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1999 Florida Statutes
SECTION 0022
Criminal Punishment Code; offense severity ranking chart.
Criminal Punishment Code; offense severity ranking chart.
1921.0022 Criminal Punishment Code; offense severity ranking chart.--
(1) The offense severity ranking chart must be used with the Criminal Punishment Code worksheet to compute a sentence score for each felony offender whose offense was committed on or after October 1, 1998.
(2) The offense severity ranking chart has 10 offense levels, ranked from least severe, which are level 1 offenses, to most severe, which are level 10 offenses, 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, s. 794.023, or any other law that provides an enhanced penalty for a felony offense, 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. 921.0023.
(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(3)(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 | ||
| 316.1935(2) | 3rd | Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated. |
| 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 drivers' 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 or public park. |
| 893.13(1)(f)2. | 2nd | Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c), (3), or (4) drugs within 200 feet of public housing facility. |
| 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. |
| 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. |
| 985.3141 | 3rd | Escapes from a juvenile facility (secure detention or residential commitment facility). |
| 2(d) LEVEL 4 | ||
| 316.1935(3) | 2nd | Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a marked patrol vehicle with siren and lights activated. |
| 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. |
| 784.083(3) | 3rd | Battery on code inspector. |
| 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. |
| 800.04(7)(c) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
| 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(4) | 2nd | Aggravated fleeing or eluding. |
| 322.34(6) | 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. |
| 800.04(6)(c) | 3rd | Lewd or lascivious conduct; offender less than 18 years. |
| 800.04(7)(b) | 2nd | Lewd or lascivious exhibition; offender 18 years or older. |
| 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. |
| 812.131(2)(b) | 3rd | Robbery by sudden snatching. |
| 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 or public park. |
| 893.13(1)(e) | 2nd | Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c), (3), or (4) within 1,000 feet of property used for religious services or a specified business site. |
| 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), or (2)(b) drugs) within 200 feet of public housing facility. |
| 893.13(4)(b) | 2nd | Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c), (3), or (4) drugs). |
| 2(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(10) | 3rd | Sexual predators; 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. |
| 784.083(2) | 2nd | Aggravated assault on code inspector. |
| 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. |
| 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
| 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
| 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. |
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
| 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
| 943.0435(9) | 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. |
| 2(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. |
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
| 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. |
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
| 782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
| 782.072 | 2nd | 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. |
| 784.083(1) | 1st | Aggravated battery on code inspector. |
| 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(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
| 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
| 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. |
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
| 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. |
| 827.04(3) | 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 drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b)) within 1,000 feet of a child care facility or school. |
| 893.13(1)(e) | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), 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. |
| 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
| 782.071(2) | 1st | Committing vehicular homicide and failing to render aid or give information. |
| 782.072(2) | 1st | 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. |
| 800.04(4) | 2nd | Lewd or lascivious battery. |
| 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. |
| 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
| 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a 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. |
| 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |
| 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
| 893.135(1)(f)1.b. | 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. |
| 782.051(1) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). |
| 782.07(2) | 1st | Aggravated manslaughter of an elderly person or disabled adult. |
| 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 aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition. |
| 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. |
| 800.04(5)(b) | 1st | Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. |
| 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. |
| 827.03(2) | 1st | Aggravated child abuse. |
| 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. |
| 893.135(1)(d)1.c. | 1st | Trafficking in phencyclidine, more than 400 grams. |
| 893.135(1)(e)1.c. | 1st | Trafficking in methaqualone, more than 25 kilograms. |
| 893.135(1)(f)1.c. | 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 aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition. |
| 782.07(3) | 1st | Aggravated manslaughter of a child. |
| 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. 5, ch. 97-194; s. 2, ch. 98-22; s. 2, ch. 98-24; s. 4, ch. 98-204; s. 5, ch. 98-207; s. 2, ch. 98-274; s. 54, ch. 98-280; ss. 6, 10, ch. 98-417; s. 110, ch. 99-3; s. 3, ch. 99-12; s. 3, ch. 99-153; s. 17, ch. 99-168; s. 2, ch. 99-175; s. 15, ch. 99-186; s. 10, ch. 99-188; s. 11, ch. 99-201; s. 3, ch. 99-207.
1Note.--Section 2, ch. 97-194, as amended by s. 1, ch. 98-204, provides that "[t]he Florida Criminal Punishment Code, consisting of sections 921.002-921.0026, Florida Statutes, is established effective October 1, 1998, and applies to any felony committed on or after that date, excluding any capital felony."
2Note.--Section 3, ch. 98-24, provides that "[t]his act shall take effect October 1 of [1998], and shall apply to offenses committed on or after that date."