)  LEVEL 3
319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
697.08 3rd Equity skimming.
790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
796.05(1) 3rd Live on earnings of a prostitute.
806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
817.233 3rd Burning to defraud insurer.
828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
831.29 2nd Possession of instruments for counterfeiting driver's licenses or identification cards.
838.021(3)(b) 3rd Threatens unlawful harm to public servant.
843.19 3rd Injure, disable, or kill police dog or horse.
870.01(2) 3rd Riot; inciting or encouraging.
893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c), (3), or (4) drugs).
893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c), (3), or (4) drugs within 200 feet of university, public housing facility, or public park.
893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
[2]944.401 3rd Escapes from juvenile facility (secure detention or residential commitment facility).
944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
(d)  LEVEL 4
316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer resulting in high-speed pursuit.
784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
784.075 3rd Battery on detention or commitment facility staff.
784.08(2)(c) 3rd Battery on a person 65 years of age or older.
784.081(3) 3rd Battery on specified official or employee.
784.082(3) 3rd Battery by detained person on visitor or other detainee.
787.03(1) 3rd Interference with custody; wrongly takes child from appointed guardian.
787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
790.115(2)(c) 3rd Possessing firearm on school property.
810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
810.06 3rd Burglary; possession of tools.
810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
837.02(1) 3rd Perjury in official proceedings.
837.021(1) 3rd Make contradictory statements in official proceedings.
843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), or (2)(a) or (b) drugs).
914.14(2) 3rd Witnesses accepting bribes.
914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
918.12 3rd Tampering with jurors.
(e)  LEVEL 5
316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
316.1935(3) 3rd Aggravated fleeing or eluding.
[3]322.34(3) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
790.01(2) 3rd Carrying a concealed firearm.
790.162 2nd Threat to throw or discharge destructive device.
790.163 2nd False report of deadly explosive.
790.165(2) 3rd Manufacture, sell, possess, or deliver hoax bomb.
790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
790.23 2nd Felons in possession of firearms or electronic weapons or devices.
806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
812.019(1) 2nd Stolen property; dealing in or trafficking in.
812.16(2) 3rd Owning, operating, or conducting a chop shop.
817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
843.01 3rd Resist officer with violence to person; resist arrest with violence.
874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) drugs).
893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c), (3), or (4) drugs) within 1,000 feet of a child care facility or school.
893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) drugs) within 200 feet of university, public housing facility, or public park.
893.13(1)(e) 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c), (3), or (4) drugs) within 1,000 feet of property used for religious services or a specified business site.
893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c), (3), or (4) drugs).
(f)  LEVEL 6
316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
775.0875(1) 3rd Taking firearm from law enforcement officer.
775.21(9) 3rd Failure to register; failure to renew driver's license or identification card.
784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
784.041 3rd Felony battery.
784.048(3) 3rd Aggravated stalking; credible threat.
784.048(5) 3rd Aggravated stalking of person under 16.
784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
784.081(2) 2nd Aggravated assault on specified official or employee.
784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
790.115(2)(d) 2nd Discharging firearm or weapon on school property.
790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
790.164(1) 2nd False report of deadly explosive or act of arson or violence to state property.
790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
794.05(1) 2nd Unlawful sexual activity with specified minor.
806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
812.014(2)(b) 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
825.102(1) 3rd Abuse of an elderly person or disabled adult.
825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
827.03(1) 3rd Abuse of a child.
827.03(3)(c) 3rd Neglect of a child.
827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
836.05 2nd Threats; extortion.
836.10 2nd Written threats to kill or do bodily injury.
843.12 3rd Aids or assists person to escape.
914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
943.0435(6) 3rd Sex offenders; failure to comply with reporting requirements.
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.
944.40 2nd Escapes.
944.46 3rd Harboring, concealing, aiding escaped prisoners.
944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
(g)  LEVEL 7
316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
409.920(2) 3rd Medicaid provider fraud.
494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
[4]782.071(1) 3rd Killing of human being by the operation of a motor vehicle in a reckless manner (vehicular homicide).
[5]782.072(1) 3rd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
784.07(2)(d) 1st Aggravated battery on law enforcement officer.
784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
784.081(1) 1st Aggravated battery on specified official or employee.
784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
790.16(1) 1st Discharge of a machine gun under specified circumstances.
796.03 2nd Procuring any person under 16 years for prostitution.
800.04 2nd Handle, fondle, or assault child under 16 years in lewd, lascivious, or indecent manner.
806.01(2) 2nd Maliciously damage structure by fire or explosive.
810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
812.014(2)(a) 1st Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
[6]827.04(4) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
872.06 2nd Abuse of a dead human body.
893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) drugs) within 1,000 feet of a child care facility or school.
893.13(1)(e) 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) drugs) within 1,000 feet of property used for religious services or a specified business site.
893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) drugs).
893.135(1)(a)1. 1st Trafficking in cannabis, more than 50 lbs., less than 2,000 lbs.
893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
(h)  LEVEL 8
316.193(3)(c)3.a. 2nd DUI manslaughter.
327.35(3)(c)3. 2nd Vessel BUI manslaughter.
777.03(2)(a) 1st Accessory after the fact, capital felony.
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, aircraft piracy, or unlawfully discharging bomb.
782.071(2) 2nd Committing vehicular homicide and failing to render aid or give information.
782.072(2) 2nd Committing vessel homicide and failing to render aid or give information.
790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
810.02(2)(a) 1st,PBL Burglary with assault or battery.
810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
812.13(2)(b) 1st Robbery with a weapon.
812.135(2) 1st Home-invasion robbery.
825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
827.03(2) 2nd Aggravated child abuse.
837.02(2) 2nd Perjury in official proceedings relating to prosecution of capital felony.
837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of capital felony.
860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
860.16 1st Aircraft piracy.
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).
893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
[7]893.135(1)(d)2. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
[8]893.135(1)(e)2. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
[9]893.135(1)(f)2. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
(i)  LEVEL 9
316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
782.07(3) 1st Aggravated manslaughter of a child.
787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits child abuse, sexual battery, lewd, or lascivious act, etc.
790.161 1st Attempted capital destructive device offense.
794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
859.01 1st Poisoning food, drink, medicine, or water with intent to kill or injure another person.
893.135 1st Attempted capital trafficking offense.
893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
[10]893.135(1)(d)3. 1st Trafficking in phencyclidine, more than 400 grams.
[11]893.135(1)(e)3. 1st Trafficking in methaqualone, more than 25 kilograms.
[12]893.135(1)(f)3. 1st Trafficking in amphetamine, more than 200 grams.
(j)  LEVEL 10
782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
787.01(3)(a) Life Kidnapping; child under age 13, perpetrator also commits child abuse, sexual battery, lewd, or lascivious act, etc.
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.
876.32 1st Treason against the state.

