CS/HB 1231

1	A bill to be entitled
2	An act relating to prostitution; creating s. 796.011,
3	F.S.; providing definitions; amending s. 796.03, F.S.;
4	increasing penalties for procuring a minor for
5	prostitution; amending s. 796.04, F.S.; providing enhanced
6	penalties for forcing, compelling, or coercing another to
7	become a prostitute; amending and redesignating s.
8	796.035, F.S., and amending s. 796.045, F.S.; increasing
9	penalties for selling or buying minors into sex
10	trafficking or prostitution; revising provisions relating
11	to sex trafficking; increasing penalties; amending s.
12	796.05, F.S.; revising provisions prohibiting deriving
13	support or maintenance from earnings of prostitution;
14	amending s. 796.06, F.S.; revising provisions prohibiting
15	rental of certain facilities for prohibited activities;
16	prohibiting the owner or operator of any adult
17	entertainment establishment from allowing it to be used
18	for advertising, facilitating, soliciting, promoting, or
19	arranging certain prohibited activities; providing
20	penalties; prohibiting persons having direct control over
21	or the ability to edit the content of a web page from
22	allowing it to be used for advertising, facilitating,
23	soliciting, promoting, or arranging certain prohibited
24	activities; providing penalties; amending s. 796.07, F.S.;
25	revising provisions prohibiting prostitution, lewdness,
26	and assignation; amending s. 796.09, F.S.; revising
27	provisions providing a civil action against persons who
28	coerce or induce certain activities; providing for actions
29	against the owner or operator of any adult entertainment
30	establishment used to facilitate certain prohibited
31	activities or persons having direct control over or the
32	ability to edit the content of a web page used to
33	facilitate certain prohibited activities; requiring the
34	award of attorney's fees and costs to prevailing
35	plaintiffs; creating s. 796.101, F.S.; providing that
36	certain information provided by persons with knowledge
37	relating to certain violations or information discovered
38	as a result of such information may not be used against
39	such persons in certain proceedings; providing exceptions;
40	providing applicability; creating s. 796.11, F.S.;
41	requiring the Department of Law Enforcement to create a
42	website containing certain information about persons
43	convicted of specified violations; prohibiting disclosure
44	of otherwise confidential and exempt information;
45	providing certain immunity from liability; creating s.
46	938.14, F.S.; providing for an assessment to be paid by
47	violators of specified provisions; providing for
48	disposition and use of funds; amending s. 938.10, F.S.,
49	relating to additional court costs imposed in cases of
50	certain crimes against minors, to conform; amending s.
51	772.102, F.S.; expanding the definition of the term
52	"criminal activity" to include the offense of facilitating
53	certain offenses for purposes of seeking civil remedies
54	for criminal offenses; amending s. 895.02, F.S.;
55	redefining the term "racketeering activity" to revise the
56	offenses included for purposes of the Florida RICO Act;
57	amending s. 932.7055, F.S.; providing for disposition of
58	portions of forfeited property to persons providing
59	material information concerning specified violations and
60	to state attorneys prosecuting such violations; amending
61	ss. 322.28, 775.21, 943.0435, 944.606, and 944.607, F.S.;
62	conforming cross-references; amending s. 921.0022, F.S.;
63	conforming the offense severity ranking chart of the
64	Criminal Punishment Code; providing an effective date.
65
66	Be It Enacted by the Legislature of the State of Florida:
67
68	Section 1.  Section 796.011, Florida Statutes, is created
69	to read:
70	796.011  Definitions.--As used in this chapter, the term:
71	(1)  "Assignation" means the making of any appointment or
72	engagement for prostitution or lewdness, or any act in
73	furtherance of such appointment or engagement.
74	(2)  "Coercion" means any practice of domination or
75	restraint for the purpose of or with the reasonably foreseeable
76	effect of causing another person to engage in or remain in
77	prostitution or to relinquish earnings derived from
78	prostitution, and includes, but is not limited to:
79	(a)  Physical force or threat of physical force.
80	(b)  Physical or mental torture.
81	(c)  Kidnapping.
82	(d)  Blackmail.
83	(e)  Extortion or claims of indebtedness.
84	(f)  Threat of legal complaint or report of delinquency.
85	(g)  Threat to interfere with parental rights or
86	responsibilities, whether by judicial or administrative action
87	or otherwise.
88	(h)  Restraint of speech or communication with others.
89	(i)  Exploitation of a condition of developmental
90	disability, cognitive limitation, affective disorder, or
91	substance dependency.
92	(j)  Exploitation of victimization by sexual abuse.
93	(k)  Exploitation of pornographic performance.
94	(l)  Exploitation of human needs for food, shelter, safety,
95	or affection.
96	(3)  "Inducement" means something offered for the purpose
97	of or with the reasonably foreseeable effect of causing another
98	person to engage in or remain in prostitution or to relinquish
99	earnings derived from prostitution, and includes, but is not
100	limited to:
101	(a)  Promise of legal benefit.
102	(b)  Promise of financial or material reward.
103	(c)  Promise of marriage.
104	(4)  "Lewdness" means any indecent or obscene act.
105	(5)  "Prostitution" means the giving or receiving of the
106	body for sexual activity for hire; however, the term does not
107	include sexual activity between spouses.
108	(6)  "Sexual activity" means oral, anal, or vaginal
109	penetration by, or union with, the sexual organ of another; anal
110	or vaginal penetration of another by any other object; or the
111	handling or fondling of the sexual organ of another for the
112	purpose of masturbation; however, the term does not include acts
113	done for bona fide medical purposes.
114	Section 2.  Section 796.03, Florida Statutes, is amended to
115	read:
116	796.03  Procuring minor person under age of 18 for
117	prostitution.--A person who procures for prostitution, or causes
118	to be prostituted, any minor person who is under the age of 18
119	years commits a felony of the first second degree, punishable as
120	provided in s. 775.082, s. 775.083, or s. 775.084.
121	Section 3.  Section 796.04, Florida Statutes, is amended to
122	read:
123	796.04  Forcing, compelling, or coercing another to become
124	a prostitute.--
125	(1)  After May 1, 1943, It is shall be unlawful for anyone
126	to force, compel, or coerce another to become a prostitute.
