HB 349

1	A bill to be entitled
2	An act relating to theft of property; amending s. 812.13,
3	F.S.; redefining the term "robbery" to include the
4	unlawful endeavoring to take property; providing that if
5	an offender threatens to use a weapon or firearm during
6	the course of a robbery, the offender commits a felony of
7	the first degree; providing penalties; amending ss.
8	812.131 and 812.133, F.S.; redefining the terms "robbery
9	by sudden snatching" and "carjacking" to include the
10	unlawful endeavoring to take property; reenacting s.
11	921.0022(3)(e), (f), (g), (h), and (i), F.S., relating to
12	the offense severity ranking chart of the Criminal
13	Punishment Code, to incorporate the amendments to ss.
14	812.13, 812.131, and 812.133, F.S., in references thereto;
15	providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Section 812.13, Florida Statutes, is amended to
20	read:
21	812.13  Robbery.--
22	(1)  "Robbery" means the taking of or endeavoring to take
23	money or other property that which may be the subject of larceny
24	from the person or custody of another, with intent to either
25	permanently or temporarily deprive the person or the owner of
26	the money or other property, when in the course of the taking or
27	endeavoring to take there is the use of force, violence,
28	assault, or putting in fear.
29	(2)(a)  If in the course of committing the robbery the
30	offender carried a firearm or other deadly weapon, then the
31	robbery is a felony of the first degree, punishable by
32	imprisonment for a term of years not exceeding life imprisonment
33	or as provided in s. 775.082, s. 775.083, or s. 775.084.
34	(b)  If in the course of committing the robbery the
35	offender carried a weapon or threatened to use a weapon or
36	firearm, then the robbery is a felony of the first degree,
37	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
38	(c)  If in the course of committing the robbery the
39	offender carried no firearm, deadly weapon, or other weapon or
40	did not threaten to use any weapon or firearm, then the robbery
41	is a felony of the second degree, punishable as provided in s.
42	775.082, s. 775.083, or s. 775.084.
43	(3)(a)  An act shall be deemed "in the course of committing
44	the robbery" if it occurs in an attempt to commit robbery or in
45	flight after the attempt or commission.
46	(b)  An act shall be deemed "in the course of the taking or
47	endeavoring to take" if it occurs before either prior to,
48	contemporaneous with, or after subsequent to the taking of or
49	endeavoring to take the property and if it and the act of taking
50	or endeavoring to take constitute a continuous series of acts or
51	events.
52	Section 2.  Section 812.131, Florida Statutes, is amended
53	to read:
54	812.131  Robbery by sudden snatching.--
55	(1)  "Robbery by sudden snatching" means the taking of or
56	endeavoring to take money or other property from the victim's
57	person, with intent to permanently or temporarily deprive the
58	victim or the owner of the money or other property, when, in the
59	course of the taking or endeavoring to take, the victim was or
60	became aware of the taking or endeavoring to take. In order to
61	satisfy this definition, it is not necessary to show that:
62	(a)  The offender used any amount of force beyond that
63	effort necessary to obtain possession of the money or other
64	property; or
65	(b)  There was any resistance offered by the victim to the
66	offender or that there was injury to the victim's person.
67	(2)(a)  If, in the course of committing a robbery by sudden
68	snatching, the offender carried a firearm or other deadly
69	weapon, the robbery by sudden snatching is a felony of the
70	second degree, punishable as provided in s. 775.082, s. 775.083,
71	or s. 775.084.
72	(b)  If, in the course of committing a robbery by sudden
73	snatching, the offender carried no firearm or other deadly
74	weapon, the robbery by sudden snatching is a felony of the third
75	degree, punishable as provided in s. 775.082, s. 775.083, or s.
76	775.084.
77	(3)(a)  An act shall be deemed "in the course of committing
78	a robbery by sudden snatching" if the act occurs in an attempt
79	to commit robbery by sudden snatching or in fleeing after the
80	attempt or commission.
81	(b)  An act shall be deemed "in the course of the taking or
82	endeavoring to take" if the act occurs before prior to,
83	contemporaneous with, or after subsequent to the taking of or
84	endeavoring to take the property and if it such act and the act
85	of taking or endeavoring to take constitute a continuous series
86	of acts or events.
