Senate Bill sb2712

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    Florida Senate - 2007                                  SB 2712

    By Senator Storms





    10-1717A-07                                             See HB

  1                      A bill to be entitled

  2         An act relating to prostitution; creating s.

  3         796.011, F.S.; providing definitions; amending

  4         s. 796.03, F.S.; increasing penalties for

  5         procuring a minor for prostitution; amending s.

  6         796.04, F.S.; providing enhanced penalties for

  7         forcing, compelling, or coercing another to

  8         become a prostitute; amending and redesignating

  9         s. 796.035, F.S., and amending s. 796.045,

10         F.S.; increasing penalties for selling or

11         buying minors into sex trafficking or

12         prostitution; revising provisions relating to

13         sex trafficking; increasing penalties; amending

14         s. 796.05, F.S.; revising provisions

15         prohibiting deriving support or maintenance

16         from earnings of prostitution; amending s.

17         796.06, F.S.; revising provisions prohibiting

18         rental of certain facilities for prohibited

19         activities; prohibiting the owner or operator

20         of any adult entertainment establishment or

21         unlicensed massage establishment from allowing

22         it to be used for advertising, facilitating,

23         soliciting, promoting, or arranging certain

24         prohibited activities; providing penalties;

25         prohibiting persons having direct control over

26         or the ability to edit the content of a web

27         page from allowing it to be used for

28         advertising, facilitating, soliciting,

29         promoting, or arranging certain prohibited

30         activities; providing penalties; amending s.

31         796.07, F.S.; revising provisions prohibiting

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         prostitution, lewdness, and assignation;

 2         amending s. 796.09, F.S.; revising provisions

 3         providing a civil action against persons who

 4         coerce or induce certain activities; providing

 5         for actions against the owner or operator of

 6         any adult entertainment establishment or

 7         unlicensed massage establishment used to

 8         facilitate certain prohibited activities or

 9         persons having direct control over or the

10         ability to edit the content of a web page used

11         to facilitate certain prohibited activities;

12         creating s. 796.101, F.S.; providing that

13         certain information provided by persons with

14         knowledge relating to certain violations or

15         information discovered as a result of such

16         information may not be used against such

17         persons in certain proceedings; providing

18         exceptions; providing applicability; creating

19         s. 796.11, F.S.; requiring the Department of

20         Law Enforcement to create a website containing

21         certain information about persons convicted of

22         specified violations; creating s. 938.14, F.S.;

23         providing for an assessment to be paid by

24         violators of specified provisions; providing

25         for disposition and use of funds; amending s.

26         938.10, F.S., relating to additional court

27         costs imposed in cases of certain crimes

28         against minors, to conform; amending s.

29         772.102, F.S.; expanding the definition of the

30         term "criminal activity" to include the offense

31         of facilitating certain offenses for purposes

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         of seeking civil remedies for criminal

 2         offenses; amending s. 895.02, F.S.; redefining

 3         the term "racketeering activity" to revise the

 4         offenses included for purposes of the Florida

 5         RICO Act; amending s. 932.7055, F.S.; providing

 6         for disposition of portions of forfeited

 7         property to persons providing material

 8         information concerning specified violations and

 9         to state attorneys prosecuting such violations;

10         amending ss. 322.28, 775.21, 943.0435, 944.606,

11         and 944.607, F.S.; conforming cross-references;

12         amending s. 921.0022, F.S.; conforming the

13         Offense Severity Ranking chart of the criminal

14         punishment code; providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Section 796.011, Florida Statutes, is

19  created to read:

20         796.011  Definitions.--As used in this chapter, the

21  term:

22         (1)  "Assignation" means the making of any appointment

23  or engagement for prostitution or lewdness, or any act in

24  furtherance of such appointment or engagement.

25         (2)  "Coercion" means any practice of domination or

26  restraint for the purpose of or with the reasonably

27  foreseeable effect of causing another person to engage in or

28  remain in prostitution or to relinquish earnings derived from

29  prostitution, and includes, but is not limited to:

30         (a)  Physical force or threat of physical force.

31         (b)  Physical or mental torture.

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         (c)  Kidnapping.

 2         (d)  Blackmail.

 3         (e)  Extortion or claims of indebtedness.

 4         (f)  Threat of legal complaint or report of

 5  delinquency.

 6         (g)  Threatening to interfere with parental rights or

 7  responsibilities, whether by judicial or administrative action

 8  or otherwise.

 9         (h)  Restraint of speech or communication with others.

10         (i)  Exploitation of a condition of developmental

11  disability, cognitive limitation, affective disorder, or

12  substance dependency.

13         (j)  Exploitation of victimization by sexual abuse.

14         (k)  Exploitation of pornographic performance.

15         (l)  Exploitation of human needs for food, shelter,

16  safety, or affection.

17         (3)  "Inducement" means something offered for the

18  purpose of or with the reasonably foreseeable effect of

19  causing another person to engage in or remain in prostitution

20  or to relinquish earnings derived from prostitution, and

21  includes, but is not limited to:

22         (a)  Promise of legal benefit.

23         (b)  Promise of financial or material reward.

24         (c)  Promise of marriage.

25         (4)  "Lewdness" means any indecent or obscene act.

26         (5)  "Prostitution" means the giving or receiving of

27  the body for sexual activity for hire; however, the term does

28  not include sexual activity between spouses.

29         (6)  "Sexual activity" means oral, anal, or vaginal

30  penetration by, or union with, the sexual organ of another;

31  anal or vaginal penetration of another by any other object; or

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  the handling or fondling of the sexual organ of another for

 2  the purpose of masturbation; however, the term does not

 3  include acts done for bona fide medical purposes.

 4         Section 2.  Section 796.03, Florida Statutes, is

 5  amended to read:

 6         796.03  Procuring minor person under age of 18 for

 7  prostitution.--A person who procures for prostitution, or

 8  causes to be prostituted, any minor person who is under the

 9  age of 18 years commits a felony of the first second degree,

10  punishable as provided in s. 775.082, s. 775.083, or s.

11  775.084.