127	(2)  A person anyone violating this section commits shall
128	be guilty of a felony of the first third degree, punishable as
129	provided in s. 775.082, s. 775.083, or s. 775.084.
130	Section 4.  Section 796.035, Florida Statutes, is
131	redesignated as paragraph (b) of subsection (2) of section
132	796.045, Florida Statutes, and amended, and section 796.045,
133	Florida Statutes, is amended, to read:
134	796.045  Sex trafficking; penalties.--
135	(1)  Except as provided subsection (2), any person who
136	knowingly recruits, entices, harbors, transports, provides, or
137	obtains by any means a person, knowing that force, fraud, or
138	coercion will be used to cause that person to engage in
139	prostitution, commits the offense of sex trafficking, a felony
140	of the first second degree, punishable as provided in s.
141	775.082, s. 775.083, or s. 775.084.
142	(2)(a)  Any A person who violates subsection (1) and
143	commits a felony of the first degree, punishable as provided in
144	s. 775.082, s. 775.083, or s. 775.084, if the offense of sex
145	trafficking is committed against a minor person who is under the
146	age of 14 or if the such offense results in death; or.
147	(b)  796.035  Selling or buying of minors into sex
148	trafficking or prostitution; penalties.--Any parent, legal
149	guardian, or other person having custody or control of a minor
150	who sells or otherwise transfers custody or control of such
151	minor, or offers to sell or otherwise transfer custody of such
152	minor, with knowledge that, as a consequence of the sale or
153	transfer, force, fraud, or coercion will be used to cause the
154	minor to engage in prostitution or otherwise participate in the
155	trade of sex trafficking,
156
157	commits a life felony of the first degree, punishable as
158	provided in s. 775.082, s. 775.083, or s. 775.084.
159	Section 5.  Subsection (1) of section 796.05, Florida
160	Statutes, is amended to read:
161	796.05  Deriving support from the proceeds of
162	prostitution.--
163	(1)  It shall be unlawful for any person with reasonable
164	belief or knowing another person is engaged in prostitution to
165	live or derive support or maintenance in whole or in part,
166	directly or indirectly, from what is believed to be the earnings
167	or proceeds of such person's prostitution.
168	Section 6.  Section 796.06, Florida Statutes, is amended to
169	read:
170	796.06  Furthering activity prohibited under this chapter
171	Renting space to be used for lewdness, assignation, or
172	prostitution.--
173	(1)  Any person who owns, establishes, maintains, lets,
174	rents, or operates It is unlawful to let, or rent any place,
175	structure, or part thereof, or trailer or other conveyance and
176	who knows or should know, with the knowledge that it will be
177	used for the purpose of activity prohibited under this chapter
178	commits a felony of the third degree, punishable as provided in
179	s. 775.082, s. 775.083, or s. 775.084 lewdness, assignation, or
180	prostitution.
181	(2)  The owner or operator of any adult entertainment
182	establishment as defined in s. 847.001 who knows or should know
183	that the establishment is being used, in whole or in part, for
184	the purpose of advertising, facilitating, soliciting, promoting,
185	or arranging any activity prohibited under this chapter, whether
186	or not the owner or operator derives income from the prohibited
187	activity, commits a felony of the third degree, punishable as
188	provided in s. 775.082, s. 775.083, or s. 775.084.
189	(3)  Any person having direct control over or the ability
190	to edit the content of a web page who places, causes to be
191	placed, or allows to remain, after notification of activity
192	prohibited under this chapter, any language or other content on
193	such web page for the purpose of advertising, facilitating,
194	soliciting, promoting, or arranging any activity prohibited by
195	this chapter, whether or not the person in control derives
196	income from the prohibited language, content, or activity,
197	commits a felony of the third degree, punishable as provided in
198	s. 775.082, s. 775.083, or s. 775.084.
199	(2)  A person who violates this section commits:
200	(a)  A misdemeanor of the second degree for a first
201	violation, punishable as provided in s. 775.082 or s. 775.083.
202	(b)  A misdemeanor of the first degree for a second or
203	subsequent violation, punishable as provided in s. 775.082 or s.
204	775.083.
205	Section 7.  Section 796.07, Florida Statutes, is amended to
206	read:
207	796.07  Prohibiting prostitution, lewdness, and assignation
208	etc.; evidence; penalties; definitions.--
209	(1)  As used in this section:
210	(a)  "Prostitution" means the giving or receiving of the
211	body for sexual activity for hire but excludes sexual activity
212	between spouses.
213	(b)  "Lewdness" means any indecent or obscene act.
214	(c)  "Assignation" means the making of any appointment or
215	engagement for prostitution or lewdness, or any act in
216	furtherance of such appointment or engagement.
217	(d)  "Sexual activity" means oral, anal, or vaginal
218	penetration by, or union with, the sexual organ of another; anal
219	or vaginal penetration of another by any other object; or the
220	handling or fondling of the sexual organ of another for the
221	purpose of masturbation; however, the term does not include acts
222	done for bona fide medical purposes.
223	(1)(2)  It is unlawful for a person:
224	(a)  To own, establish, maintain, or operate any place,
225	structure, building, or conveyance for the purpose of lewdness,
226	assignation, or prostitution.
227	(a)(b)  To offer, or to offer or agree to secure, any other
228	person another for the purpose of prostitution, lewdness, or
229	assignation or for any other lewd or indecent act.
230	(b)(c)  To receive, or to offer or agree to receive, any
231	person into any place, structure, building, or trailer or other
232	conveyance for the purpose of prostitution, lewdness, or
233	assignation, or to permit any person to remain there for such
234	purpose.
235	(c)(d)  To direct, take, or transport, or to offer or agree
236	to direct, take, or transport, any person to any place,
237	structure, or building, or trailer or other conveyance or to any
238	other person, with knowledge or reasonable cause to believe that
239	the purpose of such directing, taking, or transporting is
240	prostitution, lewdness, or assignation.
241	(d)(e)  To offer to commit, or to commit, or to engage in,
242	prostitution, lewdness, or assignation.