History.--s. 10, ch. 93-406; s. 3, ch. 94-307; s. 19, ch. 95-158; s. 5, ch. 95-184; s. 108, ch. 96-175; s. 7, ch. 96-215; s. 12, ch. 96-260; s. 2, ch. 96-264; s. 1, ch. 96-280; s. 5, ch. 96-293; s. 7, ch. 96-312; s. 13, ch. 96-322; s. 25, ch. 96-330; s. 8, ch. 96-387; s. 51, ch. 96-388; s. 3, ch. 96-393; s. 3, ch. 96-409; s. 4, ch. 97-1; s. 3, ch. 97-27; s. 2, ch. 97-43; s. 8, ch. 97-78; s. 6, ch. 97-90; s. 2, ch. 97-183; s. 1, ch. 97-194; s. 6, ch. 97-206; s. 2, ch. 97-269; s. 14, ch. 97-299; s. 53, ch. 98-280.

1Note.--

A.  Section 1, ch. 97-194, provides that "[s]ections 921.0001, 921.001, 921.0011, 921.0012, 921.0013, 921.0014, 921.0015, 921.0016, and 921.005, Florida Statutes, as amended by this act, are repealed effective October 1, 1998, except that those sections shall remain in effect with respect to any crime committed before October 1, 1998."

B.  Section 43, ch. 97-194, provides that "[t]he Division of Statutory Revision of the Joint Legislative Management Committee shall leave the repealed statutory provisions referenced herein in the Florida Statutes for 10 years from October 1, 1998."

2Note.--Transferred to s. 985.3141 by s. 4, ch. 98-207.

3Note.--Redesignated as s. 322.34(6) by s. 40, ch. 97-300.

4Note.--Section 14, ch. 96-330, redesignated portions of s. 782.071 to provide the definition of "vehicular homicide" in the introductory language to the section and the penalties in subsections (1) and (2).

5Note.--Section 15, ch. 96-330, redesignated portions of s. 782.072 to provide the definition of "vessel homicide" in the introductory language to the section and the penalties in subsections (1) and (2).

6Note.--Subsection (4) was redesignated as subsection (3) to conform to the redesignation of subunits by s. 10, ch. 96-322.

7Note.--Redesignated as s. 893.135(1)(d)1.b. by s. 54, ch. 96-388.

8Note.--Redesignated as s. 893.135(1)(e)1.b. by s. 54, ch. 96-388.

9Note.--Redesignated as s. 893.135(1)(f)1.b. by s. 54, ch. 96-388.

10Note.--Amended by s. 54, ch. 96-388, and redesignated as s. 893.135(1)(d)1.c.

11Note.--Amended by s. 54, ch. 96-388, and redesignated as s. 893.135(1)(e)1.c.

12Note.--Amended by s. 54, ch. 96-388, and redesignated as s. 893.135(1)(f)1.c.