House Bill hb1231c1

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    Florida House of Representatives - 2001             CS/HB 1231

        By the Committee on Crime Prevention, Corrections & Safety
    and Representatives Kravitz, Gardiner, Davis, Gibson,
    Alexander, Arza, Clarke and Kyle




  1                      A bill to be entitled

  2         An act relating to property crimes; amending s.

  3         812.014, F.S.; providing second-degree felony

  4         penalties for theft of certain emergency

  5         medical equipment; amending s. 812.015, F.S.;

  6         revising certain definitions; authorizing a

  7         merchant or merchant's employee to provide a

  8         business address for purposes of any

  9         investigation with respect to the offense of

10         retail theft; providing a felony penalty for

11         unlawfully possessing antishoplifting or

12         inventory control device countermeasures;

13         providing a third-degree felony penalty for

14         certain commission of retail theft; providing a

15         second-degree felony penalty for second or

16         subsequent violations of such retail theft;

17         creating s. 812.0155, F.S.; authorizing a court

18         to suspend the driver's license of certain

19         persons under certain circumstances; requiring

20         a court to suspend the driver's license of such

21         persons for second or subsequent offenses;

22         providing for increased periods of suspension

23         for second or subsequent adjudications;

24         providing requirements of court for revoking,

25         suspending, or withholding issuance of the

26         driver's license of certain persons; providing

27         construction; creating s. 812.017, F.S.;

28         providing misdemeanor penalties for the use of

29         a fraudulently obtained or false receipt to

30         request a refund or obtain merchandise;

31         creating s. 812.0195, F.S.; providing criminal

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  1         penalties for dealing in stolen property by use

  2         of the Internet; creating s. 817.625, F.S.;

  3         providing definitions; providing a felony

  4         penalty for using a scanning device to access,

  5         read, obtain, memorize, or store information

  6         encoded on a payment card without the

  7         permission of, and with intent to defraud, the

  8         authorized user of the payment card; providing

  9         a felony penalty for using a reencoder to place

10         information onto a payment card without the

11         permission of, and with intent to defraud, the

12         authorized user of the payment card; providing

13         an enhanced penalty for a second or subsequent

14         violation of the act; subjecting certain

15         violations to the Florida Contraband Forfeiture

16         Act; amending ss. 831.07, 831.08, and 831.09,

17         F.S.; prohibiting forging a check or draft or

18         possessing or passing a forged check or draft;

19         providing penalties; reenacting s. 831.10,

20         F.S., relating to second conviction of uttering

21         forged bills, to incorporate a reference;

22         amending s. 831.11, F.S.; prohibiting bringing

23         a forged or counterfeit check or draft into the

24         state; providing a penalty; amending s. 831.12,

25         F.S.; providing that connecting together checks

26         or drafts to produce an additional check or

27         draft constitutes the offense of forgery;

28         creating s. 831.28, F.S.; providing a

29         definition; making unlawful the counterfeiting

30         of payment instruments with intent to defraud

31         or possessing counterfeit payment instruments;

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  1         providing a felony penalty; specifying acts

  2         that constitute prima facie evidence of intent

  3         to defraud; authorizing a law enforcement

  4         agency to produce or display a counterfeit

  5         payment instrument for training purposes;

  6         amending s. 832.05, F.S.; providing that prior

  7         passing of a worthless check or draft is not

  8         notice to the payee of insufficient funds to

  9         ensure payment of a subsequent check or draft;

10         amending s. 877.26, F.S.; making unlawful the

11         surreptitious observation, videotaping, or

12         visual surveillance of customers in merchants'

13         dressing rooms; providing construction;

14         amending s. 921.0022, F.S.; conforming

15         provisions of the Offense Severity Ranking

16         Chart of the Criminal Punishment Code to

17         changes made by the act; encouraging local law

18         enforcement agencies to establish a task force

19         on retail crime; providing direction on the

20         composition, operation, and termination of such

21         a task force; providing severability; providing

22         an effective date.

23

24  Be It Enacted by the Legislature of the State of Florida:

25

26         Section 1.  Paragraph (b) of subsection (2) of section

27  812.014, Florida Statutes, is amended to read:

28         812.014  Theft.--

29         (2)

30         (b)1.  If the property stolen is valued at $20,000 or

31  more, but less than $100,000; or

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  1         2.  The property stolen is emergency medical equipment,

  2  valued at $300 or more, that is taken from a facility licensed

  3  under chapter 395 or from an aircraft or vehicle permitted

  4  under chapter 401,

  5

  6  the offender commits grand theft in the second degree,

  7  punishable as a felony of the second degree, as provided in s.

  8  775.082, s. 775.083, or s. 775.084. Emergency medical

  9  equipment means mechanical or electronic apparatus used to

10  provide emergency services and care as defined in s.

11  395.002(10) or to treat medical emergencies.

12         Section 2.  Paragraphs (d) and (h) of subsection (1)

13  and subsections (5) and (7) of section 812.015, Florida

14  Statutes, are amended, and subsections (8) and (9) are added

15  to said section, to read:

16         812.015  Retail and farm theft; transit fare evasion;

17  mandatory fine; alternative punishment; detention and arrest;

18  exemption from liability for false arrest; resisting arrest;

19  penalties.--

20         (1)  As used in this section:

21         (d)  "Retail theft" means the taking possession of or

22  carrying away of merchandise, property, money, or negotiable

23  documents; altering or removing a label, universal product

24  code, or price tag; transferring merchandise from one

25  container to another; or removing a shopping cart, with intent

26  to deprive the merchant of possession, use, benefit, or full

27  retail value.

28         (h)  "Antishoplifting or inventory control device"

29  means a mechanism or other device designed and operated for

30  the purpose of detecting the removal from a mercantile

31  establishment or similar enclosure, or from a protected area

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  1  within such an enclosure, of specially marked or tagged

  2  merchandise. The term includes any electronic or digital

  3  imaging or any video recording or other film used for security

  4  purposes and the cash register tape or other record made of

  5  the register receipt.

  6         (5)(a)  A merchant, merchant's employee, farmer, or a

  7  transit agency's employee or agent who takes a person into

  8  custody, as provided in subsection (3), or who causes an

  9  arrest, as provided in subsection (4), of a person for retail

10  theft, farm theft, transit fare evasion, or trespass shall not

11  be criminally or civilly liable for false arrest or false

12  imprisonment when the merchant, merchant's employee, farmer,

13  or a transit agency's employee or agent has probable cause to

14  believe that the person committed retail theft, farm theft,

15  transit fare evasion, or trespass.

