HB 0295 2004
1	A bill to be entitled
2	An act relating to fleeing or attempting to elude a law
3	enforcement officer; amending s. 316.1935, F.S.; providing
4	an additional classification for the offense of fleeing or
5	attempting to elude a law enforcement officer; providing
6	an additional classification for the offense of aggravated
7	fleeing or eluding; providing and revising elements of the
8	offenses; providing and revising criminal penalties for
9	the offenses of fleeing or attempting to elude a law
10	enforcement officer and aggravated fleeing or eluding with
11	serious bodily injury or death; providing for a minimum
12	period of incarceration in certain circumstances involving
13	serious bodily injury or death; providing an affirmative
14	defense to fleeing or attempting to elude a law
15	enforcement office under certain circumstances;
16	prohibiting courts from suspending, deferring, or
17	withholding adjudication of guilt or imposition of
18	sentence in certain circumstances; providing for seizure
19	and forfeiture of certain motor vehicles as contraband in
20	certain circumstances; amending s. 921.0022, F.S.; ranking
21	and revising fleeing or attempting to elude a law
22	enforcement officer offense classifications on the offense
23	severity ranking chart of the Criminal Punishment Code;
24	ranking the offense of aggravated fleeing or eluding with
25	serious bodily injury or death on the offense severity
26	ranking chart of the Criminal Punishment Code; reenacting
27	ss. 318.17(1) and 322.61(1)(d), F.S.; incorporating the
28	amendment to s. 316.1935, F.S., in references thereto;
29	providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1. Section 316.1935, Florida Statutes, is amended
34	to read:
35	316.1935 Fleeing or attempting to elude a law enforcement
36	officer; aggravated fleeing or andeluding.--
37	(1) It is unlawful for the operator of any vehicle, having
38	knowledge that he or she has been ordered to stop such vehicle
39	by a duly authorized law enforcement officer, willfully to
40	refuse or fail to stop the vehicle in compliance with such order
41	or, having stopped in knowing compliance with such order,
42	willfully to flee in an attempt to elude the officer, and a
43	person who violates this subsection commits a felony misdemeanor
44	of the third first degree, punishable as provided in s. 775.082,
45	or s. 775.083, or s. 775.084.
46	(2) Any person who willfully flees or attempts to elude a
47	law enforcement officer in an authorized law enforcement patrol
48	vehicle, with or withoutagency insignia and other
49	jurisdictional markings prominently displayed on the vehicle,
50	with siren and lights activated commits a felony of the third
51	degree, punishable as provided in s. 775.082, s. 775.083, or s.
52	775.084. It is an affirmative defense to a prosecution under
53	this subsection that the person, having been ordered to stop his
54	or her vehicle by a law enforcement officer in an authorized law
55	enforcement patrol vehicle with lights and sirens activated, but
56	without agency insignia or other jurisdictional markings
57	prominently displayed on the vehicle, proceeded in a safe and
58	lawful manner to a well-lit or populated area prior to stopping
59	his or her vehicle.
60	(3) Any person who willfully flees or attempts to elude a
61	law enforcement officer in an authorized law enforcement patrol
62	vehicle, with or withoutagency insignia and other
63	jurisdictional markings prominently displayed on the vehicle,
64	with siren and lights activated, and during the course of the
65	fleeing or attempted eluding:
66	(a)Drives at high speed, or in any manner which
67	demonstrates a wanton disregard for the safety of persons or
68	property,commits a felony of the second degree, punishable as
69	provided in s. 775.082, s. 775.083, or s. 775.084.
70	(b) Drives at high speed, or in any manner which
71	demonstrates a wanton disregard for the safety of persons or
72	property, and causes serious bodily injury or death to another
73	person, including any law enforcement officer involved in
74	pursuing or otherwise attempting to effect a stop of the
75	person's vehicle, commits a felony of the first degree,
76	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
77	Notwithstanding any other provision of law, the court shall
78	sentence any person convicted of committing the offense
79	described in this paragraph to a mandatory minimum sentence of 3
80	years imprisonment. Nothing in this paragraph shall prevent a
81	court from imposing a greater sentence of incarceration as
82	authorized by law.
83	(4) Any person who, in the course of unlawfully leaving or
84	attempting to leave the scene of a crash in violation of s.