243	(e)(f)  To solicit, induce, entice, or procure any other
244	person another to commit prostitution, lewdness, or assignation,
245	other than as prohibited in ss. 796.04 and 796.045.
246	(f)(g)  To reside in, enter, or remain in, any place,
247	structure, or building, or to enter or remain in any trailer or
248	other conveyance, for the purpose of prostitution, lewdness, or
249	assignation.
250	(g)(h)  To aid, abet, or participate, other than as
251	provided in s. 796.06, in prostitution, lewdness, or assignation
252	any of the acts or things enumerated in this subsection.
253	(h)(i)  To purchase the services of any person, other than
254	as prohibited in s. 796.03, engaged in prostitution.
255	(2)(3)(a)  In the trial of a person charged with a
256	violation of this section, testimony concerning the reputation
257	of any place, structure, building, or trailer or other
258	conveyance involved in the charge, testimony concerning the
259	reputation of any person residing in, operating, or frequenting
260	such place, structure, building, or trailer or other conveyance,
261	and testimony concerning the reputation of the defendant is
262	admissible in evidence in support of the charge.
263	(b)  Notwithstanding any other provision of law, a police
264	officer may testify as an offended party in an action regarding
265	charges filed pursuant to this section.
266	(3)(4)  A person who violates any provision of this section
267	commits:
268	(a)  A misdemeanor of the second degree for a first
269	violation, punishable as provided in s. 775.082 or s. 775.083.
270	(b)  A misdemeanor of the first degree for a second
271	violation, punishable as provided in s. 775.082 or s. 775.083.
272	(c)  A felony of the third degree for a third or subsequent
273	violation, punishable as provided in s. 775.082, s. 775.083, or
274	s. 775.084.
275	(4)(5)  A person who is charged with a third or subsequent
276	violation of this section shall be offered admission to a
277	pretrial intervention program or a substance-abuse treatment
278	program as provided in s. 948.08.
279	(5)(6)  A person who violates paragraph (1)(e) (2)(f) shall
280	be assessed a civil penalty of $500 if the violation results in
281	any judicial disposition other than acquittal or dismissal. The
282	proceeds from penalties assessed under this subsection shall be
283	paid to the circuit court administrator for the sole purpose of
284	paying the administrative costs of treatment-based drug court
285	programs provided under s. 397.334.
286	Section 8.  Section 796.09, Florida Statutes, is amended to
287	read:
288	796.09  Coercion or inducement; civil cause of action;
289	evidence; defenses; attorney's fees.--
290	(1)  A person has a cause of action for compensatory and
291	punitive damages against any or all of the following:
292	(a)  A person who coerced or induced that person into
293	prostitution.;
294	(b)  A person who coerces or induces that person to remain
295	in prostitution.; or
296	(c)  A person who uses coercion or inducement to collect or
297	receive any part of that person's earnings derived from
298	prostitution.
299	(d)  The owner or operator of any adult entertainment
300	establishment as defined in s. 847.001 who knows or should know
301	that the establishment is being used, in whole or in part, for
302	the purpose of advertising, facilitating, soliciting, promoting,
303	or arranging any activity prohibited under this chapter
304	involving that person, whether or not the owner or operator
305	derives income from the activity.
306	(e)  Any person having direct control over or the ability
307	to edit the content of a web page who places, causes to be
308	placed, maintains, or allows to remain, after notification of
309	activity prohibited under this chapter, any language or other
310	content on such web page for the purpose of advertising,
311	facilitating, soliciting, promoting, or arranging any activity
312	prohibited by this chapter involving that person, whether or not
313	the person in control derives income from the prohibited
314	language, content, or activity.
315	(2)  As used in this section, the term "prostitution" has
316	the same meaning as in s. 796.07.
317	(3)  As used in this section, the term "coercion" means any
318	practice of domination, restraint, or inducement for the purpose
319	of or with the reasonably foreseeable effect of causing another
320	person to engage in or remain in prostitution or to relinquish
321	earnings derived from prostitution, and includes, but is not
322	limited to:
323	(a)  Physical force or threats of physical force.
324	(b)  Physical or mental torture.
325	(c)  Kidnapping.
326	(d)  Blackmail.
327	(e)  Extortion or claims of indebtedness.
328	(f)  Threat of legal complaint or report of delinquency.
329	(g)  Threat to interfere with parental rights or
330	responsibilities, whether by judicial or administrative action
331	or otherwise.
332	(h)  Promise of legal benefit.
333	(i)  Promise of greater financial rewards.
334	(j)  Promise of marriage.
335	(k)  Restraint of speech or communication with others.
336	(l)  Exploitation of a condition of developmental
337	disability, cognitive limitation, affective disorder, or
338	substance dependency.
339	(m)  Exploitation of victimization by sexual abuse.
340	(n)  Exploitation of pornographic performance.
341	(o)  Exploitation of human needs for food, shelter, safety,
342	or affection.
343	(2)(4)  In the course of litigation under this section, any
344	transaction about which a plaintiff testifies or produces
345	evidence does not subject such plaintiff to criminal prosecution
346	or any penalty or forfeiture. Further, any testimony or
347	evidence, documentary or otherwise, or information directly or
348	indirectly derived from such testimony or evidence which is
349	given or produced by a plaintiff or a witness for a plaintiff
350	shall not be used against these persons in any other
351	investigation or proceeding. Such testimony or evidence,
352	however, may be used against a plaintiff or a witness for a
353	plaintiff upon any criminal investigation or proceeding for
354	perjury committed while giving such testimony or producing such
355	evidence.
356	(3)(5)  It does not constitute a defense to a complaint
357	under this section that:
358	(a)  The plaintiff was paid or otherwise compensated for
359	acts of prostitution or other acts prohibited under this
360	chapter;
361	(b)  The plaintiff engaged in acts of prostitution or other
362	acts prohibited under this chapter prior to any involvement with
363	the defendant; or
364	(c)  The plaintiff made no attempt to escape, flee, or
365	otherwise terminate contact with the defendant; or.
366	(d)  The plaintiff stipulated or otherwise agreed that the
367	prohibited acts did not occur as a result of coercion or
368	inducement.