16         (b)  If a merchant or merchant's employee takes a

17  person into custody as provided in this section, or acts as a

18  witness with respect to any person taken into custody as

19  provided in this section, the merchant or merchant's employee

20  may provide his or her business address rather than home

21  address to any investigating law enforcement officer.

22         (7)  It is unlawful to possess, or use or attempt to

23  use, any antishoplifting or inventory control device

24  countermeasure within any premises used for the retail

25  purchase or sale of any merchandise.  Any person who possesses

26  any antishoplifting or inventory control device countermeasure

27  within any premises used for the retail purchase or sale of

28  any merchandise commits a felony misdemeanor of the third

29  first degree, punishable as provided in s. 775.082, or s.

30  775.083, or s. 775.084.  Any person who uses or attempts to

31  use any antishoplifting or inventory control device

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  1  countermeasure within any premises used for the retail

  2  purchase or sale of any merchandise commits a felony of the

  3  third degree, punishable as provided in s. 775.082, s.

  4  775.083, or s. 775.084.

  5         (8)  If a person commits retail theft, it is a felony

  6  of the third degree, punishable as provided in s. 775.082, s.

  7  775.083, or s. 775.084, if the property stolen is valued at

  8  $300 or more and the person:

  9         (a)  Individually, or in concert with one or more other

10  persons, coordinates the activities of one or more individuals

11  in committing the offense, in which case the amount of each

12  individual theft shall be aggregated to determine the value of

13  the property stolen;

14         (b)  Commits theft from more than one location within a

15  48-hour period, in which case the amount of each individual

16  theft shall be aggregated to determine the value of the

17  property stolen;

18         (c)  Acts in concert with one or more other individuals

19  within one or more establishments to distract the merchant,

20  merchant's employee, or law enforcement officer in order to

21  carry out the offense or acts in other ways to coordinate

22  efforts to carry out the offense; or

23         (d)  Commits the offense through the purchase of

24  merchandise in a package or box that contains merchandise

25  other than, or in addition to, the merchandise purported to be

26  contained in the package or box.

27         (9)  Any person who violates subsection (8), and who

28  has previously been convicted of a violation of subsection

29  (8), commits a felony of the second degree, punishable as

30  provided in s. 775.082, s. 775.083, or s. 775.084.

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  1         Section 3.  Section 812.0155, Florida Statutes, is

  2  created to read:

  3         812.0155  Suspension of driver's license following an

  4  adjudication of guilt for retail theft.--

  5         (1)  Except as provided in subsections (2) and (3), the

  6  court may order the suspension of the driver's license of each

  7  person adjudicated guilty of any misdemeanor violation of s.

  8  812.014 or s. 812.015, regardless of the value of the property

  9  stolen.  The court shall order the suspension of the driver's

10  license of each person adjudicated guilty of any misdemeanor

11  violation of s. 812.014 or s. 812.015 who has previously been

12  convicted of such an offense. Upon ordering the suspension of

13  the driver's license of the person adjudicated guilty, the

14  court shall forward the driver's license of the person

15  adjudicated guilty to the Department of Highway Safety and

16  Motor Vehicles in accordance with s. 322.25.

17         (a)  The first suspension of a driver's license under

18  this subsection shall be for a period of up to 6 months.

19         (b)  A second or subsequent suspension of a driver's

20  license under this subsection shall be for 1 year.

21         (2)  The court may revoke, suspend, or withhold

22  issuance of a driver's license of a person less than 18 years

23  of age who violates s. 812.014 or s. 812.015 as an alternative

24  to sentencing the person to:

25         (a)  Probation as defined in s. 985.03 or commitment to

26  the Department of Juvenile Justice, if the person is

27  adjudicated delinquent for such violation and has not

28  previously been convicted of or adjudicated delinquent for any

29  criminal offense, regardless of whether adjudication was

30  withheld.

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  1         (b)  Probation as defined in s. 985.03, commitment to

  2  the Department of Juvenile Justice, probation as defined in s.

  3  948.01, community control, or incarceration, if the person is

  4  convicted as an adult of such violation and has not previously

  5  been convicted of or adjudicated delinquent for any criminal

  6  offense, regardless of whether adjudication was withheld.

  7         (3)  As used in this subsection, the term "department"

  8  means the Department of Highway Safety and Motor Vehicles. A

  9  court that revokes, suspends, or withholds issuance of a

10  driver's license under subsection (2) shall:

11         (a)  If the person is eligible by reason of age for a

12  driver's license or driving privilege, direct the department

13  to revoke or withhold issuance of the person's driver's

14  license or driving privilege for not less than 6 months and

15  not more than 1 year;

16         (b)  If the person's driver's license is under

17  suspension or revocation for any reason, direct the department

18  to extend the period of suspension or revocation by not less

19  than 6 months and not more than 1 year; or

20         (c)  If the person is ineligible by reason of age for a

21  driver's license or driving privilege, direct the department

22  to withhold issuance of the person's driver's license or

23  driving privilege for not less than 6 months and not more than

24  1 year after the date on which the person would otherwise

25  become eligible.

26         (4)  Subsections (2) and (3) do not preclude the court

27  from imposing any sanction specified or not specified in

28  subsection (2) or subsection (3).

29         Section 4.  Section 812.017, Florida Statutes, is

30  created to read:

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  1         812.017  Use of a fraudulently obtained or false

  2  receipt.--

  3         (1)  Any person who requests a refund of merchandise,

  4  money, or any other thing of value through the use of a

  5  fraudulently obtained receipt or false receipt commits a

  6  misdemeanor of the second degree, punishable as provided in s.

  7  775.082 or s. 775.083.

  8         (2)  Any person who obtains merchandise, money, or any

  9  other thing of value through the use of a fraudulently

10  obtained receipt or false receipt commits a misdemeanor of the

11  first degree, punishable as provided in s. 775.082 or s.

12  775.083.

13         Section 5.  Section 812.0195, Florida Statutes, is

14  created to read:

15         812.0195  Dealing in stolen property by use of the

16  Internet.--Any person in this state who uses the Internet to

17  sell or offer for sale any merchandise or other property that

18  the person knows, or has reasonable cause to believe, is

19  stolen commits:

20         (1)  A misdemeanor of the second degree, punishable as

21  provided in s. 775.082 or s. 775.083, if the value of the

22  property is less than $300; or

23         (2)  A felony of the third degree, punishable as

24  provided in s. 775.082, s. 775.083, or s. 775.084, if the

25  value of the property is $300 or more.

26         Section 6.  Section 817.625, Florida Statutes, is

27  created to read:

28         817.625  Use of scanning device or reencoder to

29  defraud; penalties.--

30         (1)  As used in this section, the term:

31

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  1         (a)  "Scanning device" means a scanner, reader, or any

  2  other electronic device that is used to access, read, scan,

  3  obtain, memorize, or store, temporarily or permanently,

  4  information encoded on the magnetic strip or stripe of a

  5  payment card.

