HB 399

1	A bill to be entitled
2	An act relating to criminal offenses; providing a short
3	title; creating s. 775.0847, F.S.; providing for the
4	reclassification of felonies committed against the elderly
5	or disabled; amending s. 784.08, F.S.; providing for the
6	reclassification of misdemeanors committed against persons
7	65 years of age or older; amending s. 812.0145, F.S.;
8	providing for a mandatory term of imprisonment for certain
9	thefts against persons 65 years of age or older; amending
10	s. 825.103, F.S.; providing for a mandatory term of
11	imprisonment for certain acts of exploitation against an
12	elderly person or disabled adult; amending ss. 775.0877
13	and 921.0022, F.S., relating to orders for HIV testing for
14	certain offenses and the sentencing guidelines; revising
15	an offense description and conforming cross-references to
16	changes made by the act; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  This act may be cited as "The Seniors' Safety
21	Act."
22	Section 2.  Section 775.0847, Florida Statutes, is created
23	to read:
24	775.0847  Felonies committed against the elderly or
25	disabled; reclassification of offenses.--Whenever a person is
26	charged with committing a felony offense upon a person 65 years
27	of age or older or an elderly person or disabled adult as
28	defined in chapter 825, regardless of whether the person charged
29	knew or had reason to know the age, infirmity, or disability of
30	the victim, the offense for which the person is charged shall be
31	reclassified as follows:
32	(1)  In the case of a felony of the third degree, the
33	offense is reclassified to a felony of the second degree.
34	(2)  In the case of a felony of the second degree, the
35	offense is reclassified to a felony of the first degree.
36	(3)  In the case of a felony of the first degree, the
37	offense is reclassified to a felony of the first degree,
38	punishable by life imprisonment.
39	Section 3.  Subsection (2) of section 784.08, Florida
40	Statutes, is amended to read:
41	784.08  Assault or battery on persons 65 years of age or
42	older; reclassification of offenses; minimum sentence.--
43	(2)  Whenever a person is charged with committing an
44	assault or aggravated assault or a battery or aggravated battery
45	upon a person 65 years of age or older, regardless of whether
46	the person charged knew he or she knows or had has reason to
47	know the age of the victim, the offense for which the person is
48	charged shall be reclassified as follows:
49	(a)  In the case of aggravated battery, from a felony of
50	the second degree to a felony of the first degree.
51	(b)  In the case of aggravated assault, from a felony of
52	the third degree to a felony of the second degree.
53	(a)(c)  In the case of battery, from a misdemeanor of the
54	first degree to a felony of the third degree.
55	(b)(d)  In the case of assault, from a misdemeanor of the
56	second degree to a misdemeanor of the first degree.
57	Section 4.  Section 812.0145, Florida Statutes, is amended
58	to read:
59	812.0145  Theft from persons 65 years of age or older;
60	penalties reclassification of offenses.--
61	(1)  A person who is convicted of theft of more than $1,000
62	from a person 65 years of age or older shall be ordered by the
63	sentencing judge to make restitution to the victim of such
64	offense and to perform up to 500 hours of community service
65	work.  Restitution and community service work shall be in
66	addition to any fine or sentence which may be imposed and shall
67	not be in lieu thereof.
68	(2)  Notwithstanding any other law, if the funds, assets,
69	or property involved in a theft from a person 65 years of age or
70	older is valued at $10,000 or more, the court shall sentence the
71	offender to a mandatory minimum term of imprisonment of 3 years.
72	However, the mandatory term of imprisonment does not apply to
73	the theft of one or more motor vehicles, regardless of
74	associated value. Whenever a person is charged with committing
75	theft from a person 65 years of age or older, when he or she
76	knows or has reason to believe that the victim was 65 years of
77	age or older, the offense for which the person is charged shall
78	be reclassified as follows:
79	(a)  This subsection does not prevent a court from imposing
80	a greater sentence of incarceration as authorized by law. If the
81	funds, assets, or property involved in the theft from a person
82	65 years of age or older is valued at $50,000 or more, the
83	offender commits a felony of the first degree, punishable as
84	provided in s. 775.082, s. 775.083, or s. 775.084.
85	(b)  If the minimum mandatory term of imprisonment imposed
86	under this section exceeds the maximum sentence authorized by s.