85	316.027 or s. 316.061, having knowledge of an order to stop by a
86	duly authorized law enforcement officer,:
87	(a)willfully refuses or fails to stop in compliance with
88	such an order, or having stopped in knowing compliance with such
89	order, willfully flees in an attempt to elude such officer; and,
90	(b) as a result of such fleeing or eluding:,
91	(a)Causes injury to another person or causes damage to
92	any property belonging to another person,commits aggravated
93	fleeing or eluding, a felony of the second degree, punishable as
94	provided in s. 775.082, s. 775.083, or s. 775.084.
95	(b) Causes serious bodily injury or death to another
96	person, including any law enforcement officer involved in
97	pursuing or otherwise attempting to effect a stop of the
98	person's vehicle, commits aggravated fleeing or eluding with
99	serious bodily injury or death, a felony of the first degree,
100	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
101
102	The felony of aggravated fleeing or eluding and the felony of
103	aggravated fleeing or eluding with serious bodily injury or
104	death constitute constitutes a separate offenses offensefor
105	which a person may be charged, in addition to the offenses under
106	ss. 316.027 and 316.061, relating to offense ofunlawfully
107	leaving the scene of a crash,which the person had been in the
108	course of committing or attempting to commit when the order to
109	stop was given. Notwithstanding any other provision of law, the
110	court shall sentence any person convicted of committing
111	aggravated fleeing or eluding with serious bodily injury or
112	death to a mandatory minimum sentence of 3 years imprisonment.
113	Nothing in this subsection shall prevent a court from imposing a
114	greater sentence of incarceration as authorized by law.
115	(5) The court shall may revoke, for a period not less than
116	to exceed 1 year nor exceeding 5 years, the driver's license of
117	any operator of a motor vehicle convicted of a violation of
118	subsection (1), subsection (2), subsection (3), or subsection
119	(4).
120	(6) Notwithstanding s. 948.01, no court may suspend,
121	defer, or withhold adjudication of guilt or imposition of
122	sentence for any violation of this section. A person convicted
123	and sentenced to a mandatory minimum term of incarceration under
124	paragraph (3)(b) or paragraph (4)(b) is not eligible for
125	statutory gain-time under s. 944.275 or any form of
126	discretionary early release, other than pardon or executive
127	clemency or conditional medical release under s. 947.149, prior
128	to serving the mandatory minimum sentence.
129	(7) Any motor vehicle involved in a violation of this
130	section is deemed to be contraband, which may be seized by a law
131	enforcement agency and is subject to forfeiture pursuant to ss.
132	932.701-932.704. Any vehicle not required to be titled under the
133	laws of this state is presumed to be the property of the person
134	in possession of the vehicle.
135	Section 2. Paragraphs (a), (c), (d), (e), (g), and (h) of
136	subsection (3) of section 921.0022, Florida Statutes, are
137	amended to read:
138	921.0022 Criminal Punishment Code; offense severity
139	ranking chart.--
140	(3) OFFENSE SEVERITY RANKING CHART
141	FloridaStatute FelonyDegree Description
142	(a) LEVEL 1
143	24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
144	212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
145	212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
146	316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
147	319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
148	319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
149	320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
150	322.212(1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification.
151	322.212(4) 3rd Supply or aid in supplying unauthorized driver's license or identification card.
152	322.212(5)(a) 3rd False application for driver's license or identification card.
153	370.13(2)(c)1. 3rd Molest any stone crab trap, line, or buoy which is property of licenseholder.
154	370.135(1) 3rd Molest any blue crab trap, line, or buoy which is property of licenseholder.
155	372.663(1) 3rd Poach any alligator or crocodilia.
156	414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200.
157	414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
158	443.071(1) 3rd False statement or representation to obtain or increase unemployment compensation benefits.
159	509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
160	517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
161	562.27(1) 3rd Possess still or still apparatus.
162	713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
163	812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
164	812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
165	815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
166	817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
167	817.569(2) 3rd Use of public record or public records information to facilitate commission of a felony.
168	826.01 3rd Bigamy.
169	828.122(3) 3rd Fighting or baiting animals.
170	831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
171	831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
172	832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
173	832.05(2)(b)&(4) (c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
174	838.15(2) 3rd Commercial bribe receiving.
175	838.16 3rd Commercial bribery.