12         Section 3.  Section 796.04, Florida Statutes, is

13  amended to read:

14         796.04  Forcing, compelling, or coercing another to

15  become a prostitute.--

16         (1)  After May 1, 1943, It is shall be unlawful for

17  anyone to force, compel, or coerce another to become a

18  prostitute.

19         (2)  A person anyone violating this section commits

20  shall be guilty of a felony of the first third degree,

21  punishable as provided in s. 775.082, s. 775.083, or s.

22  775.084.

23         Section 4.  Section 796.035, Florida Statutes, is

24  redesignated as paragraph (b) of subsection (2) of section

25  796.045, Florida Statutes, and amended, and section 796.045,

26  Florida Statutes, is amended, to read:

27         796.045  Sex trafficking; penalties.--

28         (1)  Except as provided subsection (2), any person who

29  knowingly recruits, entices, harbors, transports, provides, or

30  obtains by any means a person, knowing that force, fraud, or

31  coercion will be used to cause that person to engage in

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  prostitution, commits the offense of sex trafficking, a felony

 2  of the first second degree, punishable as provided in s.

 3  775.082, s. 775.083, or s. 775.084.

 4         (2)(a)  Any A person who violates paragraph (a) and

 5  commits a felony of the first degree, punishable as provided

 6  in s. 775.082, s. 775.083, or s. 775.084, if the offense of

 7  sex trafficking is committed against a minor person who is

 8  under the age of 14 or if the such offense results in death;

 9  or.

10         (b)  796.035  Selling or buying of minors into sex

11  trafficking or prostitution; penalties.--Any parent, legal

12  guardian, or other person having custody or control of a minor

13  who sells or otherwise transfers custody or control of such

14  minor, or offers to sell or otherwise transfer custody of such

15  minor, with knowledge that, as a consequence of the sale or

16  transfer, force, fraud, or coercion will be used to cause the

17  minor to engage in prostitution or otherwise participate in

18  the trade of sex trafficking,

19  

20  commits a life felony of the first degree, punishable as

21  provided in s. 775.082, s. 775.083, or s. 775.084.

22         Section 5.  Subsection (1) of section 796.05, Florida

23  Statutes, is amended to read:

24         796.05  Deriving support from the proceeds of

25  prostitution.--

26         (1)  It shall be unlawful for any person with

27  reasonable belief or knowing another person is engaged in

28  prostitution to live or derive support or maintenance in whole

29  or in part, directly or indirectly, from what is believed to

30  be the earnings or proceeds of such person's prostitution.

31  

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         Section 6.  Section 796.06, Florida Statutes, is

 2  amended to read:

 3         796.06  Furthering activity prohibited under this

 4  chapter Renting space to be used for lewdness, assignation, or

 5  prostitution.--

 6         (1)  Any person who owns, establishes, maintains, lets,

 7  rents, or operates It is unlawful to let or rent, any place,

 8  structure, or part thereof, or trailer or other conveyance and

 9  who knows or should know, with the knowledge that it will be

10  used for the purpose of activity prohibited under this chapter

11  commits a felony of the third degree, punishable as provided

12  in s. 775.082, s. 775.083, or s. 775.084 lewdness,

13  assignation, or prostitution.

14         (2)  The owner or operator of any adult entertainment

15  establishment or unlicensed massage establishment as defined

16  in s. 847.001 who knows or should know that the establishment

17  is being used, in whole or in part, for the purpose of

18  advertising, facilitating, soliciting, promoting, or arranging

19  any activity prohibited under this chapter, whether or not the

20  owner or operator derives income from the prohibited activity,

21  commits a felony of the third degree, punishable as provided

22  in s. 775.082, s. 775.083, or s. 775.084.

23         (3)  Any person having direct control over or the

24  ability to edit the content of a web page who places, causes

25  to be placed, or allows to remain, after notification of

26  activity prohibited under this chapter, any language or other

27  content on such web page for the purpose of advertising,

28  facilitating, soliciting, promoting, or arranging any activity

29  prohibited by this chapter, whether or not the person in

30  control derives income from the prohibited language, content,

31  

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  or activity, commits a felony of the third degree, punishable

 2  as provided in s. 775.082, s. 775.083, or s. 775.084.

 3         (2)  A person who violates this section commits:

 4         (a)  A misdemeanor of the second degree for a first

 5  violation, punishable as provided in s. 775.082 or s. 775.083.

 6         (b)  A misdemeanor of the first degree for a second or

 7  subsequent violation, punishable as provided in s. 775.082 or

 8  s. 775.083.

 9         Section 7.  Section 796.07, Florida Statutes, is

10  amended to read:

11         796.07  Prohibiting prostitution, lewdness, and

12  assignation etc.; evidence; penalties; definitions.--

13         (1)  As used in this section:

14         (a)  "Prostitution" means the giving or receiving of

15  the body for sexual activity for hire but excludes sexual

16  activity between spouses.

17         (b)  "Lewdness" means any indecent or obscene act.

18         (c)  "Assignation" means the making of any appointment

19  or engagement for prostitution or lewdness, or any act in

20  furtherance of such appointment or engagement.

21         (d)  "Sexual activity" means oral, anal, or vaginal

22  penetration by, or union with, the sexual organ of another;

23  anal or vaginal penetration of another by any other object; or

24  the handling or fondling of the sexual organ of another for

25  the purpose of masturbation; however, the term does not

26  include acts done for bona fide medical purposes.

27         (1)(2)  It is unlawful for a person:

28         (a)  To own, establish, maintain, or operate any place,

29  structure, building, or conveyance for the purpose of

30  lewdness, assignation, or prostitution.

31  

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         (a)(b)  To offer, or to offer or agree to secure, any

 2  other person another for the purpose of prostitution,

 3  lewdness, or assignation or for any other lewd or indecent

 4  act.

 5         (b)(c)  To receive, or to offer or agree to receive,

 6  any person into any place, structure, building, or trailer or

 7  other conveyance for the purpose of prostitution, lewdness, or

 8  assignation, or to permit any person to remain there for such

 9  purpose.