369	(4)(6)  Evidence of convictions for prostitution or other
370	acts prohibited under this chapter or prostitution-related
371	offenses are inadmissible in a proceeding brought under this
372	section for purposes of attacking the plaintiff's credibility.
373	(5)(7)  In any action brought under this section, the court
374	shall, in its discretion, may award prevailing plaintiffs
375	reasonable attorney's fees and costs.
376	Section 9.  Section 796.101, Florida Statutes, is created
377	to read:
378	796.101  Witness protection.--
379	(1)(a)  Information provided to a law enforcement agency
380	from any person with knowledge of a violation of this chapter
381	shall not be admissible into evidence against the declarant in
382	any civil or criminal proceeding in which the declarant is a
383	party, except in any proceeding against the declarant for
384	perjury or making a false statement or report. However, the
385	declarant may admit the information if the rules of evidence
386	otherwise permit it.
387	(b)  Information discovered as a result of information
388	provided under paragraph (a) shall not be admissible in evidence
389	against the declarant in any civil or criminal trial in which
390	the declarant is a party, except in any proceeding against the
391	declarant for perjury or making false statement or report.
392	However, the declarant may admit the information if the rules of
393	evidence otherwise permit.
394	(2)(a)  The provisions of this section apply to an
395	individual participating in an investigation or proceeding and
396	disclosing information on his or her own initiative in a sworn
397	statement.
398	(b)  The provisions of this section do not apply once a law
399	enforcement agency has initiated a criminal investigation
400	against a person and advised the person of his or her right to
401	avoid self-incrimination.
402	Section 10.  Section 796.11, Florida Statutes, is created
403	to read:
404	796.11  Website posting.--
405	(1)  To safeguard the public, any person 18 years of age or
406	older who has been adjudicated guilty of or has had adjudication
407	withheld for any violation of this chapter, except for a
408	violation of s. 796.07(1)(d), shall have the following
409	information posted on an offender website created and maintained
410	by the Department of Law Enforcement:
411	(a)  The offender's name.
412	(b)  The offender's date of birth.
413	(c)  The date of the conviction.
414	(d)  The county where the offense occurred.
415	(e)  The offense committed.
416	(f)  The booking photograph taken when the offender was
417	arrested.
418	(2)  The information required in subsection (1) shall be
419	provided to the Department of Law Enforcement electronically by
420	the clerk of the court for the county in which the sentence is
421	imposed within 10 days after the date the offender is sentenced.
422	(3)  The Department of Law Enforcement must place the
423	information on the website within 5 business days after the date
424	it receives the information.
425	(4)  The department shall not allow the public to access
426	information in the database that is confidential and exempt from
427	public disclosure under s. 119.07(1) and s. 24(a), Art. I of the
428	State Constitution.
429	(5)  The department, its personnel, and any individual or
430	entity acting at the request or upon the direction of the
431	department are immune from civil liability for damages for good
432	faith compliance with this section and will be presumed to have
433	acted in good faith by reporting information. The presumption of
434	good faith is not overcome if technical or clerical errors are
435	made by the department, its personnel, or any individual or
436	entity acting at the request or upon the direction of the
437	department in reporting the information; if the department and
438	its personnel are unable to report information because the
439	information has not been provided or reported by a person or
440	agency required to provide or report the information to the
441	department; or if the department, its personnel, or any
442	individual or entity acting at the request or upon the direction
443	of the department reports information that was falsely reported
444	without the knowledge of the department, its personnel, or such
445	individual or entity.
446	Section 11.  Section 938.14, Florida Statutes, is created
447	to read:
448	938.14  Prostitution and related offenses.--Notwithstanding
449	any law to the contrary, the court shall assess any defendant
450	who pleads guilty or nolo contendere to, or is convicted of, a
451	violation of any provision of chapter 796, regardless of whether
452	adjudication was withheld, in addition to any fine and other
453	penalty provided or authorized by law, an amount of $101, to be
454	paid to the clerk of the court, who shall forward $100 to the
455	Department of Revenue for deposit in the Operating Trust Fund of
456	the Department of Law Enforcement to be used for the maintenance
457	of the website required by s. 796.101. The clerk of the court
458	shall retain the remaining $1 of each surcharge that the clerk
459	of the court collects as a service charge of the clerk's office.
460	Section 12.  Subsection (1) of section 938.10, Florida
461	Statutes, is amended to read:
462	938.10  Additional court cost imposed in cases of certain
463	crimes against minors.--
464	(1)  If a person pleads guilty or nolo contendere to, or is
465	found guilty of, regardless of adjudication, any offense against
466	a minor in violation of s. 784.085, chapter 787, chapter 794, s.
467	796.03, s. 800.04, chapter 827, s. 847.0145, or s. 985.701, the
468	court shall impose a court cost of $101 against the offender in
469	addition to any other cost or penalty required by law.
470	Section 13.  Paragraph (a) of subsection (1) of section
471	772.102, Florida Statutes, is amended to read:
472	772.102  Definitions.--As used in this chapter, the term:
473	(1)  "Criminal activity" means to commit, to attempt to
474	commit, to conspire to commit, or to solicit, coerce, or
475	intimidate another person to commit:
476	(a)  Any crime that is chargeable by indictment or
477	information under the following provisions:
478	1.  Section 210.18, relating to evasion of payment of
479	cigarette taxes.
480	2.  Section 414.39, relating to public assistance fraud.
481	3.  Section 440.105 or s. 440.106, relating to workers'
482	compensation.
483	4.  Part IV of chapter 501, relating to telemarketing.
484	5.  Chapter 517, relating to securities transactions.
485	6.  Section 550.235, s. 550.3551, or s. 550.3605, relating
486	to dogracing and horseracing.
487	7.  Chapter 550, relating to jai alai frontons.
488	8.  Chapter 552, relating to the manufacture, distribution,
489	and use of explosives.
490	9.  Chapter 562, relating to beverage law enforcement.