  6         (b)  "Reencoder" means an electronic device that places

  7  encoded information from the magnetic strip or stripe of a

  8  payment card onto the magnetic strip or stripe of a different

  9  payment card.

10         (c)  "Payment card" means a credit card, charge card,

11  debit card, or any other card that is issued to an authorized

12  card user and that allows the user to obtain, purchase, or

13  receive goods, services, money, or anything else of value from

14  a merchant.

15         (d)  "Merchant" means a person who receives from an

16  authorized user of a payment card, or someone the person

17  believes to be an authorized user, a payment card or

18  information from a payment card, or what the person believes

19  to be a payment card or information from a payment card, as

20  the instrument for obtaining, purchasing, or receiving goods,

21  services, money, or anything else of value from the person.

22         (2)(a)  It is a felony of the third degree, punishable

23  as provided in s. 775.082, s. 775.083, or s. 775.084, for a

24  person to use:

25         1.  A scanning device to access, read, obtain,

26  memorize, or store, temporarily or permanently, information

27  encoded on the magnetic strip or stripe of a payment card

28  without the permission of the authorized user of the payment

29  card and with the intent to defraud the authorized user.

30         2.  A reencoder to place information encoded on the

31  magnetic strip or stripe of a payment card onto the magnetic

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  1  strip or stripe of a different card without the permission of

  2  the authorized user of the card from which the information is

  3  being reencoded and with the intent to defraud the authorized

  4  user.

  5         (b)  Any person who violates paragraph (a) a second or

  6  subsequent time commits a felony of the second degree,

  7  punishable as provided in s. 775.082, s. 775.083, or s.

  8  775.084.

  9         (c)  Any person who violates paragraph (a) shall also

10  be subject to the provisions of ss. 932.701-932.707.

11         Section 7.  Section 831.07, Florida Statutes, is

12  amended to read:

13         831.07  Forging bank bills, checks, drafts, or

14  promissory notes.--Whoever falsely makes, alters, forges, or

15  counterfeits a bank bill, check, draft, or promissory note

16  payable to the bearer thereof, or to the order of any person,

17  issued by an incorporated banking company established in this

18  state, or within the United States, or any foreign province,

19  state, or government, with intent to injure any person,

20  commits shall be guilty of a felony of the third degree,

21  punishable as provided in s. 775.082, s. 775.083, or s.

22  775.084.

23         Section 8.  Section 831.08, Florida Statutes, is

24  amended to read:

25         831.08  Possessing certain forged notes, or bills,

26  checks, or drafts.--Whoever has in his or her possession 10 or

27  more similar false, altered, forged, or counterfeit notes,

28  bills of credit, bank bills, checks, drafts, or notes, such as

29  are mentioned in any of the preceding sections of this

30  chapter, payable to the bearer thereof or to the order of any

31  person, knowing the same to be false, altered, forged, or

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  1  counterfeit, with intent to utter and pass the same as true,

  2  and thereby to injure or defraud any person, commits shall be

  3  guilty of a felony of the third degree, punishable as provided

  4  in s. 775.082, s. 775.083, or s. 775.084.

  5         Section 9.  Section 831.09, Florida Statutes, is

  6  amended to read:

  7         831.09  Uttering forged bills, checks, drafts, or

  8  notes.--Whoever utters or passes or tenders in payment as

  9  true, any such false, altered, forged, or counterfeit note, or

10  any bank bill, check, draft, or promissory note, payable to

11  the bearer thereof or to the order of any person, issued as

12  aforesaid, knowing the same to be false, altered, forged or

13  counterfeit, with intent to injure or defraud any person,

14  commits shall be guilty of a felony of the third degree,

15  punishable as provided in s. 775.082, s. 775.083, or s.

16  775.084.

17         Section 10.  For the purposes of incorporating the

18  amendment to s. 831.09, Florida Statutes, section 831.10,

19  Florida Statutes, is reenacted to read:

20         831.10  Second conviction of uttering forged

21  bills.--Whoever, having been convicted of the offense

22  mentioned in s. 831.09 is again convicted of the like offense

23  committed after the former conviction, and whoever is at the

24  same term of the court convicted upon three distinct charges

25  of such offense, shall be deemed a common utterer of

26  counterfeit bills, and shall be punished as provided in s.

27  775.084.

28         Section 11.  Section 831.11, Florida Statutes, is

29  amended to read:

30         831.11  Bringing into the state forged bank bills,

31  checks, drafts, or notes.--Whoever brings into this state or

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  1  has in his or her possession a false, forged, or counterfeit

  2  bill, check, draft, or note in the similitude of the bills or

  3  notes payable to the bearer thereof or to the order of any

  4  person issued by or for any bank or banking company

  5  established in this state, or within the United States, or any

  6  foreign province, state or government, with intent to utter

  7  and pass the same or to render the same current as true,

  8  knowing the same to be false, forged, or counterfeit, commits

  9  shall be guilty of a felony of the third degree, punishable as

10  provided in s. 775.082, s. 775.083, or s.  775.084.

11         Section 12.  Section 831.12, Florida Statutes, is

12  amended to read:

13         831.12  Fraudulently connecting parts of genuine

14  instrument.--Whoever fraudulently connects together parts of

15  several banknotes, checks, drafts, or other genuine

16  instruments in such a manner as to produce one additional

17  note, check, draft, or instrument, with intent to pass all of

18  them as genuine, commits shall be deemed guilty of forgery in

19  like manner as if each of them had been falsely made or

20  forged.

21         Section 13.  Section 831.28, Florida Statutes, is

22  created to read:

23         831.28  Counterfeiting a payment instrument; possessing

24  a counterfeit payment instrument; penalties.--

25         (1)  As used in this section, the term "counterfeit"

26  means the manufacture of or arrangement to manufacture a

27  payment instrument, as defined in s. 560.103, without the

28  permission of the financial institution, account holder, or

29  organization whose name, routing number, or account number

30  appears on the payment instrument, or the manufacture of any

31

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  1  payment instrument with a fictitious name, routing number, or

  2  account number.

  3         (2)(a)  It is unlawful to counterfeit a payment

  4  instrument with the intent to defraud a financial institution,

  5  account holder, or any other person or organization or for a

  6  person to have any counterfeit payment instrument in such

  7  person's possession. Any person who violates this subsection

  8  commits a felony of the third degree, punishable as provided

  9  in s. 775.082, s. 775.083, or s. 775.084.