10         (c)(d)  To direct, take, or transport, or to offer or

11  agree to direct, take, or transport, any person to any place,

12  structure, or building, or trailer or other conveyance or to

13  any other person, with knowledge or reasonable cause to

14  believe that the purpose of such directing, taking, or

15  transporting is prostitution, lewdness, or assignation.

16         (d)(e)  To offer to commit, or to commit, or to engage

17  in, prostitution, lewdness, or assignation.

18         (e)(f)  To solicit, induce, entice, or procure any

19  other person another to commit prostitution, lewdness, or

20  assignation, other than as prohibited in ss. 796.04 and

21  796.045.

22         (f)(g)  To reside in, enter, or remain in, any place,

23  structure, or building, or to enter or remain in any trailer

24  or other conveyance, for the purpose of prostitution,

25  lewdness, or assignation.

26         (g)(h)  To aid, abet, or participate, other than as

27  provided in s. 796.06, in prostitution, lewdness, or

28  assignation any of the acts or things enumerated in this

29  subsection.

30         (h)(i)  To purchase the services of any person, other

31  than as prohibited in s. 796.03, engaged in prostitution.

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         (2)(3)(a)  In the trial of a person charged with a

 2  violation of this section, testimony concerning the reputation

 3  of any place, structure, building, or trailer or other

 4  conveyance involved in the charge, testimony concerning the

 5  reputation of any person residing in, operating, or

 6  frequenting such place, structure, building, or trailer or

 7  other conveyance, and testimony concerning the reputation of

 8  the defendant is admissible in evidence in support of the

 9  charge.

10         (b)  Notwithstanding any other provision of law, a

11  police officer may testify as an offended party in an action

12  regarding charges filed pursuant to this section.

13         (3)(4)  A person who violates any provision of this

14  section commits:

15         (a)  A misdemeanor of the second degree for a first

16  violation, punishable as provided in s. 775.082 or s. 775.083.

17         (b)  A misdemeanor of the first degree for a second

18  violation, punishable as provided in s. 775.082 or s. 775.083.

19         (c)  A felony of the third degree for a third or

20  subsequent violation, punishable as provided in s. 775.082, s.

21  775.083, or s. 775.084.

22         (4)(5)  A person who is charged with a third or

23  subsequent violation of this section shall be offered

24  admission to a pretrial intervention program or a

25  substance-abuse treatment program as provided in s. 948.08.

26         (5)(6)  A person who violates paragraph (1)(e) (2)(f)

27  shall be assessed a civil penalty of $500 if the violation

28  results in any judicial disposition other than acquittal or

29  dismissal. The proceeds from penalties assessed under this

30  subsection shall be paid to the circuit court administrator

31  

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  for the sole purpose of paying the administrative costs of

 2  treatment-based drug court programs provided under s. 397.334.

 3         Section 8.  Section 796.09, Florida Statutes, is

 4  amended to read:

 5         796.09  Coercion or inducement; civil cause of action;

 6  evidence; defenses; attorney's fees.--

 7         (1)  A person has a cause of action for compensatory

 8  and punitive damages against any or all of the following:

 9         (a)  A person who coerced or induced that person into

10  prostitution.;

11         (b)  A person who coerces or induces that person to

12  remain in prostitution.; or

13         (c)  A person who uses coercion or inducement to

14  collect or receive any part of that person's earnings derived

15  from prostitution.

16         (d)  The owner or operator of any adult entertainment

17  establishment or unlicensed massage establishment as defined

18  in s. 847.001 who knows or should know that the establishment

19  is being used, in whole or in part, for the purpose of

20  advertising, facilitating, soliciting, promoting, or arranging

21  any activity prohibited under this chapter involving that

22  person, whether or not the owner or operator derives income

23  from the activity.

24         (e)  Any person having direct control over or the

25  ability to edit the content of a web page who places, causes

26  to be placed, maintains, or allows to remain, after

27  notification of activity prohibited under this chapter, any

28  language or other content on such web page for the purpose of

29  advertising, facilitating, soliciting, promoting, or arranging

30  any activity prohibited by this chapter involving that person,

31  

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  whether or not the person in control derives income from the

 2  prohibited language, content, or activity.

 3         (2)  As used in this section, the term "prostitution"

 4  has the same meaning as in s. 796.07.

 5         (3)  As used in this section, the term "coercion" means

 6  any practice of domination, restraint, or inducement for the

 7  purpose of or with the reasonably foreseeable effect of

 8  causing another person to engage in or remain in prostitution

 9  or to relinquish earnings derived from prostitution, and

10  includes, but is not limited to:

11         (a)  Physical force or threats of physical force.

12         (b)  Physical or mental torture.

13         (c)  Kidnapping.

14         (d)  Blackmail.

15         (e)  Extortion or claims of indebtedness.

16         (f)  Threat of legal complaint or report of

17  delinquency.

18         (g)  Threat to interfere with parental rights or

19  responsibilities, whether by judicial or administrative action

20  or otherwise.

21         (h)  Promise of legal benefit.

22         (i)  Promise of greater financial rewards.

23         (j)  Promise of marriage.

24         (k)  Restraint of speech or communication with others.

25         (l)  Exploitation of a condition of developmental

26  disability, cognitive limitation, affective disorder, or

27  substance dependency.

28         (m)  Exploitation of victimization by sexual abuse.

29         (n)  Exploitation of pornographic performance.

30         (o)  Exploitation of human needs for food, shelter,

31  safety, or affection.

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         (2)(4)  In the course of litigation under this section,

 2  any transaction about which a plaintiff testifies or produces

 3  evidence does not subject such plaintiff to criminal

 4  prosecution or any penalty or forfeiture. Further, any

 5  testimony or evidence, documentary or otherwise, or

 6  information directly or indirectly derived from such testimony

 7  or evidence which is given or produced by a plaintiff or a

 8  witness for a plaintiff shall not be used against these

 9  persons in any other investigation or proceeding. Such

10  testimony or evidence, however, may be used against a

11  plaintiff or a witness for a plaintiff upon any criminal

12  investigation or proceeding for perjury committed while giving

13  such testimony or producing such evidence.