491	10.  Section 624.401, relating to transacting insurance
492	without a certificate of authority, s. 624.437(4)(c)1., relating
493	to operating an unauthorized multiple-employer welfare
494	arrangement, or s. 626.902(1)(b), relating to representing or
495	aiding an unauthorized insurer.
496	11.  Chapter 687, relating to interest and usurious
497	practices.
498	12.  Section 721.08, s. 721.09, or s. 721.13, relating to
499	real estate timeshare plans.
500	13.  Chapter 782, relating to homicide.
501	14.  Chapter 784, relating to assault and battery.
502	15.  Chapter 787, relating to kidnapping or human
503	trafficking.
504	16.  Chapter 790, relating to weapons and firearms.
505	17.  Section 796.03, s. 796.04, s. 796.045, s. 796.05, s.
506	796.06, or s. 796.07, relating to prostitution.
507	18.  Chapter 806, relating to arson.
508	19.  Section 810.02(2)(c), relating to specified burglary
509	of a dwelling or structure.
510	20.  Chapter 812, relating to theft, robbery, and related
511	crimes.
512	21.  Chapter 815, relating to computer-related crimes.
513	22.  Chapter 817, relating to fraudulent practices, false
514	pretenses, fraud generally, and credit card crimes.
515	23.  Section 827.071, relating to commercial sexual
516	exploitation of children.
517	24.  Chapter 831, relating to forgery and counterfeiting.
518	25.  Chapter 832, relating to issuance of worthless checks
519	and drafts.
520	26.  Section 836.05, relating to extortion.
521	27.  Chapter 837, relating to perjury.
522	28.  Chapter 838, relating to bribery and misuse of public
523	office.
524	29.  Chapter 843, relating to obstruction of justice.
525	30.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
526	s. 847.07, relating to obscene literature and profanity.
527	31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
528	849.25, relating to gambling.
529	32.  Chapter 893, relating to drug abuse prevention and
530	control.
531	33.  Section 914.22 or s. 914.23, relating to witnesses,
532	victims, or informants.
533	34.  Section 918.12 or s. 918.13, relating to tampering
534	with jurors and evidence.
535	Section 14.  Paragraph (a) of subsection (1) of section
536	895.02, Florida Statutes, is amended to read:
537	895.02  Definitions.--As used in ss. 895.01-895.08, the
538	term:
539	(1)  "Racketeering activity" means to commit, to attempt to
540	commit, to conspire to commit, or to solicit, coerce, or
541	intimidate another person to commit:
542	(a)  Any crime that is chargeable by indictment or
543	information under the following provisions of the Florida
544	Statutes:
545	1.  Section 210.18, relating to evasion of payment of
546	cigarette taxes.
547	2.  Section 403.727(3)(b), relating to environmental
548	control.
549	3.  Section 409.920 or s. 409.9201, relating to Medicaid
550	fraud.
551	4.  Section 414.39, relating to public assistance fraud.
552	5.  Section 440.105 or s. 440.106, relating to workers'
553	compensation.
554	6.  Section 443.071(4), relating to creation of a
555	fictitious employer scheme to commit unemployment compensation
556	fraud.
557	7.  Section 465.0161, relating to distribution of medicinal
558	drugs without a permit as an Internet pharmacy.
559	8.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and
560	499.0691, relating to crimes involving contraband and
561	adulterated drugs.
562	9.  Part IV of chapter 501, relating to telemarketing.
563	10.  Chapter 517, relating to sale of securities and
564	investor protection.
565	11.  Section 550.235, s. 550.3551, or s. 550.3605, relating
566	to dogracing and horseracing.
567	12.  Chapter 550, relating to jai alai frontons.
568	13.  Section 551.109, relating to slot machine gaming.
569	14.  Chapter 552, relating to the manufacture,
570	distribution, and use of explosives.
571	15.  Chapter 560, relating to money transmitters, if the
572	violation is punishable as a felony.
573	16.  Chapter 562, relating to beverage law enforcement.
574	17.  Section 624.401, relating to transacting insurance
575	without a certificate of authority, s. 624.437(4)(c)1., relating
576	to operating an unauthorized multiple-employer welfare
577	arrangement, or s. 626.902(1)(b), relating to representing or
578	aiding an unauthorized insurer.
579	18.  Section 655.50, relating to reports of currency
580	transactions, when such violation is punishable as a felony.
581	19.  Chapter 687, relating to interest and usurious
582	practices.
583	20.  Section 721.08, s. 721.09, or s. 721.13, relating to
584	real estate timeshare plans.
585	21.  Chapter 782, relating to homicide.
586	22.  Chapter 784, relating to assault and battery.
587	23.  Chapter 787, relating to kidnapping or human
588	trafficking.
589	24.  Chapter 790, relating to weapons and firearms.
590	25.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
591	796.05, s. 796.06, or s. 796.07, relating to prostitution and
592	sex trafficking.
593	26.  Chapter 806, relating to arson.
594	27.  Section 810.02(2)(c), relating to specified burglary
595	of a dwelling or structure.
596	28.  Chapter 812, relating to theft, robbery, and related
597	crimes.
598	29.  Chapter 815, relating to computer-related crimes.
599	30.  Chapter 817, relating to fraudulent practices, false
600	pretenses, fraud generally, and credit card crimes.
601	31.  Chapter 825, relating to abuse, neglect, or
602	exploitation of an elderly person or disabled adult.
603	32.  Section 827.071, relating to commercial sexual
604	exploitation of children.
605	33.  Chapter 831, relating to forgery and counterfeiting.
606	34.  Chapter 832, relating to issuance of worthless checks
607	and drafts.
608	35.  Section 836.05, relating to extortion.
609	36.  Chapter 837, relating to perjury.
610	37.  Chapter 838, relating to bribery and misuse of public
611	office.
612	38.  Chapter 843, relating to obstruction of justice.
613	39.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
614	s. 847.07, relating to obscene literature and profanity.
615	40.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
616	849.25, relating to gambling.
617	41.  Chapter 874, relating to criminal street gangs.
618	42.  Chapter 893, relating to drug abuse prevention and
619	control.
620	43.  Chapter 896, relating to offenses related to financial
621	transactions.
