HB 1893

1	A bill to be entitled
2	An act relating to criminal offenses; providing a popular
3	name; creating s. 775.0847, F.S.; providing for
4	reclassification of felony offenses committed against
5	persons 65 years of age or older, elderly persons, and
6	disabled adults; amending s. 784.08, F.S.; providing for
7	the reclassification of misdemeanor assault and battery
8	offenses when committed against persons 65 years of age or
9	older; deleting provisions related to the reclassification
10	of the felony offenses of aggravated assault and
11	aggravated battery when committed against persons 65 years
12	of age or older, to conform; amending s. 812.0145, F.S.;
13	providing for a mandatory term of imprisonment upon
14	conviction of certain theft offenses when committed
15	against persons 65 years of age or older; amending s.
16	825.103, F.S.; providing for a mandatory term of
17	imprisonment upon conviction of certain acts of
18	exploitation against an elderly person or disabled adult;
19	amending ss. 775.0877 and 921.0022, F.S.; revising cross
20	references, to conform; providing applicability; providing
21	an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  This act shall be known by the popular name the
26	"Seniors' Safety Act."
27	Section 2.  Section 775.0847, Florida Statutes, is created
28	to read:
29	775.0847  Felony offenses committed against the elderly or
30	disabled; reclassification of offenses.--Whenever a person is
31	charged with committing a felony offense upon a person who is 65
32	years of age or older or who is an elderly person or disabled
33	adult, as those terms are defined in s. 825.101, regardless of
34	whether the person charged knew or had reason to know of the
35	age, infirmity, or disability of the victim, the offense for
36	which the person is charged shall be reclassified as follows:
37	(1)  In the case of a felony of the third degree, the
38	offense is reclassified to a felony of the second degree.
39	(2)  In the case of a felony of the second degree, the
40	offense is reclassified to a felony of the first degree.
41	(3)  In the case of a felony of the first degree, the
42	offense is reclassified to a felony of the first degree,
43	punishable by life imprisonment.
44	Section 3.  Subsection (2) of section 784.08, Florida
45	Statutes, is amended to read:
46	784.08  Assault or battery on persons 65 years of age or
47	older; reclassification of offenses; minimum sentence.--
48	(2)  Whenever a person is charged with committing an
49	assault or aggravated assault or a battery or aggravated battery
50	upon a person 65 years of age or older, regardless of whether he
51	or she knows or has reason to know the age of the victim, the
52	offense for which the person is charged shall be reclassified as
53	follows:
54	(a)  In the case of aggravated battery, from a felony of
55	the second degree to a felony of the first degree.
56	(b)  In the case of aggravated assault, from a felony of
57	the third degree to a felony of the second degree.
58	(a)(c)  In the case of battery, from a misdemeanor of the
59	first degree to a felony of the third degree.
60	(b)(d)  In the case of assault, from a misdemeanor of the
61	second degree to a misdemeanor of the first degree.
62	Section 4.  Section 812.0145, Florida Statutes, is amended
63	to read:
64	812.0145  Theft from persons 65 years of age or older;
65	penalties reclassification of offenses.--
66	(1)  A person who is convicted of theft of more than $1,000
67	from a person 65 years of age or older shall be ordered by the
68	sentencing judge to make restitution to the victim of such
69	offense and to perform up to 500 hours of community service
70	work. Restitution and community service work shall be in
71	addition to any fine or sentence which may be imposed and shall
72	not be in lieu thereof.
73	(2)  Notwithstanding any other provision of law, if the
74	funds, assets, or property involved in a theft from a person 65
75	years of age or older is valued at $10,000 or more, the court
76	shall sentence the offender to a mandatory minimum term of
77	imprisonment of 3 years. However, this mandatory minimum term of
78	imprisonment does not apply to the theft of one or more motor
79	vehicles, regardless of associated value. Whenever a person is
80	charged with committing theft from a person 65 years of age or
81	older, when he or she knows or has reason to believe that the
82	victim was 65 years of age or older, the offense for which the
83	person is charged shall be reclassified as follows:
84	(a)  This subsection does not prevent a court from imposing
85	a greater sentence of incarceration as authorized by law If the
86	funds, assets, or property involved in the theft from a person
87	65 years of age or older is valued at $50,000 or more, the
88	offender commits a felony of the first degree, punishable as
89	provided in s. 775.082, s. 775.083, or s. 775.084.