14         (3)(5)  It does not constitute a defense to a complaint

15  under this section that:

16         (a)  The plaintiff was paid or otherwise compensated

17  for acts of prostitution or other acts prohibited under this

18  chapter;

19         (b)  The plaintiff engaged in acts of prostitution or

20  other acts prohibited under this chapter prior to any

21  involvement with the defendant; or

22         (c)  The plaintiff made no attempt to escape, flee, or

23  otherwise terminate contact with the defendant; or.

24         (d)  The plaintiff stipulated or otherwise agreed that

25  the prohibited acts did not occur as a result of coercion or

26  inducement.

27         (4)(6)  Evidence of convictions for prostitution or

28  other acts prohibited under this chapter or

29  prostitution-related offenses are inadmissible in a proceeding

30  brought under this section for purposes of attacking the

31  plaintiff's credibility.

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         (5)(7)  In any action brought under this section, the

 2  court shall, in its discretion, may award prevailing

 3  plaintiffs reasonable attorney's fees and costs.

 4         Section 9.  Section 796.101, Florida Statutes, is

 5  created to read:

 6         796.101  Witness protection.--

 7         (1)(a)  Information provided to a law enforcement

 8  agency from any person with knowledge of a violation of this

 9  chapter shall not be admissible into evidence against the

10  declarant in any civil or criminal proceeding in which the

11  declarant is a party, except in any proceeding against the

12  declarant for perjury or making a false statement or report.

13  However, the declarant may admit the information if the rules

14  of evidence otherwise permit it.

15         (b)  Information discovered as a result of information

16  provided under paragraph (a) shall not be admissible in

17  evidence against the declarant in any civil or criminal trial

18  in which the declarant is a party, except in any proceeding

19  against the declarant for perjury or making false statement or

20  report. However, the declarant may admit the information if

21  the rules of evidence otherwise permit.

22         (2)(a)  The provisions of this section apply to an

23  individual participating in an investigation or proceeding and

24  disclosing information on his or her own initiative in a sworn

25  statement.

26         (b)  The provisions of this section do not apply once a

27  law enforcement agency has initiated a criminal investigation

28  against a person and advised the person of his or her right to

29  avoid self-incrimination.

30         Section 10.  Section 796.11, Florida Statutes, is

31  created to read:

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         796.11  Website posting.--

 2         (1)  To safeguard the public, any person who has been

 3  adjudicated guilty of or has had adjudication withheld for any

 4  violation of this chapter shall have the following information

 5  posted on an offender website created and maintained by the

 6  Department of Law Enforcement:

 7         (a)  The offender's name.

 8         (b)  The offender's date of birth.

 9         (c)  The date of the conviction.

10         (d)  The county where the offense occurred.

11         (e)  The offense committed.

12         (f)  The booking photograph taken when the offender was

13  arrested. If a photograph was not taken at the time of the

14  arrest, then a digital photograph shall be taken when the

15  offender enters a plea.

16         (2)  The information required in subsection (1) shall

17  be provided to the Department of Law Enforcement by the clerk

18  of the court for the county in which the sentence is imposed.

19  A certified copy of the judgment and sentence, along with the

20  required information, shall be sent within 10 days after the

21  date the offender is sentenced.

22         (3)  The Department of Law Enforcement must place the

23  information on the website within 5 business days after the

24  date it receives the information.

25         Section 11.  Section 938.14, Florida Statutes, is

26  created to read:

27         938.14  Prostitution and related

28  offenses.--Notwithstanding any law to the contrary, the court

29  shall assess any defendant who pleads guilty or nolo

30  contendere to, or is convicted of, a violation of any

31  provision of chapter 796, regardless of whether adjudication

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  was withheld, in addition to any fine and other penalty

 2  provided or authorized by law, an amount of $101, to be paid

 3  to the clerk of the court, who shall forward it to the

 4  Department of Revenue for deposit in the Operating Trust Fund

 5  of the Department of Law Enforcement to be used for the

 6  maintenance of the website required by s. 796.101. The clerk

 7  of the court shall retain $1 of each surcharge that the clerk

 8  of the court collects as a service charge of the clerk's

 9  office.

10         Section 12.  Subsection (1) of section 938.10, Florida

11  Statutes, is amended to read:

12         938.10  Additional court cost imposed in cases of

13  certain crimes against minors.--

14         (1)  If a person pleads guilty or nolo contendere to,

15  or is found guilty of, regardless of adjudication, any offense

16  against a minor in violation of s. 784.085, chapter 787,

17  chapter 794, s. 796.03, s. 800.04, chapter 827, s. 847.0145,

18  or s. 985.701, the court shall impose a court cost of $101

19  against the offender in addition to any other cost or penalty

20  required by law.

21         Section 13.  Paragraph (a) of subsection (1) of section

22  772.102, Florida Statutes, is amended to read:

23         772.102  Definitions.--As used in this chapter, the

24  term:

25         (1)  "Criminal activity" means to commit, to attempt to

26  commit, to conspire to commit, or to solicit, coerce, or

27  intimidate another person to commit:

28         (a)  Any crime that is chargeable by indictment or

29  information under the following provisions:

30         1.  Section 210.18, relating to evasion of payment of

31  cigarette taxes.

                                  16

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         2.  Section 414.39, relating to public assistance

 2  fraud.

 3         3.  Section 440.105 or s. 440.106, relating to workers'

 4  compensation.

 5         4.  Part IV of chapter 501, relating to telemarketing.

 6         5.  Chapter 517, relating to securities transactions.

 7         6.  Section 550.235, s. 550.3551, or s. 550.3605,

 8  relating to dogracing and horseracing.

 9         7.  Chapter 550, relating to jai alai frontons.

10         8.  Chapter 552, relating to the manufacture,

11  distribution, and use of explosives.

12         9.  Chapter 562, relating to beverage law enforcement.

13         10.  Section 624.401, relating to transacting insurance

14  without a certificate of authority, s. 624.437(4)(c)1.,

15  relating to operating an unauthorized multiple-employer

16  welfare arrangement, or s. 626.902(1)(b), relating to

17  representing or aiding an unauthorized insurer.