622	44.  Sections 914.22 and 914.23, relating to tampering with
623	a witness, victim, or informant, and retaliation against a
624	witness, victim, or informant.
625	45.  Sections 918.12 and 918.13, relating to tampering with
626	jurors and evidence.
627	Section 15.  Subsection (10) is added to section 932.7055,
628	Florida Statutes, to read:
629	932.7055  Disposition of liens and forfeited property.--
630	(10)  The office of the state attorney prosecuting the
631	case, and a person providing information to law enforcement
632	pursuant to s. 796.101 that materially assists law enforcement
633	in the investigation of a felony violation under chapter 796 and
634	results in the forfeiture of property described in s.
635	932.701(2)(a)5. or 6. shall each be entitled to a one-third
636	share of any proceeds remaining after any liens have been
637	satisfied and all court costs associated with the forfeiture
638	proceeding have been paid. If more than one person provides
639	information to law enforcement pursuant to s. 796.101 that
640	materially assists law enforcement as described in this
641	subsection, each person who provides such information shall
642	share equally the one-third share. Persons who were the subject
643	of any pending warrants, indictments, or information in any
644	jurisdiction or were on any community supervision at the time
645	they provided the information are not entitled to receive a
646	share of the proceeds of the forfeiture action. Law enforcement
647	officers shall not be eligible to receive a share of the
648	proceeds of the forfeiture action. The remaining one-third share
649	shall be distributed as otherwise provided in this section.
650	Section 16.  Subsection (7) of section 322.28, Florida
651	Statutes, is amended to read:
652	322.28  Period of suspension or revocation.--
653	(7)  Following a second or subsequent violation of s.
654	796.07(1)(e)(2)(f) which involves a motor vehicle and which
655	results in any judicial disposition other than acquittal or
656	dismissal, in addition to any other sentence imposed, the court
657	shall revoke the person's driver's license or driving privilege,
658	effective upon the date of the disposition, for a period of not
659	less than 1 year. A person sentenced under this subsection may
660	request a hearing under s. 322.271.
661	Section 17.  Paragraph (a) of subsection (4) and paragraph
662	(b) of subsection (10) of section 775.21, Florida Statutes, are
663	amended to read:
664	775.21  The Florida Sexual Predators Act.--
665	(4)  SEXUAL PREDATOR CRITERIA.--
666	(a)  For a current offense committed on or after October 1,
667	1993, upon conviction, an offender shall be designated as a
668	"sexual predator" under subsection (5), and subject to
669	registration under subsection (6) and community and public
670	notification under subsection (7) if:
671	1.  The felony is:
672	a.  A capital, life, or first-degree felony violation, or
673	any attempt thereof, of s. 787.01 or s. 787.02, where the victim
674	is a minor and the defendant is not the victim's parent, or of
675	chapter 794, s. 800.04, or s. 847.0145, or a violation of a
676	similar law of another jurisdiction; or
677	b.  Any felony violation, or any attempt thereof, of s.
678	787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
679	minor and the defendant is not the victim's parent; chapter 794,
680	excluding ss. 794.011(10) and 794.0235; s. 796.03; former s.
681	796.035; s. 796.045(2)(b); s. 800.04; s. 825.1025(2)(b); s.
682	827.071; s. 847.0145; or s. 985.701(1); or a violation of a
683	similar law of another jurisdiction, and the offender has
684	previously been convicted of or found to have committed, or has
685	pled nolo contendere or guilty to, regardless of adjudication,
686	any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c),
687	where the victim is a minor and the defendant is not the
688	victim's parent; s. 794.011(2), (3), (4), (5), or (8); s.
689	794.05; s. 796.03; former s. 796.035; s. 796.045(2)(b); s.
690	800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.
691	847.0145; or s. 985.701(1); or a violation of a similar law of
692	another jurisdiction;
693	2.  The offender has not received a pardon for any felony
694	or similar law of another jurisdiction that is necessary for the
695	operation of this paragraph; and
696	3.  A conviction of a felony or similar law of another
697	jurisdiction necessary to the operation of this paragraph has
698	not been set aside in any postconviction proceeding.
699	(10)  PENALTIES.--
700	(b)  A sexual predator who has been convicted of or found
701	to have committed, or has pled nolo contendere or guilty to,
702	regardless of adjudication, any violation, or attempted
703	violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
704	the victim is a minor and the defendant is not the victim's
705	parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s.
706	796.03; former s. 796.035; s. 796.045(2)(b); s. 800.04; s.
707	827.071; s. 847.0133; s. 847.0145; or s. 985.701(1); or a
708	violation of a similar law of another jurisdiction when the
709	victim of the offense was a minor, and who works, whether for
710	compensation or as a volunteer, at any business, school, day
711	care center, park, playground, or other place where children
712	regularly congregate, commits a felony of the third degree,
713	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
714	Section 18.  Paragraph (a) of subsection (1) of section
715	943.0435, Florida Statutes, is amended to read:
716	943.0435  Sexual offenders required to register with the
717	department; penalty.--
718	(1)  As used in this section, the term:
719	(a)  "Sexual offender" means a person who meets the
720	criteria in subparagraph 1., subparagraph 2., or subparagraph
721	3., as follows:
722	1.a.  Has been convicted of committing, or attempting,
723	soliciting, or conspiring to commit, any of the criminal
724	offenses proscribed in the following statutes in this state or
725	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
726	or s. 787.025(2)(c), where the victim is a minor and the
727	defendant is not the victim's parent; chapter 794, excluding ss.
728	794.011(10) and 794.0235; s. 796.03; former s. 796.035; s.
729	796.045(2)(b); s. 800.04; s. 825.1025; s. 827.071; s. 847.0133;
730	s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or s.