87	775.082, s. 775.084, or the Criminal Punishment Code under
88	chapter 921, the mandatory minimum sentence must be imposed. If
89	the mandatory minimum term of imprisonment under this section is
90	less than the sentence authorized by s. 775.082, s. 775.084, or
91	the Criminal Punishment Code under chapter 921, the sentence
92	imposed by the court must include the mandatory minimum term of
93	imprisonment required in this subsection. If the funds, assets,
94	or property involved in the theft from a person 65 years of age
95	or older is valued at $10,000 or more, but less than $50,000,
96	the offender commits a felony of the second degree, punishable
97	as provided in s. 775.082, s. 775.083, or s. 775.084.
98	(c)  If the funds, assets, or property involved in the
99	theft from a person 65 years of age or older is valued at $300
100	or more, but less than $10,000, the offender commits a felony of
101	the third degree, punishable as provided in s. 775.082, s.
102	775.083, or s. 775.084.
103	Section 5.  Subsections (3) and (4) are added to section
104	825.103, Florida Statutes, to read:
105	825.103  Exploitation of an elderly person or disabled
106	adult; penalties.--
107	(3)  Notwithstanding any other law, if the funds, assets,
108	or property involved in the exploitation of an elderly person or
109	a disabled adult is valued at $10,000 or more, the court shall
110	sentence the offender to a mandatory minimum term of
111	imprisonment of 3 years.
112	(4)  If the minimum mandatory term of imprisonment imposed
113	under subsection (3) exceeds the maximum sentence authorized by
114	s. 775.082, s. 775.084, or the Criminal Punishment Code under
115	chapter 921, the mandatory minimum sentence must be imposed. If
116	the mandatory minimum term of imprisonment under this section is
117	less than the sentence authorized by s. 775.082, s. 775.084, or
118	the Criminal Punishment Code under chapter 921, the sentence
119	imposed by the court must include the mandatory minimum term of
120	imprisonment required in subsection (3). This subsection does
121	not prevent a court from imposing a greater sentence of
122	incarceration as authorized by law.
123	Section 6.  Subsection (1) of section 775.0877, Florida
124	Statutes, is amended to read:
125	775.0877  Criminal transmission of HIV; procedures;
126	penalties.--
127	(1)  In any case in which a person has been convicted of or
128	has pled nolo contendere or guilty to, regardless of whether
129	adjudication is withheld, any of the following offenses, or the
130	attempt thereof, which offense or attempted offense involves the
131	transmission of body fluids from one person to another:
132	(a)  Section 794.011, relating to sexual battery,
133	(b)  Section 826.04, relating to incest,
134	(c)  Section 800.04(1), (2), and (3), relating to lewd,
135	lascivious, or indecent assault or act upon any person less than
136	16 years of age,
137	(d)  Sections 784.011, 784.07(2)(a), and 784.08(2)(b)
138	784.08(2)(d), relating to assault,
139	(e)  Sections 784.021 and, 784.07(2)(c), and 784.08(2)(b),
140	relating to aggravated assault,
141	(f)  Sections 784.03, 784.07(2)(b), and 784.08(2)(a)
142	784.08(2)(c), relating to battery,
143	(g)  Sections 784.045 and, 784.07(2)(d), and 784.08(2)(a),
144	relating to aggravated battery,
145	(h)  Section 827.03(1), relating to child abuse,
146	(i)  Section 827.03(2), relating to aggravated child abuse,
147	(j)  Section 825.102(1), relating to abuse of an elderly
148	person or disabled adult,
149	(k)  Section 825.102(2), relating to aggravated abuse of an
150	elderly person or disabled adult,
151	(l)  Section 827.071, relating to sexual performance by
152	person less than 18 years of age,
153	(m)  Sections 796.03, 796.07, and 796.08, relating to
154	prostitution, or
155	(n)  Section 381.0041(11)(b), relating to donation of
156	blood, plasma, organs, skin, or other human tissue,
157
158	the court shall order the offender to undergo HIV testing, to be
159	performed under the direction of the Department of Health in
160	accordance with s. 381.004, unless the offender has undergone
161	HIV testing voluntarily or under pursuant to procedures
162	established in s. 381.004(3)(h)6. or s. 951.27, or any other
163	applicable law or rule providing for HIV testing of criminal
164	offenders or inmates, subsequent to her or his arrest for an
165	offense enumerated in paragraphs (a)-(n) for which she or he was
166	convicted or to which she or he pled nolo contendere or guilty.