90	(b)  If the mandatory minimum term of imprisonment imposed
91	under this subsection exceeds the maximum sentence authorized by
92	s. 775.082, s. 775.084, or the Criminal Punishment Code under
93	chapter 921, the mandatory minimum term of imprisonment must be
94	imposed. If the mandatory minimum term of imprisonment under
95	this subsection is less than the sentence that could be imposed
96	as authorized by s. 775.082, s. 775.084, or the Criminal
97	Punishment Code under chapter 921, the sentence imposed by the
98	court must include the mandatory minimum term of imprisonment as
99	required in this subsection If the funds, assets, or property
100	involved in the theft from a person 65 years of age or older is
101	valued at $10,000 or more, but less than $50,000, the offender
102	commits a felony of the second degree, punishable as provided in
103	s. 775.082, s. 775.083, or s. 775.084.
104	(c)  If the funds, assets, or property involved in the
105	theft from a person 65 years of age or older is valued at $300
106	or more, but less than $10,000, the offender commits a felony of
107	the third degree, punishable as provided in s. 775.082, s.
108	775.083, or s. 775.084.
109	Section 5.  Subsections (3) and (4) are added to section
110	825.103, Florida Statutes, to read:
111	825.103  Exploitation of an elderly person or disabled
112	adult; penalties.--
113	(3)  Notwithstanding any other provision of law, if the
114	funds, assets, or property involved in the exploitation of an
115	elderly person or a disabled adult is valued at $10,000 or more,
116	the court shall sentence the offender to a mandatory minimum
117	term of imprisonment of 3 years.
118	(4)  This section does not prevent a court from imposing a
119	greater sentence of incarceration as authorized by law. If the
120	mandatory minimum term of imprisonment imposed pursuant to
121	subsection (3) exceeds the maximum sentence authorized by s.
122	775.082, s. 775.084, or the Criminal Punishment Code under
123	chapter 921, the mandatory minimum term of imprisonment must be
124	imposed. If the mandatory minimum term of imprisonment under
125	this section is less than the sentence that could be imposed as
126	authorized by s. 775.082, s. 775.084, or the Criminal Punishment
127	Code under chapter 921, the sentence imposed by the court must
128	include the mandatory minimum term of imprisonment as required
129	in subsection (3).
130	Section 6.  Subsection (1) of section 775.0877, Florida
131	Statutes, is amended to read:
132	775.0877  Criminal transmission of HIV; procedures;
133	penalties.--
134	(1)  In any case in which a person has been convicted of or
135	has pled nolo contendere or guilty to, regardless of whether
136	adjudication is withheld, any of the following offenses, or the
137	attempt thereof, which offense or attempted offense involves the
138	transmission of body fluids from one person to another:
139	(a)  Section 794.011, relating to sexual battery,
140	(b)  Section 826.04, relating to incest,
141	(c)  Section 800.04(1), (2), and (3), relating to lewd,
142	lascivious, or indecent assault or act upon any person less than
143	16 years of age,
144	(d)  Sections 784.011, 784.07(2)(a), and 784.08(2)(b)(d),
145	relating to assault,
146	(e)  Sections 784.021 and, 784.07(2)(c), and 784.08(2)(b),
147	relating to aggravated assault,
148	(f)  Sections 784.03, 784.07(2)(b), and 784.08(2)(a)(c),
149	relating to battery,
150	(g)  Sections 784.045 and, 784.07(2)(d), and 784.08(2)(a),
151	relating to aggravated battery,
152	(h)  Section 827.03(1), relating to child abuse,
153	(i)  Section 827.03(2), relating to aggravated child abuse,
154	(j)  Section 825.102(1), relating to abuse of an elderly
155	person or disabled adult,
156	(k)  Section 825.102(2), relating to aggravated abuse of an
157	elderly person or disabled adult,
158	(l)  Section 827.071, relating to sexual performance by
159	person less than 18 years of age,
160	(m)  Sections 796.03, 796.07, and 796.08, relating to
161	prostitution, or
162	(n)  Section 381.0041(11)(b), relating to donation of
163	blood, plasma, organs, skin, or other human tissue,
164
165	the court shall order the offender to undergo HIV testing, to be
166	performed under the direction of the Department of Health in
167	accordance with s. 381.004, unless the offender has undergone
168	HIV testing voluntarily or pursuant to procedures established in
169	s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
170	rule providing for HIV testing of criminal offenders or inmates,
171	subsequent to her or his arrest for an offense enumerated in
172	paragraphs (a)-(n) for which she or he was convicted or to which
173	she or he pled nolo contendere or guilty. The results of an HIV
174	test performed on an offender pursuant to this subsection are
175	not admissible in any criminal proceeding arising out of the
176	alleged offense.