18         11.  Chapter 687, relating to interest and usurious

19  practices.

20         12.  Section 721.08, s. 721.09, or s. 721.13, relating

21  to real estate timeshare plans.

22         13.  Chapter 782, relating to homicide.

23         14.  Chapter 784, relating to assault and battery.

24         15.  Chapter 787, relating to kidnapping or human

25  trafficking.

26         16.  Chapter 790, relating to weapons and firearms.

27         17.  Section 796.03, s. 796.04, s. 796.045, s. 796.05,

28  s. 796.06, or s. 796.07, relating to prostitution.

29         18.  Chapter 806, relating to arson.

30         19.  Section 810.02(2)(c), relating to specified

31  burglary of a dwelling or structure.

                                  17

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         20.  Chapter 812, relating to theft, robbery, and

 2  related crimes.

 3         21.  Chapter 815, relating to computer-related crimes.

 4         22.  Chapter 817, relating to fraudulent practices,

 5  false pretenses, fraud generally, and credit card crimes.

 6         23.  Section 827.071, relating to commercial sexual

 7  exploitation of children.

 8         24.  Chapter 831, relating to forgery and

 9  counterfeiting.

10         25.  Chapter 832, relating to issuance of worthless

11  checks and drafts.

12         26.  Section 836.05, relating to extortion.

13         27.  Chapter 837, relating to perjury.

14         28.  Chapter 838, relating to bribery and misuse of

15  public office.

16         29.  Chapter 843, relating to obstruction of justice.

17         30.  Section 847.011, s. 847.012, s. 847.013, s.

18  847.06, or s. 847.07, relating to obscene literature and

19  profanity.

20         31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

21  or s. 849.25, relating to gambling.

22         32.  Chapter 893, relating to drug abuse prevention and

23  control.

24         33.  Section 914.22 or s. 914.23, relating to

25  witnesses, victims, or informants.

26         34.  Section 918.12 or s. 918.13, relating to tampering

27  with jurors and evidence.

28         Section 14.  Paragraph (a) of subsection (1) of section

29  895.02, Florida Statutes, is amended to read:

30         895.02  Definitions.--As used in ss. 895.01-895.08, the

31  term:

                                  18

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         (1)  "Racketeering activity" means to commit, to

 2  attempt to commit, to conspire to commit, or to solicit,

 3  coerce, or intimidate another person to commit:

 4         (a)  Any crime that is chargeable by indictment or

 5  information under the following provisions of the Florida

 6  Statutes:

 7         1.  Section 210.18, relating to evasion of payment of

 8  cigarette taxes.

 9         2.  Section 403.727(3)(b), relating to environmental

10  control.

11         3.  Section 409.920 or s. 409.9201, relating to

12  Medicaid fraud.

13         4.  Section 414.39, relating to public assistance

14  fraud.

15         5.  Section 440.105 or s. 440.106, relating to workers'

16  compensation.

17         6.  Section 443.071(4), relating to creation of a

18  fictitious employer scheme to commit unemployment compensation

19  fraud.

20         7.  Section 465.0161, relating to distribution of

21  medicinal drugs without a permit as an Internet pharmacy.

22         8.  Sections 499.0051, 499.0052, 499.00535, 499.00545,

23  and 499.0691, relating to crimes involving contraband and

24  adulterated drugs.

25         9.  Part IV of chapter 501, relating to telemarketing.

26         10.  Chapter 517, relating to sale of securities and

27  investor protection.

28         11.  Section 550.235, s. 550.3551, or s. 550.3605,

29  relating to dogracing and horseracing.

30         12.  Chapter 550, relating to jai alai frontons.

31         13.  Section 551.109, relating to slot machine gaming.

                                  19

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         14.  Chapter 552, relating to the manufacture,

 2  distribution, and use of explosives.

 3         15.  Chapter 560, relating to money transmitters, if

 4  the violation is punishable as a felony.

 5         16.  Chapter 562, relating to beverage law enforcement.

 6         17.  Section 624.401, relating to transacting insurance

 7  without a certificate of authority, s. 624.437(4)(c)1.,

 8  relating to operating an unauthorized multiple-employer

 9  welfare arrangement, or s. 626.902(1)(b), relating to

10  representing or aiding an unauthorized insurer.

11         18.  Section 655.50, relating to reports of currency

12  transactions, when such violation is punishable as a felony.

13         19.  Chapter 687, relating to interest and usurious

14  practices.

15         20.  Section 721.08, s. 721.09, or s. 721.13, relating

16  to real estate timeshare plans.

17         21.  Chapter 782, relating to homicide.

18         22.  Chapter 784, relating to assault and battery.

19         23.  Chapter 787, relating to kidnapping or human

20  trafficking.

21         24.  Chapter 790, relating to weapons and firearms.

22         25.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,

23  s. 796.05, s. 796.06, or s. 796.07, relating to prostitution

24  and sex trafficking.

25         26.  Chapter 806, relating to arson.

26         27.  Section 810.02(2)(c), relating to specified

27  burglary of a dwelling or structure.

28         28.  Chapter 812, relating to theft, robbery, and

29  related crimes.

30         29.  Chapter 815, relating to computer-related crimes.

31  

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         30.  Chapter 817, relating to fraudulent practices,

 2  false pretenses, fraud generally, and credit card crimes.

 3         31.  Chapter 825, relating to abuse, neglect, or

 4  exploitation of an elderly person or disabled adult.

 5         32.  Section 827.071, relating to commercial sexual

 6  exploitation of children.

 7         33.  Chapter 831, relating to forgery and

 8  counterfeiting.

 9         34.  Chapter 832, relating to issuance of worthless

10  checks and drafts.

11         35.  Section 836.05, relating to extortion.

12         36.  Chapter 837, relating to perjury.

13         37.  Chapter 838, relating to bribery and misuse of

14  public office.

15         38.  Chapter 843, relating to obstruction of justice.

16         39.  Section 847.011, s. 847.012, s. 847.013, s.

17  847.06, or s. 847.07, relating to obscene literature and

18  profanity.

19         40.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

20  or s. 849.25, relating to gambling.