10         (b)  The printing of a payment instrument in the name

11  of a person or entity or with the routing number or account

12  number of a person or entity without the permission of the

13  person or entity to manufacture or reproduce such payment

14  instrument with such name, routing number, or account number

15  is prima facie evidence of intent to defraud.

16         (3)  This section does not apply to a law enforcement

17  agency that produces or displays counterfeit payment

18  instruments for investigative or educational purposes.

19         Section 14.  Subsection (10) is added to section

20  832.05, Florida Statutes, to read:

21         832.05  Giving worthless checks, drafts, and debit card

22  orders; penalty; duty of drawee; evidence; costs; complaint

23  form.--

24         (10)  CONSTRUCTION; PAYEE OR HOLDER; INSUFFICIENT

25  FUNDS.--For purposes of construction of this section, a payee

26  or holder does not have knowledge, express notification, or

27  reason to believe that the maker or drawer has insufficient

28  funds to ensure payment of a check, draft, or debit card

29  solely because the maker or drawer has previously drawn or

30  issued a worthless check, draft, or debit card order to the

31  payee or holder.

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  1         Section 15.  Section 877.26, Florida Statutes, is

  2  amended to read:

  3         877.26  Surreptitious Direct observation, videotaping,

  4  or visual surveillance of customers in merchant's dressing

  5  room, etc., prohibited; penalties.--

  6         (1)  It is unlawful for any merchant to surreptitiously

  7  directly observe or make use of video cameras or other visual

  8  surveillance devices to observe or record customers in the

  9  merchant's dressing room, fitting room, changing room, or

10  restroom when such room provides a reasonable expectation of

11  privacy. As used in this subsection, the term "merchant" means

12  an owner or operator, or the agent, consignee, employee,

13  lessee, or officer of an owner or operator, of any premises or

14  apparatus used for retail purchase or sale of any merchandise.

15         (2)  For purposes of this section, a merchant or

16  merchant's employee does not surreptitiously and directly

17  observe a customer if the customer knows or has reason to be

18  aware of the presence of the merchant or merchant's employee

19  in the merchant's dressing room, fitting room, changing room,

20  or restroom, even when such room provides a reasonable

21  expectation of privacy, provided that the merchant posts

22  visible notice within the area to be observed.

23         (3)(2)  Any merchant who violates subsection (1) is

24  guilty of a misdemeanor of the first degree, punishable as

25  provided in s. 775.082 or s. 775.083.

26         Section 16.  Paragraphs (b), (c), (d), (e), (f), and

27  (g) of subsection (3) of section 921.0022, Florida Statutes,

28  are amended to read:

29         921.0022  Criminal Punishment Code; offense severity

30  ranking chart.--

31         (3)  OFFENSE SEVERITY RANKING CHART

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  1

  2  Florida           Felony

  3  Statute           Degree             Description

  4

  5

  6                              (b)  LEVEL 2

  7  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

  8                              lbs. in weight or 100 cubic feet

  9                              in volume or any quantity for

10                              commercial purposes, or hazardous

11                              waste.

12  517.07             3rd      Registration of securities and

13                              furnishing of prospectus

14                              required.

15  590.28(1)          3rd      Willful, malicious, or

16                              intentional burning.

17  784.05(3)          3rd      Storing or leaving a loaded

18                              firearm within reach of minor who

19                              uses it to inflict injury or

20                              death.

21  787.04(1)          3rd      In violation of court order,

22                              take, entice, etc., minor beyond

23                              state limits.

24  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

25                              or more to public communication

26                              or any other public service.

27  810.09(2)(e)       3rd      Trespassing on posted commerical

28                              horticulture property.

29  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

30                              more but less than $5,000.

31

                                  16

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  1  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

  2                              more but less than $300, taken

  3                              from unenclosed curtilage of

  4                              dwelling.

  5  812.015(7)         3rd      Possession, use, or attempted use

  6                              of an antishoplifting or

  7                              inventory control device

  8                              countermeasure.

  9  817.234(1)(a)2.    3rd      False statement in support of

10                              insurance claim.

11  817.481(3)(a)      3rd      Obtain credit or purchase with

12                              false, expired, counterfeit,

13                              etc., credit card, value over

14                              $300.

15  817.52(3)          3rd      Failure to redeliver hired

16                              vehicle.

17  817.54             3rd      With intent to defraud, obtain

18                              mortgage note, etc., by false

19                              representation.

20  817.60(5)          3rd      Dealing in credit cards of

21                              another.

22  817.60(6)(a)       3rd      Forgery; purchase goods, services

23                              with false card.

24  817.61             3rd      Fraudulent use of credit cards

25                              over $100 or more within 6

26                              months.

27  826.04             3rd      Knowingly marries or has sexual

28                              intercourse with person to whom

29                              related.

30  831.01             3rd      Forgery.

31

                                  17

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  1  831.02             3rd      Uttering forged instrument;

  2                              utters or publishes alteration

  3                              with intent to defraud.

  4  831.07             3rd      Forging bank bills, checks,

  5                              drafts, or promissory notes note.

  6  831.08             3rd      Possessing Possession of 10 or

  7                              more forged notes, bills, checks,

  8                              or drafts.

  9  831.09             3rd      Uttering forged notes, bills,

10                              checks, drafts, or promissory

11                              notes; passes as bank bill or

12                              promissory note.

13  831.11             3rd      Bringing into the state forged

14                              bank bills, checks, drafts, or

15                              notes.

16  832.05(3)(a)       3rd      Cashing or depositing item with

17                              intent to defraud.

18  843.08             3rd      Falsely impersonating an officer.

19  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

20                              (2)(c)1., (2)(c)2., (2)(c)3.,

21                              (2)(c)5., (2)(c)6., (2)(c)7.,

22                              (2)(c)8., (2)(c)9., (3), or (4)

23                              drugs other than cannabis.

24  893.147(2)         3rd      Manufacture or delivery of drug

25                              paraphernalia.

26                              (c)  LEVEL 3

27  316.1935(2)        3rd      Fleeing or attempting to elude

28                              law enforcement officer in marked

29                              patrol vehicle with siren and

30                              lights activated.

31

                                  18

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  1  319.30(4)          3rd      Possession by junkyard of motor

  2                              vehicle with identification

  3                              number plate removed.

  4  319.33(1)(a)       3rd      Alter or forge any certificate of

  5                              title to a motor vehicle or

  6                              mobile home.

  7  319.33(1)(c)       3rd      Procure or pass title on stolen

  8                              vehicle.

  9  319.33(4)          3rd      With intent to defraud, possess,

10                              sell, etc., a blank, forged, or

11                              unlawfully obtained title or

12                              registration.

13  328.05(2)          3rd      Possess, sell, or counterfeit

14                              fictitious, stolen, or fraudulent

15                              titles or bills of sale of

16                              vessels.