176	843.18 3rd Fleeing by boat to elude a law enforcement officer.
177	847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
178	849.01 3rd Keeping gambling house.
179	849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
180	849.23 3rd Gambling-related machines; "common offender" as to property rights.
181	849.25(2) 3rd Engaging in bookmaking.
182	860.08 3rd Interfere with a railroad signal.
183	860.13(1)(a) 3rd Operate aircraft while under the influence.
184	893.13(2)(a)2. 3rd Purchase of cannabis.
185	893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
186	934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
187	(c) LEVEL 3
188	119.10(3) 3rd Unlawful use of confidential information from police reports.
189	316.066(3)(d)-(f) 3rd Unlawfully obtaining or using confidential crash reports.
190	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
191	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
192	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
193	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
194	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
195	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
196	327.35(2)(b) 3rd Felony BUI.
197	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
198	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
199	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.
200	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
201	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
202	400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
203	440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation claims.
204	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
205	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
206	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
207	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
208	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
209	697.08 3rd Equity skimming.
210	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
211	796.05(1) 3rd Live on earnings of a prostitute.
212	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
213	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
214	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
215	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
216	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
217	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
218	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
219	817.233 3rd Burning to defraud insurer.
220	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
221	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
222	817.236 3rd Filing a false motor vehicle insurance application.
223	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
224	817.413(2) 3rd Sale of used goods as new.
225	817.505(4) 3rd Patient brokering.
226	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
227	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
228	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
229	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
230	843.19 3rd Injure, disable, or kill police dog or horse.
231	860.15(3) 3rd Overcharging for repairs and parts.
232	870.01(2) 3rd Riot; inciting or encouraging.
233	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).
234	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.
235	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.
236	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
237	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
238	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
239	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
240	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
241	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.
242	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.
243	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
244	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.
245	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
246	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
247	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
248	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
249	(d) LEVEL 4
250	316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a marked patrol vehicle with siren and lights activated.
251	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
252	499.0051(2) 3rd Failure to authenticate pedigree papers.
253	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
254	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
255	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
256	784.075 3rd Battery on detention or commitment facility staff.
257	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
258	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
259	784.081(3) 3rd Battery on specified official or employee.
260	784.082(3) 3rd Battery by detained person on visitor or other detainee.
261	784.083(3) 3rd Battery on code inspector.
262	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
263	787.03(1) 3rd Interference with custody; wrongly takes child from appointed guardian.
264	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
265	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
266	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
267	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
268	790.115(2)(c) 3rd Possessing firearm on school property.
269	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
270	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
271	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
272	810.06 3rd Burglary; possession of tools.
273	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
274	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
275	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
276	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
277	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
278	817.568(2)(a) 3rd Fraudulent use of personal identification information.
279	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
280	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
281	837.02(1) 3rd Perjury in official proceedings.
282	837.021(1) 3rd Make contradictory statements in official proceedings.
283	838.022 3rd Official misconduct.
284	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
285	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
286	843.021 3rd Possession of a concealed handcuff key by a person in custody.
287	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
288	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
289	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
290	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).
291	914.14(2) 3rd Witnesses accepting bribes.
292	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
293	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
294	918.12 3rd Tampering with jurors.
295	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
296	(e) LEVEL 5
297	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
298	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
299	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
300	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
301	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
302	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
303	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
304	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
305	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
306	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
307	790.01(2) 3rd Carrying a concealed firearm.
308	790.162 2nd Threat to throw or discharge destructive device.
309	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
310	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
311	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
312	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
313	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
314	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
315	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
316	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
317	812.019(1) 2nd Stolen property; dealing in or trafficking in.
318	812.131(2)(b) 3rd Robbery by sudden snatching.
319	812.16(2) 3rd Owning, operating, or conducting a chop shop.
320	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
321	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
322	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.
323	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.
324	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
325	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
326	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
327	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.
328	843.01 3rd Resist officer with violence to person; resist arrest with violence.
329	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
330	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).
331	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.
332	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.
333	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.
334	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.
335	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).
336	(g) LEVEL 7
337	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
338	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
339	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
340	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
341	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
342	409.920(2) 3rd Medicaid provider fraud.
343	456.065(2) 3rd Practicing a health care profession without a license.
344	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
345	458.327(1) 3rd Practicing medicine without a license.