177	Section 7.  Paragraphs (c) through (g) of subsection (3) of
178	section 921.0022, Florida Statutes, are amended to read:
179	921.0022  Criminal Punishment Code; offense severity
180	ranking chart.--
181	(3)  OFFENSE SEVERITY RANKING CHART
182
	FloridaStatute FelonyDegree Description
183
	(c)  LEVEL 3
184
	119.10(3) 3rd Unlawful use of confidential information from police reports.
185
	316.066  (3)(d)-(f) 3rd Unlawfully obtaining or using confidential crash reports.
186
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
187
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
188
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
189
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
190
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
191
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
192
	327.35(2)(b) 3rd Felony BUI.
193
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
194
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
195
	370.12(1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
196
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
197
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
198
	400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
199
	440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation claims.
200
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
201
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
202
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
203
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
204
	626.902  (1)(a) & (b) 3rd Representing an unauthorized insurer.
205
	697.08 3rd Equity skimming.
206
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
207
	796.05(1) 3rd Live on earnings of a prostitute.
208
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
209
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
210
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
211
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
212
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
213
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
214
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
215
	817.233 3rd Burning to defraud insurer.
216
	817.234  (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
217
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
218
	817.236 3rd Filing a false motor vehicle insurance application.
219
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
220
	817.413(2) 3rd Sale of used goods as new.
221
	817.505(4) 3rd Patient brokering.
222
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
223
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
224
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
225
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
226
	843.19 3rd Injure, disable, or kill police dog or horse.
227
	860.15(3) 3rd Overcharging for repairs and parts.
228
	870.01(2) 3rd Riot; inciting or encouraging.
229
	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
230
	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
231
	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
232
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
233
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
234
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
235
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
236
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
237
	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
238
	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
239
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
240
	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
241
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
242
	944.47  (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
243
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
244
	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
245
	(d)  LEVEL 4
246
	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.
247
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
248
	499.0051(2) 3rd Failure to authenticate pedigree papers.
249
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
250
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
251
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
252
	784.075 3rd Battery on detention or commitment facility staff.
253
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
254
	784.08(2)(a)(c) 3rd Battery on a person 65 years of age or older.
255
	784.081(3) 3rd Battery on specified official or employee.
256
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
257
	784.083(3) 3rd Battery on code inspector.
258
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
259
	787.03(1) 3rd Interference with custody; wrongly takes child from appointed guardian.
260
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
261
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
262
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
263
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
264
	790.115(2)(c) 3rd Possessing firearm on school property.
265
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
266
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
267
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
268
	810.06 3rd Burglary; possession of tools.
269
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
270
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
271
	812.014  (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
272
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
273
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
274
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
275
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
276
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
277
	837.02(1) 3rd Perjury in official proceedings.
278
	837.021(1) 3rd Make contradictory statements in official proceedings.
279
	838.022 3rd Official misconduct.
280
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
281
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
282
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
283
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
284
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
285
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
286
	893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
287
	914.14(2) 3rd Witnesses accepting bribes.
288
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
289
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
290
	918.12 3rd Tampering with jurors.
291
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
292
	(e)  LEVEL 5
293
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
294
	316.1935(4) 2nd Aggravated fleeing or eluding.
295
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
296
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
297
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
298
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
299
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
300
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
301
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
302
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
303
	790.01(2) 3rd Carrying a concealed firearm.
304
	790.162 2nd Threat to throw or discharge destructive device.
305
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
306
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
307
	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
308
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
309
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
310
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
311
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
312
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
313
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
314
	812.131(2)(b) 3rd Robbery by sudden snatching.