17  328.07(4)          3rd      Manufacture, exchange, or possess

18                              vessel with counterfeit or wrong

19                              ID number.

20  376.302(5)         3rd      Fraud related to reimbursement

21                              for cleanup expenses under the

22                              Inland Protection Trust Fund.

23  501.001(2)(b)      2nd      Tampers with a consumer product

24                              or the container using materially

25                              false/misleading information.

26  697.08             3rd      Equity skimming.

27  790.15(3)          3rd      Person directs another to

28                              discharge firearm from a vehicle.

29  796.05(1)          3rd      Live on earnings of a prostitute.

30

31

                                  19

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  1  806.10(1)          3rd      Maliciously injure, destroy, or

  2                              interfere with vehicles or

  3                              equipment used in firefighting.

  4  806.10(2)          3rd      Interferes with or assaults

  5                              firefighter in performance of

  6                              duty.

  7  810.09(2)(c)       3rd      Trespass on property other than

  8                              structure or conveyance armed

  9                              with firearm or dangerous weapon.

10  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

11                              less than $10,000.

12  815.04(4)(b)       2nd      Computer offense devised to

13                              defraud or obtain property.

14  817.034(4)(a)3.    3rd      Engages in scheme to defraud

15                              (Florida Communications Fraud

16                              Act), property valued at less

17                              than $20,000.

18  817.233            3rd      Burning to defraud insurer.

19  828.12(2)          3rd      Tortures any animal with intent

20                              to inflict intense pain, serious

21                              physical injury, or death.

22  831.28(2)(a)       3rd      Counterfeiting a payment

23                              instrument with intent to defraud

24                              or possessing a counterfeit

25                              payment instrument.

26  831.29             2nd      Possession of instruments for

27                              counterfeiting drivers' licenses

28                              or identification cards.

29  838.021(3)(b)      3rd      Threatens unlawful harm to public

30                              servant.

31

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  1  843.19             3rd      Injure, disable, or kill police

  2                              dog or horse.

  3  870.01(2)          3rd      Riot; inciting or encouraging.

  4  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

  5                              cannabis (or other s.

  6                              893.03(1)(c), (2)(c)1., (2)(c)2.,

  7                              (2)(c)3., (2)(c)5., (2)(c)6.,

  8                              (2)(c)7., (2)(c)8., (2)(c)9.,

  9                              (3), or (4) drugs).

10  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

11                              893.03(1)(c), (2)(c)1., (2)(c)2.,

12                              (2)(c)3., (2)(c)5., (2)(c)6.,

13                              (2)(c)7., (2)(c)8., (2)(c)9.,

14                              (3), or (4) drugs within 200 feet

15                              of university or public park.

16  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

17                              893.03(1)(c), (2)(c)1., (2)(c)2.,

18                              (2)(c)3., (2)(c)5., (2)(c)6.,

19                              (2)(c)7., (2)(c)8., (2)(c)9.,

20                              (3), or (4) drugs within 200 feet

21                              of public housing facility.

22  893.13(6)(a)       3rd      Possession of any controlled

23                              substance other than felony

24                              possession of cannabis.

25  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

26                              controlled substance by fraud,

27                              forgery, misrepresentation, etc.

28  893.13(7)(a)11.    3rd      Furnish false or fraudulent

29                              material information on any

30                              document or record required by

31                              chapter 893.

                                  21

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  1  918.13(1)(a)       3rd      Alter, destroy, or conceal

  2                              investigation evidence.

  3  944.47

  4   (1)(a)1.-2.       3rd      Introduce contraband to

  5                              correctional facility.

  6  944.47(1)(c)       2nd      Possess contraband while upon the

  7                              grounds of a correctional

  8                              institution.

  9  985.3141           3rd      Escapes from a juvenile facility

10                              (secure detention or residential

11                              commitment facility).

12                              (d)  LEVEL 4

13  316.1935(3)        2nd      Driving at high speed or with

14                              wanton disregard for safety while

15                              fleeing or attempting to elude

16                              law enforcement officer who is in

17                              a marked patrol vehicle with

18                              siren and lights activated.

19  784.07(2)(b)       3rd      Battery of law enforcement

20                              officer, firefighter, intake

21                              officer, etc.

22  784.075            3rd      Battery on detention or

23                              commitment facility staff.

24  784.08(2)(c)       3rd      Battery on a person 65 years of

25                              age or older.

26  784.081(3)         3rd      Battery on specified official or

27                              employee.

28  784.082(3)         3rd      Battery by detained person on

29                              visitor or other detainee.

30  784.083(3)         3rd      Battery on code inspector.

31

                                  22

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  1  784.085            3rd      Battery of child by throwing,

  2                              tossing, projecting, or expelling

  3                              certain fluids or materials.

  4  787.03(1)          3rd      Interference with custody;

  5                              wrongly takes child from

  6                              appointed guardian.

  7  787.04(2)          3rd      Take, entice, or remove child

  8                              beyond state limits with criminal

  9                              intent pending custody

10                              proceedings.

11  787.04(3)          3rd      Carrying child beyond state lines

12                              with criminal intent to avoid

13                              producing child at custody

14                              hearing or delivering to

15                              designated person.

16  790.115(1)         3rd      Exhibiting firearm or weapon

17                              within 1,000 feet of a school.

18  790.115(2)(b)      3rd      Possessing electric weapon or

19                              device, destructive device, or

20                              other weapon on school property.

21  790.115(2)(c)      3rd      Possessing firearm on school

22                              property.

23  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

24                              offender less than 18 years.

25  810.02(4)(a)       3rd      Burglary, or attempted burglary,

26                              of an unoccupied structure;

27                              unarmed; no assault or battery.

28  810.02(4)(b)       3rd      Burglary, or attempted burglary,

29                              of an unoccupied conveyance;

30                              unarmed; no assault or battery.

31  810.06             3rd      Burglary; possession of tools.

                                  23

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  1  810.08(2)(c)       3rd      Trespass on property, armed with

  2                              firearm or dangerous weapon.

  3  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

  4                              or more but less than $20,000.

  5  812.014

  6   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

  7                              firearm, motor vehicle,

  8                              livestock, etc.

  9  812.0195(2)        3rd      Dealing in stolen property by use

10                              of the Internet; property stolen

11                              $300 or more.

12  817.563(1)         3rd      Sell or deliver substance other

13                              than controlled substance agreed

14                              upon, excluding s. 893.03(5)

15                              drugs.

16  817.625(2)(a)      3rd      Fraudulent use of scanning device

17                              or reencoder.