346	459.013(1) 3rd Practicing osteopathic medicine without a license.
347	460.411(1) 3rd Practicing chiropractic medicine without a license.
348	461.012(1) 3rd Practicing podiatric medicine without a license.
349	462.17 3rd Practicing naturopathy without a license.
350	463.015(1) 3rd Practicing optometry without a license.
351	464.016(1) 3rd Practicing nursing without a license.
352	465.015(2) 3rd Practicing pharmacy without a license.
353	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
354	467.201 3rd Practicing midwifery without a license.
355	468.366 3rd Delivering respiratory care services without a license.
356	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
357	483.901(9) 3rd Practicing medical physics without a license.
358	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
359	484.053 3rd Dispensing hearing aids without a license.
360	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.
361	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
362	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
363	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
364	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
365	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
366	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
367	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
368	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
369	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
370	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
371	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
372	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
373	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
374	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
375	784.081(1) 1st Aggravated battery on specified official or employee.
376	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
377	784.083(1) 1st Aggravated battery on code inspector.
378	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
379	790.16(1) 1st Discharge of a machine gun under specified circumstances.
380	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
381	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
382	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
383	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
384	796.03 2nd Procuring any person under 16 years for prostitution.
385	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
386	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.
387	806.01(2) 2nd Maliciously damage structure by fire or explosive.
388	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
389	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
390	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
391	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.
392	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
393	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
394	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
395	812.131(2)(a) 2nd Robbery by sudden snatching.
396	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
397	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
398	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
399	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
400	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.
401	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
402	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.
403	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
404	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
405	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
406	838.015 2nd Bribery.
407	838.016 2nd Unlawful compensation or reward for official behavior.
408	838.021(3)(a) 2nd Unlawful harm to a public servant.
409	838.22 2nd Bid tampering.
410	872.06 2nd Abuse of a dead human body.
411	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.
412	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.
413	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).
414	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
415	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
416	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
417	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
418	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
419	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
420	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
421	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
422	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
423	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
424	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
425	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
426	(h) LEVEL 8
427	316.193(3)(c)3.a. 2nd DUI manslaughter.
428	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
429	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
430	499.0051(7) 1st Forgery of prescription or legend drug labels.
431	499.0052 1st Trafficking in contraband legend drugs.
432	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
433	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
434	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
435	777.03(2)(a) 1st Accessory after the fact, capital felony.
436	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
437	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
438	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
439	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
440	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
441	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
442	800.04(4) 2nd Lewd or lascivious battery.
443	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
444	810.02(2)(a) 1st,PBL Burglary with assault or battery.
445	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
446	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
447	812.13(2)(b) 1st Robbery with a weapon.
448	812.135(2) 1st Home-invasion robbery.
449	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
450	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
451	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
452	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
453	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
454	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
455	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
456	860.16 1st Aircraft piracy.
457	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
458	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
459	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
460	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
461	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
462	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
463	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
464	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
465	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
466	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
467	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
468	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
469	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
470	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
471	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
472	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
473	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
474	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
475	Section 3. For the purpose of incorporating the amendment
476	to section 316.1935, Florida Statutes, in a reference thereto,
477	subsection (1) of section 318.17, Florida Statutes, is reenacted
478	to read:
479	318.17 Offenses excepted.--No provision of this chapter is
480	available to a person who is charged with any of the following
481	offenses:
482	(1) Fleeing or attempting to elude a police officer, in
483	violation of s. 316.1935;
484	Section 4. For the purpose of incorporating the amendment
485	to section 316.1935, Florida Statutes, in a reference thereto,
486	paragraph (d) of subsection (1) of section 322.61, Florida
487	Statutes, is reenacted to read:
488	322.61 Disqualification from operating a commercial motor
489	vehicle.--
490	(1) A person who, within a 3-year period, is convicted of
491	two of the following serious traffic violations or any
492	combination thereof, arising in separate incidents committed in
493	a commercial motor vehicle shall, in addition to any other
494	applicable penalties, be disqualified from operating a
495	commercial motor vehicle for a period of 60 days:
496	(d) Fleeing or attempting to elude a law enforcement
497	officer, as defined in s. 316.1935;
498	Section 5. This act shall take effect July 1, 2004, and
499	shall apply to offenses committed on or after that date.