167	The results of an HIV test performed on an offender under
168	pursuant to this subsection are not admissible in any criminal
169	proceeding arising out of the alleged offense.
170	Section 7.  Paragraphs (b), (c), (d), (e), (f), and (g) of
171	subsection (3) of section 921.0022, Florida Statutes, are
172	amended to read:
173	921.0022  Criminal Punishment Code; offense severity
174	ranking chart.--
175	(3)  OFFENSE SEVERITY RANKING CHART
	Florida Felony
176
	Statute Degree Description
177
	(b)  LEVEL 2
178
	370.12(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
179
	370.12(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
180
	403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
181
	517.07 3rd Registration of securities and furnishing of prospectus required.
182
	590.28(1) 3rd Intentional or reckless burning of lands Willful, malicious, or intentional burning.
183
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
184
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
185
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
186
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
187
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
188
	812.014(2)(c)1 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
189
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
190
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
191
	817.234(1)(a)2 3rd False statement in support of insurance claim.
192
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
193
	817.52(3) 3rd Failure to redeliver hired vehicle.
194
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
195
	817.60(5) 3rd Dealing in credit cards of another.
196
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
197
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
198
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
199
	831.01 3rd Forgery.
200
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
201
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
202
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
203
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
204
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
205
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
206
	843.08 3rd Falsely impersonating an officer.
207
	893.13(2)(a)2. 3rd Purchase of any 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 other than cannabis.
208
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
209
	(c)  LEVEL 3
210
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
211
	316.066(3)(d)-(f) 3rd Unlawfully obtaining or using confidential crash reports.
212
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
213
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
214
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
215
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
216
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
217
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
218
	327.35(2)(b) 3rd Felony BUI.
219
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
220
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
221
	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.
222
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
223
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
224
	400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
225
	440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation claims.
226
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
227
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
228
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
229
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
230
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
231
	697.08 3rd Equity skimming.
232
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
233
	796.05(1) 3rd Live on earnings of a prostitute.
234
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
235
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
236
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
237
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
238
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
239
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
240
	817.034(4)(a)3 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
241
	817.233 3rd Burning to defraud insurer.
242
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
243
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
244
	817.236 3rd Filing a false motor vehicle insurance application.
245
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
246
	817.413(2) 3rd Sale of used goods as new.
247
	817.505(4) 3rd Patient brokering.
248
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
249
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
250
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
251
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
252
	843.19 3rd Injure, disable, or kill police dog or horse.
253
	860.15(3) 3rd Overcharging for repairs and parts.
254
	870.01(2) 3rd Riot; inciting or encouraging.
255
	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).
256
	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.
257
	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.
258
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
259
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
260
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
261
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
262
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
263
	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.
264
	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.
265
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
266
	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.
267
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
268
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
269
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
270
	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
271
	(d)  LEVEL 4
272
	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 patrol vehicle with siren and lights activated.
273
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
274
	499.0051(2) 3rd Failure to authenticate pedigree papers.
275
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
276
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
277
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
278
	784.075 3rd Battery on detention or commitment facility staff.
279
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
280
	784.08(2)(a)(c) 3rd Battery on a person 65 years of age or older.
281
	784.081(3) 3rd Battery on specified official or employee.
282
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
283
	784.083(3) 3rd Battery on code inspector.
284
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
285
	787.03(1) 3rd Interference with custody; wrongly takes child from appointed guardian.
286
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
287
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
288
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
289
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
290
	790.115(2)(c) 3rd Possessing firearm on school property.
291
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
292
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
293
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
294
	810.06 3rd Burglary; possession of tools.
295
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
296
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
297
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
298
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
299
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
300
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
301
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
302
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
303
	837.02(1) 3rd Perjury in official proceedings.
304
	837.021(1) 3rd Make contradictory statements in official proceedings.
305
	838.022 3rd Official misconduct.
306
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
307
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
308
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
309
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
310
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
311
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
312
	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).
313
	914.14(2) 3rd Witnesses accepting bribes.
314
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
315
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
316
	918.12 3rd Tampering with jurors.
317
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
318
	(e)  LEVEL 5
319
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
320
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
321
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
322
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
323
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
324
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
325
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
326
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
327
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
328
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
329
	790.01(2) 3rd Carrying a concealed firearm.
330
	790.162 2nd Threat to throw or discharge destructive device.