21         41.  Chapter 874, relating to criminal street gangs.

22         42.  Chapter 893, relating to drug abuse prevention and

23  control.

24         43.  Chapter 896, relating to offenses related to

25  financial transactions.

26         44.  Sections 914.22 and 914.23, relating to tampering

27  with a witness, victim, or informant, and retaliation against

28  a witness, victim, or informant.

29         45.  Sections 918.12 and 918.13, relating to tampering

30  with jurors and evidence.

31  

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         Section 15.  Subsection (10) is added to section

 2  932.7055, Florida Statutes, to read:

 3         932.7055  Disposition of liens and forfeited

 4  property.--

 5         (10)  The office of the state attorney prosecuting the

 6  case, and a person providing information to law enforcement

 7  pursuant to s. 796.101 that materially assists law enforcement

 8  in the investigation of a felony violation under chapter 796

 9  and results in the forfeiture of property pursuant to s.

10  932.701(2)(a)5. or 6. shall each be entitled to a one-third

11  share of any proceeds remaining after any liens have been

12  satisfied and all court costs associated with the forfeiture

13  proceeding have been paid. Persons who were the subject of any

14  pending warrants, indictments, or information in any

15  jurisdiction or were on any community supervision at the time

16  they provided the information are not entitled to receive a

17  share of the proceeds of the forfeiture action. Law

18  enforcement officers shall not be eligible to receive a share

19  of the proceeds of the forfeiture action.

20         Section 16.  Subsection (7) of section 322.28, Florida

21  Statutes, is amended to read:

22         322.28  Period of suspension or revocation.--

23         (7)  Following a second or subsequent violation of s.

24  796.07(1)(e)(2)(f) which involves a motor vehicle and which

25  results in any judicial disposition other than acquittal or

26  dismissal, in addition to any other sentence imposed, the

27  court shall revoke the person's driver's license or driving

28  privilege, effective upon the date of the disposition, for a

29  period of not less than 1 year. A person sentenced under this

30  subsection may request a hearing under s. 322.271.

31  

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         Section 17.  Paragraph (a) of subsection (4) and

 2  paragraph (b) of subsection (10) of section 775.21, Florida

 3  Statutes, are amended to read:

 4         775.21  The Florida Sexual Predators Act.--

 5         (4)  SEXUAL PREDATOR CRITERIA.--

 6         (a)  For a current offense committed on or after

 7  October 1, 1993, upon conviction, an offender shall be

 8  designated as a "sexual predator" under subsection (5), and

 9  subject to registration under subsection (6) and community and

10  public notification under subsection (7) if:

11         1.  The felony is:

12         a.  A capital, life, or first-degree felony violation,

13  or any attempt thereof, of s. 787.01 or s. 787.02, where the

14  victim is a minor and the defendant is not the victim's

15  parent, or of chapter 794, s. 800.04, or s. 847.0145, or a

16  violation of a similar law of another jurisdiction; or

17         b.  Any felony violation, or any attempt thereof, of s.

18  787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a

19  minor and the defendant is not the victim's parent; chapter

20  794, excluding ss. 794.011(10) and 794.0235; s. 796.03; former

21  s. 796.035; s. 796.045(2)(b); s. 800.04; s. 825.1025(2)(b); s.

22  827.071; s. 847.0145; or s. 985.701(1); or a violation of a

23  similar law of another jurisdiction, and the offender has

24  previously been convicted of or found to have committed, or

25  has pled nolo contendere or guilty to, regardless of

26  adjudication, any violation of s. 787.01, s. 787.02, or s.

27  787.025(2)(c), where the victim is a minor and the defendant

28  is not the victim's parent; s. 794.011(2), (3), (4), (5), or

29  (8); s. 794.05; s. 796.03; former s. 796.035; s.

30  796.045(2)(b); s. 800.04; s. 825.1025; s. 827.071; s.

31  

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  847.0133; s. 847.0135; s. 847.0145; or s. 985.701(1); or a

 2  violation of a similar law of another jurisdiction;

 3         2.  The offender has not received a pardon for any

 4  felony or similar law of another jurisdiction that is

 5  necessary for the operation of this paragraph; and

 6         3.  A conviction of a felony or similar law of another

 7  jurisdiction necessary to the operation of this paragraph has

 8  not been set aside in any postconviction proceeding.

 9         (10)  PENALTIES.--

10         (b)  A sexual predator who has been convicted of or

11  found to have committed, or has pled nolo contendere or guilty

12  to, regardless of adjudication, any violation, or attempted

13  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where

14  the victim is a minor and the defendant is not the victim's

15  parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s.

16  796.03; former s. 796.035; s. 796.045(2)(b); s. 800.04; s.

17  827.071; s. 847.0133; s. 847.0145; or s. 985.701(1); or a

18  violation of a similar law of another jurisdiction when the

19  victim of the offense was a minor, and who works, whether for

20  compensation or as a volunteer, at any business, school, day

21  care center, park, playground, or other place where children

22  regularly congregate, commits a felony of the third degree,

23  punishable as provided in s. 775.082, s. 775.083, or s.

24  775.084.

25         Section 18.  Paragraph (a) of subsection (1) of section

26  943.0435, Florida Statutes, is amended to read:

27         943.0435  Sexual offenders required to register with

28  the department; penalty.--

29         (1)  As used in this section, the term:

30  

31  

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         (a)  "Sexual offender" means a person who meets the

 2  criteria in subparagraph 1., subparagraph 2., or subparagraph

 3  3., as follows:

 4         1.a.  Has been convicted of committing, or attempting,

 5  soliciting, or conspiring to commit, any of the criminal

 6  offenses proscribed in the following statutes in this state or

 7  similar offenses in another jurisdiction: s. 787.01, s.

 8  787.02, or s. 787.025(2)(c), where the victim is a minor and

 9  the defendant is not the victim's parent; chapter 794,

10  excluding ss. 794.011(10) and 794.0235; s. 796.03; former s.

11  796.035; s. 796.045(2)(b); s. 800.04; s. 825.1025; s. 827.071;

12  s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s.