731	985.701(1); or any similar offense committed in this state which
732	has been redesignated from a former statute number to one of
733	those listed in this sub-subparagraph; and
734	b.  Has been released on or after October 1, 1997, from the
735	sanction imposed for any conviction of an offense described in
736	sub-subparagraph a. For purposes of sub-subparagraph a., a
737	sanction imposed in this state or in any other jurisdiction
738	includes, but is not limited to, a fine, probation, community
739	control, parole, conditional release, control release, or
740	incarceration in a state prison, federal prison, private
741	correctional facility, or local detention facility;
742	2.  Establishes or maintains a residence in this state and
743	who has not been designated as a sexual predator by a court of
744	this state but who has been designated as a sexual predator, as
745	a sexually violent predator, or by another sexual offender
746	designation in another state or jurisdiction and was, as a
747	result of such designation, subjected to registration or
748	community or public notification, or both, or would be if the
749	person were a resident of that state or jurisdiction, without
750	regard to whether the person otherwise meets the criteria for
751	registration as a sexual offender; or
752	3.  Establishes or maintains a residence in this state who
753	is in the custody or control of, or under the supervision of,
754	any other state or jurisdiction as a result of a conviction for
755	committing, or attempting, soliciting, or conspiring to commit,
756	any of the criminal offenses proscribed in the following
757	statutes or similar offense in another jurisdiction: s. 787.01,
758	s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
759	the defendant is not the victim's parent; chapter 794, excluding
760	ss. 794.011(10) and 794.0235; s. 796.03; former s. 796.035; s.
761	796.045(2)(b); s. 800.04; s. 825.1025; s. 827.071; s. 847.0133;
762	s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or s.
763	985.701(1); or any similar offense committed in this state which
764	has been redesignated from a former statute number to one of
765	those listed in this subparagraph.
766	Section 19.  Paragraph (b) of subsection (1) of section
767	944.606, Florida Statutes, is amended to read:
768	944.606  Sexual offenders; notification upon release.--
769	(1)  As used in this section:
770	(b)  "Sexual offender" means a person who has been
771	convicted of committing, or attempting, soliciting, or
772	conspiring to commit, any of the criminal offenses proscribed in
773	the following statutes in this state or similar offenses in
774	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
775	where the victim is a minor and the defendant is not the
776	victim's parent; chapter 794, excluding ss. 794.011(10) and
777	794.0235; s. 796.03; former s. 796.035; s. 796.045(2)(b); s.
778	800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.
779	847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any
780	similar offense committed in this state which has been
781	redesignated from a former statute number to one of those listed
782	in this subsection, when the department has received verified
783	information regarding such conviction; an offender's
784	computerized criminal history record is not, in and of itself,
785	verified information.
786	Section 20.  Paragraph (a) of subsection (1) of section
787	944.607, Florida Statutes, is amended to read:
788	944.607  Notification to Department of Law Enforcement of
789	information on sexual offenders.--
790	(1)  As used in this section, the term:
791	(a)  "Sexual offender" means a person who is in the custody
792	or control of, or under the supervision of, the department or is
793	in the custody of a private correctional facility:
794	1.  On or after October 1, 1997, as a result of a
795	conviction for committing, or attempting, soliciting, or
796	conspiring to commit, any of the criminal offenses proscribed in
797	the following statutes in this state or similar offenses in
798	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
799	where the victim is a minor and the defendant is not the
800	victim's parent; chapter 794, excluding ss. 794.011(10) and
801	794.0235; s. 796.03; former s. 796.035; s. 796.045(2)(b); s.
802	800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.
803	847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any
804	similar offense committed in this state which has been
805	redesignated from a former statute number to one of those listed
806	in this paragraph; or
807	2.  Who establishes or maintains a residence in this state
808	and who has not been designated as a sexual predator by a court
809	of this state but who has been designated as a sexual predator,
810	as a sexually violent predator, or by another sexual offender
811	designation in another state or jurisdiction and was, as a
812	result of such designation, subjected to registration or
813	community or public notification, or both, or would be if the
814	person were a resident of that state or jurisdiction, without
815	regard as to whether the person otherwise meets the criteria for
816	registration as a sexual offender.
817	Section 21.  Paragraphs (a), (b), (d), (g), (h), and (i) of
818	subsection (3) of section 921.0022, Florida Statutes, are
819	amended to read:
820	921.0022  Criminal Punishment Code; offense severity
821	ranking chart.--
822	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
823
	(a)  LEVEL 1
824
	24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
825
	212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
826
	212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
827
	316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
828
	319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
829
	319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
830
	320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
831
	322.212(1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification.
832
	322.212(4) 3rd Supply or aid in supplying unauthorized driver's license or identification card.
833
	322.212(5)(a) 3rd False application for driver's license or identification card.
834
	414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200.
835
	414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
836
	443.071(1) 3rd False statement or representation to obtain or increase unemployment compensation benefits.
837
	509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
838
	517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
839
	562.27(1) 3rd Possess still or still apparatus.
840
	713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
841
	796.07(3)(c) 3rd Prostitution, 3rd or subsequent violation.
842
	812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
843
	812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
844
	815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
845
	817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
846
	817.569(2) 3rd Use of public record or public records information to facilitate commission of a felony.
847
	826.01 3rd Bigamy.
848
	828.122(3) 3rd Fighting or baiting animals.
849
	831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
850
	831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
851
	832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
852
	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.
853
	838.15(2) 3rd Commercial bribe receiving.
854
	838.16 3rd Commercial bribery.
855
	843.18 3rd Fleeing by boat to elude a law enforcement officer.
856
	847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
857
	849.01 3rd Keeping gambling house.
858
	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.
859
	849.23 3rd Gambling-related machines; "common offender" as to property rights.
860
	849.25(2) 3rd Engaging in bookmaking.
861
	860.08 3rd Interfere with a railroad signal.
862
	860.13(1)(a) 3rd Operate aircraft while under the influence.
863
	893.13(2)(a)2. 3rd Purchase of cannabis.
864
	893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
865
	934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
866
	(b)  LEVEL 2
867
	370.12(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
868
	370.12(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
869
	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.
870
	517.07 3rd Registration of securities and furnishing of prospectus required.
871
	590.28(1) 3rd Willful, malicious, or intentional burning.
872
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
873
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
874
	796.06 3rd Furthering activity prohibited in chapter 796.
875
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
876
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
877
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
878
	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
879
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
880
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
881
	817.234(1)(a)2. 3rd False statement in support of insurance claim.