87	Section 3.  Section 812.133, Florida Statutes, is amended
88	to read:
89	812.133  Carjacking.--
90	(1)  "Carjacking" means the taking of or endeavoring to
91	take a motor vehicle that which may be the subject of larceny
92	from the person or custody of another, with intent to either
93	permanently or temporarily deprive the person or the owner of
94	the motor vehicle, when in the course of the taking or
95	endeavoring to take there is the use of force, violence,
96	assault, or putting in fear.
97	(2)(a)  If in the course of committing the carjacking the
98	offender carried a firearm or other deadly weapon, then the
99	carjacking is a felony of the first degree, punishable by
100	imprisonment for a term of years not exceeding life imprisonment
101	or as provided in s. 775.082, s. 775.083, or s. 775.084.
102	(b)  If in the course of committing the carjacking the
103	offender carried no firearm, deadly weapon, or other weapon,
104	then the carjacking is a felony of the first degree, punishable
105	as provided in s. 775.082, s. 775.083, or s. 775.084.
106	(3)(a)  An act shall be deemed "in the course of committing
107	the carjacking" if it occurs in an attempt to commit carjacking
108	or in flight after the attempt or commission.
109	(b)  An act shall be deemed "in the course of the taking or
110	endeavoring to take" if it occurs before either prior to,
111	contemporaneous with, or after subsequent to the taking of or
112	endeavoring to take the property and if it and the act of taking
113	or endeavoring to take constitute a continuous series of acts or
114	events.
115	Section 4.  For the purpose of incorporating the amendments
116	made by this act to sections 812.13, 812.131, and 812.133,
117	Florida Statutes, in references thereto, paragraphs (e) through
118	(i) of subsection (3) of section 921.0022, Florida Statutes, are
119	reenacted to read:
120	921.0022  Criminal Punishment Code; offense severity
121	ranking chart.--
122	(3)  OFFENSE SEVERITY RANKING CHART
	Florida Felony
123
	Statute Degree Description
124
	(e)  LEVEL 5
125
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
126
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
127
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
128
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
129
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
130
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
131
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
132
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
133
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
134
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
135
	790.01(2) 3rd Carrying a concealed firearm.
136
	790.162 2nd Threat to throw or discharge destructive device.
137
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
138
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
139
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
140
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
141
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
142
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
143
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
144
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
145
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
146
	812.131(2)(b) 3rd Robbery by sudden snatching.
147
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
148
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
149
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
150
	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.
151
	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.
152
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
153
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
154
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
155
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
156
	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.
157
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
158
	847.0137(2)&(3) 3rd Transmission of pornography by electronic device or equipment.
159
	847.0138(2)&(3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
160
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
161
	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).
162
	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.
163
	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.
164
	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.
165
	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.
166
	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).
167
	(f)  LEVEL 6
168
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
169
	499.0051(3) 2nd Forgery of pedigree papers.
170
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
171
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
172
	775.0875(1) 3rd Taking firearm from law enforcement officer.
173
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
174
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
175
	784.041 3rd Felony battery.
176
	784.048(3) 3rd Aggravated stalking; credible threat.
177
	784.048(5) 3rd Aggravated stalking of person under 16.
178
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
179
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
180
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
181
	784.081(2) 2nd Aggravated assault on specified official or employee.
182
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
183
	784.083(2) 2nd Aggravated assault on code inspector.
184
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
185
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
186
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
187
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
188
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
189
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
190
	794.05(1) 2nd Unlawful sexual activity with specified minor.
191
	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.
192
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
193
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
194
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
195
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
196
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
197
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
198
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
199
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
200
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
201
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
202
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
203
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
204
	827.03(1) 3rd Abuse of a child.
205
	827.03(3)(c) 3rd Neglect of a child.
206
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
207
	836.05 2nd Threats; extortion.
208
	836.10 2nd Written threats to kill or do bodily injury.
209
	843.12 3rd Aids or assists person to escape.
210
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
211
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
212
	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.
213
	944.40 2nd Escapes.
214
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
215
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
216
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
217
	(g)  LEVEL 7
218
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
219
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
220
	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.