18  828.125(1)         2nd      Kill, maim, or cause great bodily

19                              harm or permanent breeding

20                              disability to any registered

21                              horse or cattle.

22  837.02(1)          3rd      Perjury in official proceedings.

23  837.021(1)         3rd      Make contradictory statements in

24                              official proceedings.

25  843.021            3rd      Possession of a concealed

26                              handcuff key by a person in

27                              custody.

28  843.025            3rd      Deprive law enforcement,

29                              correctional, or correctional

30                              probation officer of means of

31                              protection or communication.

                                  24

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  1  843.15(1)(a)       3rd      Failure to appear while on bail

  2                              for felony (bond estreature or

  3                              bond jumping).

  4  874.05(1)          3rd      Encouraging or recruiting another

  5                              to join a criminal street gang.

  6  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

  7                              893.03(1)(a), (b), or (d),

  8                              (2)(a), (2)(b), or (2)(c)4.

  9                              drugs).

10  914.14(2)          3rd      Witnesses accepting bribes.

11  914.22(1)          3rd      Force, threaten, etc., witness,

12                              victim, or informant.

13  914.23(2)          3rd      Retaliation against a witness,

14                              victim, or informant, no bodily

15                              injury.

16  918.12             3rd      Tampering with jurors.

17                              (e)  LEVEL 5

18  316.027(1)(a)      3rd      Accidents involving personal

19                              injuries, failure to stop;

20                              leaving scene.

21  316.1935(4)        2nd      Aggravated fleeing or eluding.

22  322.34(6)          3rd      Careless operation of motor

23                              vehicle with suspended license,

24                              resulting in death or serious

25                              bodily injury.

26  327.30(5)          3rd      Vessel accidents involving

27                              personal injury; leaving scene.

28  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

29                              knowing HIV positive.

30  790.01(2)          3rd      Carrying a concealed firearm.

31

                                  25

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  1  790.162            2nd      Threat to throw or discharge

  2                              destructive device.

  3  790.163            2nd      False report of deadly explosive.

  4  790.165(2)         3rd      Manufacture, sell, possess, or

  5                              deliver hoax bomb.

  6  790.221(1)         2nd      Possession of short-barreled

  7                              shotgun or machine gun.

  8  790.23             2nd      Felons in possession of firearms

  9                              or electronic weapons or devices.

10  800.04(6)(c)       3rd      Lewd or lascivious conduct;

11                              offender less than 18 years.

12  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

13                              offender 18 years or older.

14  806.111(1)         3rd      Possess, manufacture, or dispense

15                              fire bomb with intent to damage

16                              any structure or property.

17  812.019(1)         2nd      Stolen property; dealing in or

18                              trafficking in.

19  812.131(2)(b)      3rd      Robbery by sudden snatching.

20  812.16(2)          3rd      Owning, operating, or conducting

21                              a chop shop.

22  817.034(4)(a)2.    2nd      Communications fraud, value

23                              $20,000 to $50,000.

24  817.625(2)(b)      2nd      Second or subsequent fraudulent

25                              use of scanning device or

26                              reencoder.

27  825.1025(4)        3rd      Lewd or lascivious exhibition in

28                              the presence of an elderly person

29                              or disabled adult.

30

31

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  1  827.071(4)         2nd      Possess with intent to promote

  2                              any photographic material, motion

  3                              picture, etc., which includes

  4                              sexual conduct by a child.

  5  843.01             3rd      Resist officer with violence to

  6                              person; resist arrest with

  7                              violence.

  8  874.05(2)          2nd      Encouraging or recruiting another

  9                              to join a criminal street gang;

10                              second or subsequent offense.

11  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

12                              cocaine (or other s.

13                              893.03(1)(a), (1)(b), (1)(d),

14                              (2)(a), (2)(b), or (2)(c)4.

15                              drugs).

16  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

17                              cannabis (or other s.

18                              893.03(1)(c), (2)(c)1., (2)(c)2.,

19                              (2)(c)3., (2)(c)5., (2)(c)6.,

20                              (2)(c)7., (2)(c)8., (2)(c)9.,

21                              (3), or (4) drugs) within 1,000

22                              feet of a child care facility or

23                              school.

24  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

25                              cocaine (or other s.

26                              893.03(1)(a), (1)(b), (1)(d),

27                              (2)(a), (2)(b), or (2)(c)4.

28                              drugs) within 200 feet of

29                              university or public park.

30

31

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  1  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

  2                              cannabis or other drug prohibited

  3                              under s. 893.03(1)(c), (2)(c)1.,

  4                              (2)(c)2., (2)(c)3., (2)(c)5.,

  5                              (2)(c)6., (2)(c)7., (2)(c)8.,

  6                              (2)(c)9., (3), or (4) within

  7                              1,000 feet of property used for

  8                              religious services or a specified

  9                              business site.

10  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

11                              cocaine (or other s.

12                              893.03(1)(a), (1)(b), (1)(d), or

13                              (2)(a), (2)(b), or (2)(c)4.

14                              drugs) within 200 feet of public

15                              housing facility.

16  893.13(4)(b)       2nd      Deliver to minor cannabis (or

17                              other s. 893.03(1)(c), (2)(c)1.,

18                              (2)(c)2., (2)(c)3., (2)(c)5.,

19                              (2)(c)6., (2)(c)7., (2)(c)8.,

20                              (2)(c)9., (3), or (4) drugs).

21                              (f)  LEVEL 6

22  316.027(1)(b)      2nd      Accident involving death, failure

23                              to stop; leaving scene.

24  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

25                              conviction.

26  775.0875(1)        3rd      Taking firearm from law

27                              enforcement officer.

28  775.21(10)         3rd      Sexual predators; failure to

29                              register; failure to renew

30                              driver's license or

31                              identification card.

                                  28

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  1  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

  2                              without intent to kill.

  3  784.021(1)(b)      3rd      Aggravated assault; intent to

  4                              commit felony.

  5  784.041            3rd      Felony battery.

  6  784.048(3)         3rd      Aggravated stalking; credible

  7                              threat.

  8  784.048(5)         3rd      Aggravated stalking of person

  9                              under 16.

10  784.07(2)(c)       2nd      Aggravated assault on law

11                              enforcement officer.

12  784.08(2)(b)       2nd      Aggravated assault on a person 65

13                              years of age or older.

14  784.081(2)         2nd      Aggravated assault on specified

15                              official or employee.

16  784.082(2)         2nd      Aggravated assault by detained

17                              person on visitor or other

18                              detainee.

19  784.083(2)         2nd      Aggravated assault on code

20                              inspector.

21  787.02(2)          3rd      False imprisonment; restraining

22                              with purpose other than those in

23                              s. 787.01.