315
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
316
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
317
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
318
	817.2341(1),  (2)(a)&(3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
319
	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
320
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
321
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
322
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
323
	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
324
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
325
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
326
	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
327
	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
328
	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
329
	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
330
	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
331
	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
332
	(f)  LEVEL 6
333
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
334
	499.0051(3) 2nd Forgery of pedigree papers.
335
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
336
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
337
	775.0875(1) 3rd Taking firearm from law enforcement officer.
338
	775.21(10) 3rd Sexual predators; failure to register; failure to renew driver's license or identification card.
339
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
340
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
341
	784.041 3rd Felony battery.
342
	784.048(3) 3rd Aggravated stalking; credible threat.
343
	784.048(5) 3rd Aggravated stalking of person under 16.
344
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
345
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
346
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
347
	784.081(2) 2nd Aggravated assault on specified official or employee.
348
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
349
	784.083(2) 2nd Aggravated assault on code inspector.
350
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
351
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
352
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
353
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
354
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
355
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
356
	794.05(1) 2nd Unlawful sexual activity with specified minor.
357
	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.
358
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
359
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
360
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
361
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
362
	812.014(2)(b)2. 2nd Property stolen; cargo valued at less than $50,000, grand theft in 2nd degree.
363
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
364
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
365
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
366
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
367
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
368
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
369
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
370
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
371
	827.03(1) 3rd Abuse of a child.
372
	827.03(3)(c) 3rd Neglect of a child.
373
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
374
	836.05 2nd Threats; extortion.
375
	836.10 2nd Written threats to kill or do bodily injury.
376
	843.12 3rd Aids or assists person to escape.
377
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
378
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
379
	943.0435(9) 3rd Sex offenders; failure to comply with reporting requirements.
380
	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.
381
	944.40 2nd Escapes.
382
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
383
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
384
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
385
	(g)  LEVEL 7
386
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
387
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
388
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
389
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
390
	409.920(2) 3rd Medicaid provider fraud.
391
	456.065(2) 3rd Practicing a health care profession without a license.
392
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
393
	458.327(1) 3rd Practicing medicine without a license.
394
	459.013(1) 3rd Practicing osteopathic medicine without a license.
395
	460.411(1) 3rd Practicing chiropractic medicine without a license.
396
	461.012(1) 3rd Practicing podiatric medicine without a license.
397
	462.17 3rd Practicing naturopathy without a license.
398
	463.015(1) 3rd Practicing optometry without a license.
399
	464.016(1) 3rd Practicing nursing without a license.
400
	465.015(2) 3rd Practicing pharmacy without a license.
401
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
402
	467.201 3rd Practicing midwifery without a license.
403
	468.366 3rd Delivering respiratory care services without a license.
404
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
405
	483.901(9) 3rd Practicing medical physics without a license.
406
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
407
	484.053 3rd Dispensing hearing aids without a license.
408
	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.
409
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
410
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
411
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
412
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
413
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
414
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
415
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
416
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
417
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
418
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
419
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
420
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
421
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
422
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
423
	784.081(1) 1st Aggravated battery on specified official or employee.
424
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
425
	784.083(1) 1st Aggravated battery on code inspector.
426
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
427
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
428
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
429
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
430
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
431
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
432
	796.03 2nd Procuring any person under 16 years for prostitution.
433
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
434
	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.
435
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
436
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
437
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
438
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
439
	812.014(2)(a) 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
440
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
441
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
442
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
443
	812.131(2)(a) 2nd Robbery by sudden snatching.
444
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
445
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
446
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
447
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
448
	817.2341  (2)(b)&(3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
449
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
450
	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.
451
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
452
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
453
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
454
	838.015 2nd Bribery.
455
	838.016 2nd Unlawful compensation or reward for official behavior.
456
	838.021(3)(a) 2nd Unlawful harm to a public servant.
457
	838.22 2nd Bid tampering.
458
	872.06 2nd Abuse of a dead human body.
459
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
460
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
461
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
462
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
463
	893.135  (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
464
	893.135  (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
465
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
466
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
467
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
468
	893.135  (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
469
	893.135  (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
470
	893.135  (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
471
	893.135  (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
472
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
473
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
474
475	Section 8.  This act shall take effect July 1, 2004, and
476	shall apply to offenses committed on or after that date.

CODING: Words stricken are deletions; words underlined are additions.