882
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
883
	817.52(3) 3rd Failure to redeliver hired vehicle.
884
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
885
	817.60(5) 3rd Dealing in credit cards of another.
886
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
887
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
888
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
889
	831.01 3rd Forgery.
890
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
891
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
892
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
893
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
894
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
895
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
896
	843.08 3rd Falsely impersonating an officer.
897
	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.
898
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
899
	(d)  LEVEL 4
900
	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.
901
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
902
	499.0051(2) 3rd Failure to authenticate pedigree papers.
903
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
904
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
905
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
906
	784.075 3rd Battery on detention or commitment facility staff.
907
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
908
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
909
	784.081(3) 3rd Battery on specified official or employee.
910
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
911
	784.083(3) 3rd Battery on code inspector.
912
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
913
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
914
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
915
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
916
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
917
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
918
	790.115(2)(c) 3rd Possessing firearm on school property.
919
	796.05 3rd Deriving support from prostitution proceeds.
920
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
921
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
922
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
923
	810.06 3rd Burglary; possession of tools.
924
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
925
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
926
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
927
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
928
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
929
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
930
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
931
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
932
	837.02(1) 3rd Perjury in official proceedings.
933
	837.021(1) 3rd Make contradictory statements in official proceedings.
934
	838.022 3rd Official misconduct.
935
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
936
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
937
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
938
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
939
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
940
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
941
	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).
942
	914.14(2) 3rd Witnesses accepting bribes.
943
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
944
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
945
	918.12 3rd Tampering with jurors.
946
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
947
	(g)  LEVEL 7
948
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
949
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
950
	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.
951
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
952
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
953
	409.920(2) 3rd Medicaid provider fraud.
954
	456.065(2) 3rd Practicing a health care profession without a license.
955
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
956
	458.327(1) 3rd Practicing medicine without a license.
957
	459.013(1) 3rd Practicing osteopathic medicine without a license.
958
	460.411(1) 3rd Practicing chiropractic medicine without a license.
959
	461.012(1) 3rd Practicing podiatric medicine without a license.
960
	462.17 3rd Practicing naturopathy without a license.
961
	463.015(1) 3rd Practicing optometry without a license.
962
	464.016(1) 3rd Practicing nursing without a license.
963
	465.015(2) 3rd Practicing pharmacy without a license.
964
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
965
	467.201 3rd Practicing midwifery without a license.
966
	468.366 3rd Delivering respiratory care services without a license.
967
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
968
	483.901(9) 3rd Practicing medical physics without a license.
969
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
970
	484.053 3rd Dispensing hearing aids without a license.
971
	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.
972
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
973
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
974
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
975
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
976
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
977
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
978
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
979
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
980
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
981
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
982
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
983
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
984
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
985
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
986
	784.048(7) 3rd Aggravated stalking; violation of court order.
987
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
988
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
989
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
990
	784.081(1) 1st Aggravated battery on specified official or employee.
991
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
992
	784.083(1) 1st Aggravated battery on code inspector.
993
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
994
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
995
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
996
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
997
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
998
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
999
	796.03 1st 2nd Procuring any minor person under 16 years for prostitution.
1000
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
1001
	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.
1002
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
1003
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1004
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1005
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1006
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
1007
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1008
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1009
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1010
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1011
	812.131(2)(a) 2nd Robbery by sudden snatching.
1012
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1013
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1014
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1015
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1016
	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.
1017
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1018
	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.
1019
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1020
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1021
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1022
	838.015 2nd Bribery.
1023
	838.016 2nd Unlawful compensation or reward for official behavior.
1024
	838.021(3)(a) 2nd Unlawful harm to a public servant.
1025
	838.22 2nd Bid tampering.
1026
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1027
	872.06 2nd Abuse of a dead human body.
1028
	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.
1029
	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.
1030
	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).
1031
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1032
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1033
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1034
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1035
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1036
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1037
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1038
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1039
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1040
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1041
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1042
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1043
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1044
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1045
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1046
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1047
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1048
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1049
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1050
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1051
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1052
	(h)  LEVEL 8
1053
	316.193(3)(c)3.a. 2nd DUI manslaughter.
1054
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
1055
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
1056
	499.0051(7) 1st Forgery of prescription or legend drug labels.
1057
	499.0052 1st Trafficking in contraband legend drugs.
1058
	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.
1059
	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.
1060
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
1061
	777.03(2)(a) 1st Accessory after the fact, capital felony.
1062
	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.
1063
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
1064
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
1065
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
1066
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
1067
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
1068
	796.045(1) 1st Sex trafficking.
1069
	800.04(4) 2nd Lewd or lascivious battery.
1070
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
1071
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
1072
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
1073
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
1074
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
1075
	812.13(2)(b) 1st Robbery with a weapon.
1076
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
1077
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
1078
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
1079
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
1080
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
1081
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
1082
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
1083
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
1084
	860.16 1st Aircraft piracy.
1085
	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).
1086
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1087
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1088
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
1089
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
1090
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
1091
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
1092
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
1093
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
1094
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
1095
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
1096
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
1097
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
1098
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
1099
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
1100
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
1101
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
1102
	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.
1103
	(i)  LEVEL 9
1104
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1105
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1106
	499.00535 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
1107
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1108
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1109
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1110
	775.0844 1st Aggravated white collar crime.
1111
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1112
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
1113
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1114
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1115
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1116
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1117
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1118
	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.
1119
	790.161 1st Attempted capital destructive device offense.
1120
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1121
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1122
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1123
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
1124
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1125
	796.045(2)(a) Life Sex trafficking involving a minor or resulting in death.
1126
	796.045(2)(b) Life Selling or buying of minors into sex trafficking or prostitution.
1127
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1128
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1129
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1130
	812.135(2)(b) 1st Home-invasion robbery with weapon.
1131
	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.
1132
	827.03(2) 1st Aggravated child abuse.
1133
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1134
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1135
	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.
1136
	893.135 1st Attempted capital trafficking offense.
1137
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1138
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1139
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1140
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1141
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1142
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1143
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1144
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1145
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1146
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1147
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1148
1149	Section 22.  This act shall take effect July 1, 2007.

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