24  790.115(2)(d)      2nd      Discharging firearm or weapon on

25                              school property.

26  790.161(2)         2nd      Make, possess, or throw

27                              destructive device with intent to

28                              do bodily harm or damage

29                              property.

30

31

                                  29

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  1  790.164(1)         2nd      False report of deadly explosive

  2                              or act of arson or violence to

  3                              state property.

  4  790.19             2nd      Shooting or throwing deadly

  5                              missiles into dwellings, vessels,

  6                              or vehicles.

  7  794.011(8)(a)      3rd      Solicitation of minor to

  8                              participate in sexual activity by

  9                              custodial adult.

10  794.05(1)          2nd      Unlawful sexual activity with

11                              specified minor.

12  800.04(5)(d)       3rd      Lewd or lascivious molestation;

13                              victim 12 years of age or older

14                              but less than 16 years; offender

15                              less than 18 years.

16  800.04(6)(b)       2nd      Lewd or lascivious conduct;

17                              offender 18 years of age or

18                              older.

19  806.031(2)         2nd      Arson resulting in great bodily

20                              harm to firefighter or any other

21                              person.

22  810.02(3)(c)       2nd      Burglary of occupied structure;

23                              unarmed; no assault or battery.

24  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

25                              but less than $100,000, grand

26                              theft in 2nd degree.

27  812.015(9)         2nd      Retail theft; property stolen

28                              $300 or more; second or

29                              subsequent conviction.

30  812.13(2)(c)       2nd      Robbery, no firearm or other

31                              weapon (strong-arm robbery).

                                  30

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  1  817.034(4)(a)1.    1st      Communications fraud, value

  2                              greater than $50,000.

  3  817.4821(5)        2nd      Possess cloning paraphernalia

  4                              with intent to create cloned

  5                              cellular telephones.

  6  825.102(1)         3rd      Abuse of an elderly person or

  7                              disabled adult.

  8  825.102(3)(c)      3rd      Neglect of an elderly person or

  9                              disabled adult.

10  825.1025(3)        3rd      Lewd or lascivious molestation of

11                              an elderly person or disabled

12                              adult.

13  825.103(2)(c)      3rd      Exploiting an elderly person or

14                              disabled adult and property is

15                              valued at less than $20,000.

16  827.03(1)          3rd      Abuse of a child.

17  827.03(3)(c)       3rd      Neglect of a child.

18  827.071(2)&(3)     2nd      Use or induce a child in a sexual

19                              performance, or promote or direct

20                              such performance.

21  836.05             2nd      Threats; extortion.

22  836.10             2nd      Written threats to kill or do

23                              bodily injury.

24  843.12             3rd      Aids or assists person to escape.

25  847.0135(3)        3rd      Solicitation of a child, via a

26                              computer service, to commit an

27                              unlawful sex act.

28  914.23             2nd      Retaliation against a witness,

29                              victim, or informant, with bodily

30                              injury.

31

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  1  943.0435(9)        3rd      Sex offenders; failure to comply

  2                              with reporting requirements.

  3  944.35(3)(a)2.     3rd      Committing malicious battery upon

  4                              or inflicting cruel or inhuman

  5                              treatment on an inmate or

  6                              offender on community

  7                              supervision, resulting in great

  8                              bodily harm.

  9  944.40             2nd      Escapes.

10  944.46             3rd      Harboring, concealing, aiding

11                              escaped prisoners.

12  944.47(1)(a)5.     2nd      Introduction of contraband

13                              (firearm, weapon, or explosive)

14                              into correctional facility.

15  951.22(1)          3rd      Intoxicating drug, firearm, or

16                              weapon introduced into county

17                              facility.

18                              (g)  LEVEL 7

19  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

20                              injury.

21  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

22                              bodily injury.

23  402.319(2)         2nd      Misrepresentation and negligence

24                              or intentional act resulting in

25                              great bodily harm, permanent

26                              disfiguration, permanent

27                              disability, or death.

28  409.920(2)         3rd      Medicaid provider fraud.

29  456.065(2)         3rd      Practicing a health care

30                              profession without a license.

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  1  456.065(2)         2nd      Practicing a health care

  2                              profession without a license

  3                              which results in serious bodily

  4                              injury.

  5  458.327(1)         3rd      Practicing medicine without a

  6                              license.

  7  459.013(1)         3rd      Practicing osteopathic medicine

  8                              without a license.

  9  460.411(1)         3rd      Practicing chiropractic medicine

10                              without a license.

11  461.012(1)         3rd      Practicing podiatric medicine

12                              without a license.

13  462.17             3rd      Practicing naturopathy without a

14                              license.

15  463.015(1)         3rd      Practicing optometry without a

16                              license.

17  464.016(1)         3rd      Practicing nursing without a

18                              license.

19  465.015(2)         3rd      Practicing pharmacy without a

20                              license.

21  466.026(1)         3rd      Practicing dentistry or dental

22                              hygiene without a license.

23  467.201            3rd      Practicing midwifery without a

24                              license.

25  468.366            3rd      Delivering respiratory care

26                              services without a license.

27  483.828(1)         3rd      Practicing as clinical laboratory

28                              personnel without a license.

29  483.901(9)         3rd      Practicing medical physics

30                              without a license.

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  1  484.053            3rd      Dispensing hearing aids without a

  2                              license.

  3  494.0018(2)        1st      Conviction of any violation of

  4                              ss. 494.001-494.0077 in which the

  5                              total money and property

  6                              unlawfully obtained exceeded

  7                              $50,000 and there were five or

  8                              more victims.

  9  560.123(8)(b)1.    3rd      Failure to report currency or

10                              payment instruments exceeding

11                              $300 but less than $20,000 by

12                              money transmitter.

13  560.125(5)(a)      3rd      Money transmitter business by

14                              unauthorized person, currency or

15                              payment instruments exceeding

16                              $300 but less than $20,000.

17  655.50(10)(b)1.    3rd      Failure to report financial

18                              transactions exceeding $300 but

19                              less than $20,000 by financial

20                              institution.

21  782.051(3)         2nd      Attempted felony murder of a

22                              person by a person other than the

23                              perpetrator or the perpetrator of

24                              an attempted felony.

25  782.07(1)          2nd      Killing of a human being by the

26                              act, procurement, or culpable

27                              negligence of another

28                              (manslaughter).

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  1  782.071            2nd      Killing of human being or viable

  2                              fetus by the operation of a motor

  3                              vehicle in a reckless manner

  4                              (vehicular homicide).

  5  782.072            2nd      Killing of a human being by the

  6                              operation of a vessel in a

  7                              reckless manner (vessel

  8                              homicide).

  9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

10                              causing great bodily harm or

11                              disfigurement.