13  847.0145; or s. 985.701(1); or any similar offense committed

14  in this state which has been redesignated from a former

15  statute number to one of those listed in this

16  sub-subparagraph; and

17         b.  Has been released on or after October 1, 1997, from

18  the sanction imposed for any conviction of an offense

19  described in sub-subparagraph a. For purposes of

20  sub-subparagraph a., a sanction imposed in this state or in

21  any other jurisdiction includes, but is not limited to, a

22  fine, probation, community control, parole, conditional

23  release, control release, or incarceration in a state prison,

24  federal prison, private correctional facility, or local

25  detention facility;

26         2.  Establishes or maintains a residence in this state

27  and who has not been designated as a sexual predator by a

28  court of this state but who has been designated as a sexual

29  predator, as a sexually violent predator, or by another sexual

30  offender designation in another state or jurisdiction and was,

31  as a result of such designation, subjected to registration or

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  community or public notification, or both, or would be if the

 2  person were a resident of that state or jurisdiction, without

 3  regard to whether the person otherwise meets the criteria for

 4  registration as a sexual offender; or

 5         3.  Establishes or maintains a residence in this state

 6  who is in the custody or control of, or under the supervision

 7  of, any other state or jurisdiction as a result of a

 8  conviction for committing, or attempting, soliciting, or

 9  conspiring to commit, any of the criminal offenses proscribed

10  in the following statutes or similar offense in another

11  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where

12  the victim is a minor and the defendant is not the victim's

13  parent; chapter 794, excluding ss. 794.011(10) and 794.0235;

14  s. 796.03; former s. 796.035; s. 796.045(2)(b); s. 800.04; s.

15  825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137;

16  s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar

17  offense committed in this state which has been redesignated

18  from a former statute number to one of those listed in this

19  subparagraph.

20         Section 19.  Paragraph (b) of subsection (1) of section

21  944.606, Florida Statutes, is amended to read:

22         944.606  Sexual offenders; notification upon release.--

23         (1)  As used in this section:

24         (b)  "Sexual offender" means a person who has been

25  convicted of committing, or attempting, soliciting, or

26  conspiring to commit, any of the criminal offenses proscribed

27  in the following statutes in this state or similar offenses in

28  another jurisdiction: s. 787.01, s. 787.02, or s.

29  787.025(2)(c), where the victim is a minor and the defendant

30  is not the victim's parent; chapter 794, excluding ss.

31  794.011(10) and 794.0235; s. 796.03; former s. 796.035; s.

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  796.045(2)(b); s. 800.04; s. 825.1025; s. 827.071; s.

 2  847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145;

 3  or s. 985.701(1); or any similar offense committed in this

 4  state which has been redesignated from a former statute number

 5  to one of those listed in this subsection, when the department

 6  has received verified information regarding such conviction;

 7  an offender's computerized criminal history record is not, in

 8  and of itself, verified information.

 9         Section 20.  Paragraph (a) of subsection (1) of section

10  944.607, Florida Statutes, is amended to read:

11         944.607  Notification to Department of Law Enforcement

12  of information on sexual offenders.--

13         (1)  As used in this section, the term:

14         (a)  "Sexual offender" means a person who is in the

15  custody or control of, or under the supervision of, the

16  department or is in the custody of a private correctional

17  facility:

18         1.  On or after October 1, 1997, as a result of a

19  conviction for committing, or attempting, soliciting, or

20  conspiring to commit, any of the criminal offenses proscribed

21  in the following statutes in this state or similar offenses in

22  another jurisdiction: s. 787.01, s. 787.02, or s.

23  787.025(2)(c), where the victim is a minor and the defendant

24  is not the victim's parent; chapter 794, excluding ss.

25  794.011(10) and 794.0235; s. 796.03; former s. 796.035; s.

26  796.045(2)(b); s. 800.04; s. 825.1025; s. 827.071; s.

27  847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145;

28  or s. 985.701(1); or any similar offense committed in this

29  state which has been redesignated from a former statute number

30  to one of those listed in this paragraph; or

31  

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1         2.  Who establishes or maintains a residence in this

 2  state and who has not been designated as a sexual predator by

 3  a court of this state but who has been designated as a sexual

 4  predator, as a sexually violent predator, or by another sexual

 5  offender designation in another state or jurisdiction and was,

 6  as a result of such designation, subjected to registration or

 7  community or public notification, or both, or would be if the

 8  person were a resident of that state or jurisdiction, without

 9  regard as to whether the person otherwise meets the criteria

10  for registration as a sexual offender.

11         Section 21.  Paragraphs (a), (b), (d), (g), (h), and

12  (i) of subsection (3) of section 921.0022, Florida Statutes,

13  are amended to read:

14         921.0022  Criminal Punishment Code; offense severity

15  ranking chart.--

16         (3)  OFFENSE SEVERITY RANKING CHART

17  Florida           Felony    Description

18  Statute           Degree

19                              (a)  LEVEL 1

20  24.118(3)(a)       3rd      Counterfeit or altered state

21                              lottery ticket.

22  212.054(2)(b)      3rd      Discretionary sales surtax;

23                              limitations, administration, and

24                              collection.

25  212.15(2)(b)       3rd      Failure to remit sales taxes,

26                              amount greater than $300 but less

27                              than $20,000.

28  316.1935(1)        3rd      Fleeing or attempting to elude

29                              law enforcement officer.

30  

31  

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  319.30(5)          3rd      Sell, exchange, give away

 2                              certificate of title or

 3                              identification number plate.

 4  319.35(1)(a)       3rd      Tamper, adjust, change, etc., an

 5                              odometer.

 6  320.26(1)(a)       3rd      Counterfeit, manufacture, or sell

 7                              registration license plates or

 8                              validation stickers.

 9  322.212(1)(a)-(c)  3rd      Possession of forged, stolen,

10                              counterfeit, or unlawfully issued

11                              driver's license; possession of

12                              simulated identification.

13  322.212(4)         3rd      Supply or aid in supplying

14                              unauthorized driver's license or

15                              identification card.

16  322.212(5)(a)      3rd      False application for driver's

17                              license or identification card.