221
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
222
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
223
	409.920(2) 3rd Medicaid provider fraud.
224
	456.065(2) 3rd Practicing a health care profession without a license.
225
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
226
	458.327(1) 3rd Practicing medicine without a license.
227
	459.013(1) 3rd Practicing osteopathic medicine without a license.
228
	460.411(1) 3rd Practicing chiropractic medicine without a license.
229
	461.012(1) 3rd Practicing podiatric medicine without a license.
230
	462.17 3rd Practicing naturopathy without a license.
231
	463.015(1) 3rd Practicing optometry without a license.
232
	464.016(1) 3rd Practicing nursing without a license.
233
	465.015(2) 3rd Practicing pharmacy without a license.
234
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
235
	467.201 3rd Practicing midwifery without a license.
236
	468.366 3rd Delivering respiratory care services without a license.
237
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
238
	483.901(9) 3rd Practicing medical physics without a license.
239
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
240
	484.053 3rd Dispensing hearing aids without a license.
241
	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.
242
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
243
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
244
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
245
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
246
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
247
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
248
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
249
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
250
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
251
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
252
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
253
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
254
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
255
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
256
	784.048(7) 3rd Aggravated stalking; violation of court order.
257
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
258
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
259
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
260
	784.081(1) 1st Aggravated battery on specified official or employee.
261
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
262
	784.083(1) 1st Aggravated battery on code inspector.
263
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
264
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
265
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
266
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
267
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
268
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
269
	796.03 2nd Procuring any person under 16 years for prostitution.
270
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
271
	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.
272
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
273
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
274
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
275
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
276
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
277
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
278
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
279
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
280
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
281
	812.131(2)(a) 2nd Robbery by sudden snatching.
282
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
283
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
284
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
285
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
286
	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.
287
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
288
	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.
289
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
290
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
291
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
292
	838.015 2nd Bribery.
293
	838.016 2nd Unlawful compensation or reward for official behavior.
294
	838.021(3)(a) 2nd Unlawful harm to a public servant.
295
	838.22 2nd Bid tampering.
296
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
297
	872.06 2nd Abuse of a dead human body.
298
	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.
299
	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.
300
	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).
301
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
302
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
303
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
304
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
305
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
306
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
307
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
308
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
309
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
310
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
311
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
312
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
313
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
314
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
315
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
316
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
317
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
318
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
319
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
320
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
321
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
322
	(h)  LEVEL 8
323
	316.193(3)(c)3.a. 2nd DUI manslaughter.
324
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
325
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
326
	499.0051(7) 1st Forgery of prescription or legend drug labels.
327
	499.0052 1st Trafficking in contraband legend drugs.
328
	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.
329
	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.
330
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
331
	777.03(2)(a) 1st Accessory after the fact, capital felony.
332
	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.
333
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
334
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
335
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
336
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
337
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
338
	800.04(4) 2nd Lewd or lascivious battery.
339
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
340
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
341
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
342
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
343
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
344
	812.13(2)(b) 1st Robbery with a weapon.
345
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
346
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
347
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
348
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
349
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
350
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
351
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
352
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
353
	860.16 1st Aircraft piracy.
354
	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).
355
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
356
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
357
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
358
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
359
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
360
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
361
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
362
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
363
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
364
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
365
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
366
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
367
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
368
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
369
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
370
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
371
	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.
372
	(i)  LEVEL 9
373
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
374
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
375
	499.00535 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
376
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
377
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
378
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
379
	775.0844 1st Aggravated white collar crime.
380
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
381
	782.04(3) 1st,PBL robbery, burglary, and other specified felonies.
382
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
383
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
384
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
385
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
386
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
387
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
388
	790.161 1st Attempted capital destructive device offense.
389
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
390
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
391
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
392
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
393
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
394
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
395
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
396
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
397
	812.135(2)(b) 1st Home-invasion robbery with weapon.
398
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
399
	827.03(2) 1st Aggravated child abuse.
400
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
401
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
402
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
403
	893.135 1st Attempted capital trafficking offense.
404
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
405
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
406
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
407
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
408
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
409
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
410
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
411
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
412
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
413
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
414
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
415
416	Section 5.  This act shall take effect October 1, 2006.

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