331
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
332
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
333
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
334
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
335
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
336
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
337
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
338
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
339
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
340
	812.131(2)(b) 3rd Robbery by sudden snatching.
341
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
342
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
343
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
344
	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.
345
	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.
346
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
347
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
348
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
349
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
350
	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.
351
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
352
	847.0137(2)&(3) 3rd Transmission of pornography by electronic device or equipment.
353
	847.0138(2)&(3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
354
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
355
	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).
356
	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.
357
	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.
358
	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.
359
	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.
360
	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).
361
	(f)  LEVEL 6
362
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
363
	499.0051(3) 2nd Forgery of pedigree papers.
364
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
365
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
366
	775.0875(1) 3rd Taking firearm from law enforcement officer.
367
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
368
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
369
	784.041 3rd Felony battery.
370
	784.048(3) 3rd Aggravated stalking; credible threat.
371
	784.048(5) 3rd Aggravated stalking of person under 16.
372
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
373
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
374
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
375
	784.081(2) 2nd Aggravated assault on specified official or employee.
376
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
377
	784.083(2) 2nd Aggravated assault on code inspector.
378
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
379
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
380
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
381
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
382
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
383
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
384
	794.05(1) 2nd Unlawful sexual activity with specified minor.
385
	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.
386
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
387
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
388
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
389
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
390
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
391
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
392
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
393
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
394
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
395
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
396
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
397
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
398
	827.03(1) 3rd Abuse of a child.
399
	827.03(3)(c) 3rd Neglect of a child.
400
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
401
	836.05 2nd Threats; extortion.
402
	836.10 2nd Written threats to kill or do bodily injury.
403
	843.12 3rd Aids or assists person to escape.
404
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
405
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
406
	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.
407
	944.40 2nd Escapes.
408
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
409
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
410
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
411
	(g)  LEVEL 7
412
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
413
	316.193(3)(c)2 3rd DUI resulting in serious bodily injury.
414
	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.
415
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
416
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
417
	409.920(2) 3rd Medicaid provider fraud.
418
	456.065(2) 3rd Practicing a health care profession without a license.
419
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
420
	458.327(1) 3rd Practicing medicine without a license.
421
	459.013(1) 3rd Practicing osteopathic medicine without a license.
422
	460.411(1) 3rd Practicing chiropractic medicine without a license.
423
	461.012(1) 3rd Practicing podiatric medicine without a license.
424
	462.17 3rd Practicing naturopathy without a license.
425
	463.015(1) 3rd Practicing optometry without a license.
426
	464.016(1) 3rd Practicing nursing without a license.
427
	465.015(2) 3rd Practicing pharmacy without a license.
428
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
429
	467.201 3rd Practicing midwifery without a license.
430
	468.366 3rd Delivering respiratory care services without a license.
431
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
432
	483.901(9) 3rd Practicing medical physics without a license.
433
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
434
	484.053 3rd Dispensing hearing aids without a license.
435
	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.
436
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
437
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
438
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
439
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
440
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
441
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
442
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
443
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
444
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
445
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
446
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
447
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
448
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
449
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
450
	784.048(7) 3rd Aggravated stalking; violation of court order.
451
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
452
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
453
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
454
	784.081(1) 1st Aggravated battery on specified official or employee.
455
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
456
	784.083(1) 1st Aggravated battery on code inspector.
457
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
458
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
459
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
460
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
461
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
462
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
463
	796.03 2nd Procuring any person under 16 years for prostitution.
464
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
465
	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.
466
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
467
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
468
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
469
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
470
	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.
471
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
472
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
473
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
474
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
475
	812.131(2)(a) 2nd Robbery by sudden snatching.
476
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
477
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
478
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
479
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
480
	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.
481
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
482
	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.
483
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
484
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
485
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
486
	838.015 2nd Bribery.
487
	838.016 2nd Unlawful compensation or reward for official behavior.
488
	838.021(3)(a) 2nd Unlawful harm to a public servant.
489
	838.22 2nd Bid tampering.
490
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
491
	872.06 2nd Abuse of a dead human body.
492
	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.
493
	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.
494
	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).
495
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
496
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
497
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
498
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
499
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
500
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
501
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
502
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
503
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
504
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
505
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
506
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
507
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
508
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
509
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
510
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
511
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
512
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
513
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
514
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
515
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
516
517	Section 8.  This act shall take effect July 1, 2006.

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