12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

13                              weapon.

14  784.045(1)(b)      2nd      Aggravated battery; perpetrator

15                              aware victim pregnant.

16  784.048(4)         3rd      Aggravated stalking; violation of

17                              injunction or court order.

18  784.07(2)(d)       1st      Aggravated battery on law

19                              enforcement officer.

20  784.08(2)(a)       1st      Aggravated battery on a person 65

21                              years of age or older.

22  784.081(1)         1st      Aggravated battery on specified

23                              official or employee.

24  784.082(1)         1st      Aggravated battery by detained

25                              person on visitor or other

26                              detainee.

27  784.083(1)         1st      Aggravated battery on code

28                              inspector.

29  790.07(4)          1st      Specified weapons violation

30                              subsequent to previous conviction

31                              of s. 790.07(1) or (2).

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  1  790.16(1)          1st      Discharge of a machine gun under

  2                              specified circumstances.

  3  790.166(3)         2nd      Possessing, selling, using, or

  4                              attempting to use a hoax weapon

  5                              of mass destruction.

  6  796.03             2nd      Procuring any person under 16

  7                              years for prostitution.

  8  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

  9                              victim less than 12 years of age;

10                              offender less than 18 years.

11  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

12                              victim 12 years of age or older

13                              but less than 16 years; offender

14                              18 years or older.

15  806.01(2)          2nd      Maliciously damage structure by

16                              fire or explosive.

17  810.02(3)(a)       2nd      Burglary of occupied dwelling;

18                              unarmed; no assault or battery.

19  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

20                              unarmed; no assault or battery.

21  810.02(3)(d)       2nd      Burglary of occupied conveyance;

22                              unarmed; no assault or battery.

23  812.014(2)(a)      1st      Property stolen, valued at

24                              $100,000 or more; property stolen

25                              while causing other property

26                              damage; 1st degree grand theft.

27  812.014(2)(b)2.    2nd      Property stolen, emergency

28                              medical equipment; 2nd degree

29                              grand theft.

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  1  812.019(2)         1st      Stolen property; initiates,

  2                              organizes, plans, etc., the theft

  3                              of property and traffics in

  4                              stolen property.

  5  812.131(2)(a)      2nd      Robbery by sudden snatching.

  6  812.133(2)(b)      1st      Carjacking; no firearm, deadly

  7                              weapon, or other weapon.

  8  825.102(3)(b)      2nd      Neglecting an elderly person or

  9                              disabled adult causing great

10                              bodily harm, disability, or

11                              disfigurement.

12  825.1025(2)        2nd      Lewd or lascivious battery upon

13                              an elderly person or disabled

14                              adult.

15  825.103(2)(b)      2nd      Exploiting an elderly person or

16                              disabled adult and property is

17                              valued at $20,000 or more, but

18                              less than $100,000.

19  827.03(3)(b)       2nd      Neglect of a child causing great

20                              bodily harm, disability, or

21                              disfigurement.

22  827.04(3)          3rd      Impregnation of a child under 16

23                              years of age by person 21 years

24                              of age or older.

25  837.05(2)          3rd      Giving false information about

26                              alleged capital felony to a law

27                              enforcement officer.

28  872.06             2nd      Abuse of a dead human body.

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  1  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

  2                              cocaine (or other drug prohibited

  3                              under s. 893.03(1)(a), (1)(b),

  4                              (1)(d), (2)(a), (2)(b), or

  5                              (2)(c)4.) within 1,000 feet of a

  6                              child care facility or school.

  7  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

  8                              cocaine or other drug prohibited

  9                              under s. 893.03(1)(a), (1)(b),

10                              (1)(d), (2)(a), (2)(b), or

11                              (2)(c)4., within 1,000 feet of

12                              property used for religious

13                              services or a specified business

14                              site.

15  893.13(4)(a)       1st      Deliver to minor cocaine (or

16                              other s. 893.03(1)(a), (1)(b),

17                              (1)(d), (2)(a), (2)(b), or

18                              (2)(c)4. drugs).

19  893.135(1)(a)1.    1st      Trafficking in cannabis, more

20                              than 50 lbs., less than 2,000

21                              lbs.

22  893.135

23   (1)(b)1.a.        1st      Trafficking in cocaine, more than

24                              28 grams, less than 200 grams.

25  893.135

26   (1)(c)1.a.        1st      Trafficking in illegal drugs,

27                              more than 4 grams, less than 14

28                              grams.

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  1  893.135

  2   (1)(d)1.          1st      Trafficking in phencyclidine,

  3                              more than 28 grams, less than 200

  4                              grams.

  5  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

  6                              than 200 grams, less than 5

  7                              kilograms.

  8  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  9                              than 14 grams, less than 28

10                              grams.

11  893.135

12   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

13                              grams or more, less than 14

14                              grams.

15  893.135

16   (1)(h)1.a.        1st      Trafficking in

17                              gamma-hydroxybutyric acid (GHB),

18                              1 kilogram or more, less than 5

19                              kilograms.

20  893.135

21   (1)(i)1.a.        1st      Trafficking in 1,4-Butanediol, 1

22                              kilogram or more, less then 5

23                              kilograms.

24  893.135

25   (1)(j)2.a.        1st      Trafficking in Phenethylamines,

26                              10 grams or more, less than 200

27                              grams.

28  896.101(5)(a)      3rd      Money laundering, financial

29                              transactions exceeding $300 but

30                              less than $20,000.

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  1  896.104(4)(a)1.    3rd      Structuring transactions to evade

  2                              reporting or registration

  3                              requirements, financial

  4                              transactions exceeding $300 but

  5                              less than $20,000.

  6         Section 17.  Local task force on retail crime.--The

  7  Legislature encourages local law enforcement agencies to

  8  establish a task force on retail crime. The task force should

  9  act as an advisory body to study the problem of retail crime

10  and develop recommendations for handling retail crime and

11  theft in an expeditious and uniform manner. The task force

12  should submit its recommendations to the sheriff or chief

13  officer of the local law enforcement agency, the state

14  attorney, and the chief judge of the judicial circuit. The

15  sheriff or chief officer of the local law enforcement agency

16  should appoint the members of the task force. A majority of

17  the membership of the task force should consist of persons

18  actively engaged in a retail business or employees of persons

19  actively engaged in a retail business. The task force should

20  terminate existence upon completing its assignment.

21         Section 18.  If any provision of this act or the

22  applications thereof to any person or circumstance is held

23  invalid, the invalidity does not affect other provisions or

24  applications of the act which can be given effect without the

25  invalid provision or application, and to this end the

26  provisions of this act are declared severable.

27         Section 19.  This act shall take effect July 1, 2001.

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