18  414.39(2)          3rd      Unauthorized use, possession,

19                              forgery, or alteration of food

20                              stamps, Medicaid ID, value

21                              greater than $200.

22  414.39(3)(a)       3rd      Fraudulent misappropriation of

23                              public assistance funds by

24                              employee/official, value more

25                              than $200.

26  443.071(1)         3rd      False statement or representation

27                              to obtain or increase

28                              unemployment compensation

29                              benefits.

30  509.151(1)         3rd      Defraud an innkeeper, food or

31                              lodging value greater than $300.

                                  29

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  517.302(1)         3rd      Violation of the Florida

 2                              Securities and Investor

 3                              Protection Act.

 4  562.27(1)          3rd      Possess still or still apparatus.

 5  713.69             3rd      Tenant removes property upon

 6                              which lien has accrued, value

 7                              more than $50.

 8  796.07(3)(c)       3rd      Prostitution, 3rd or subsequent

 9                              violation.

10  812.014(3)(c)      3rd      Petit theft (3rd conviction);

11                              theft of any property not

12                              specified in subsection (2).

13  812.081(2)         3rd      Unlawfully makes or causes to be

14                              made a reproduction of a trade

15                              secret.

16  815.04(4)(a)       3rd      Offense against intellectual

17                              property (i.e., computer

18                              programs, data).

19  817.52(2)          3rd      Hiring with intent to defraud,

20                              motor vehicle services.

21  817.569(2)         3rd      Use of public record or public

22                              records information to facilitate

23                              commission of a felony.

24  826.01             3rd      Bigamy.

25  828.122(3)         3rd      Fighting or baiting animals.

26  831.04(1)          3rd      Any erasure, alteration, etc., of

27                              any replacement deed, map, plat,

28                              or other document listed in s.

29                              92.28.

30  

31  

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  831.31(1)(a)       3rd      Sell, deliver, or possess

 2                              counterfeit controlled

 3                              substances, all but s. 893.03(5)

 4                              drugs.

 5  832.041(1)         3rd      Stopping payment with intent to

 6                              defraud $150 or more.

 7  832.05(2)(b) & (4)(c)3rd      Knowing, making, issuing

 8                              worthless checks $150 or more or

 9                              obtaining property in return for

10                              worthless check $150 or more.

11  838.15(2)          3rd      Commercial bribe receiving.

12  838.16             3rd      Commercial bribery.

13  843.18             3rd      Fleeing by boat to elude a law

14                              enforcement officer.

15  847.011(1)(a)      3rd      Sell, distribute, etc., obscene,

16                              lewd, etc., material (2nd

17                              conviction).

18  849.01             3rd      Keeping gambling house.

19  849.09(1)(a)-(d)   3rd      Lottery; set up, promote, etc.,

20                              or assist therein, conduct or

21                              advertise drawing for prizes, or

22                              dispose of property or money by

23                              means of lottery.

24  849.23             3rd      Gambling-related machines;

25                              "common offender" as to property

26                              rights.

27  849.25(2)          3rd      Engaging in bookmaking.

28  860.08             3rd      Interfere with a railroad signal.

29  860.13(1)(a)       3rd      Operate aircraft while under the

30                              influence.

31  893.13(2)(a)2.     3rd      Purchase of cannabis.

                                  31

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






    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  893.13(6)(a)       3rd      Possession of cannabis (more than

 2                              20 grams).

 3  934.03(1)(a)       3rd      Intercepts, or procures any other

 4                              person to intercept, any wire or

 5                              oral communication.

 6                              (b)  LEVEL 2

 7  370.12(1)(e)3.     3rd      Possession of 11 or fewer marine

 8                              turtle eggs in violation of the

 9                              Marine Turtle Protection Act.

10  370.12(1)(e)4.     3rd      Possession of more than 11 marine

11                              turtle eggs in violation of the

12                              Marine Turtle Protection Act.

13  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

14                              lbs. in weight or 100 cubic feet

15                              in volume or any quantity for

16                              commercial purposes, or hazardous

17                              waste.

18  517.07             3rd      Registration of securities and

19                              furnishing of prospectus

20                              required.

21  590.28(1)          3rd      Willful, malicious, or

22                              intentional burning.

23  784.05(3)          3rd      Storing or leaving a loaded

24                              firearm within reach of minor who

25                              uses it to inflict injury or

26                              death.

27  787.04(1)          3rd      In violation of court order,

28                              take, entice, etc., minor beyond

29                              state limits.

30  796.06             3rd      Furthering activity prohibited in

31                              chapter 796.

                                  32

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

 2                              or more to public communication

 3                              or any other public service.

 4  810.061(2)         3rd      Impairing or impeding telephone

 5                              or power to a dwelling;

 6                              facilitating or furthering

 7                              burglary.

 8  810.09(2)(e)       3rd      Trespassing on posted commercial

 9                              horticulture property.

10  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

11                              more but less than $5,000.

12  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

13                              more but less than $300, taken

14                              from unenclosed curtilage of

15                              dwelling.

16  812.015(7)         3rd      Possession, use, or attempted use

17                              of an antishoplifting or

18                              inventory control device

19                              countermeasure.

20  817.234(1)(a)2.    3rd      False statement in support of

21                              insurance claim.

22  817.481(3)(a)      3rd      Obtain credit or purchase with

23                              false, expired, counterfeit,

24                              etc., credit card, value over

25                              $300.

26  817.52(3)          3rd      Failure to redeliver hired

27                              vehicle.

28  817.54             3rd      With intent to defraud, obtain

29                              mortgage note, etc., by false

30                              representation.

31  

                                  33

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  817.60(5)          3rd      Dealing in credit cards of

 2                              another.

 3  817.60(6)(a)       3rd      Forgery; purchase goods, services

 4                              with false card.

 5  817.61             3rd      Fraudulent use of credit cards

 6                              over $100 or more within 6

 7                              months.

 8  826.04             3rd      Knowingly marries or has sexual

 9                              intercourse with person to whom

10                              related.

11  831.01             3rd      Forgery.

12  831.02             3rd      Uttering forged instrument;

13                              utters or publishes alteration

14                              with intent to defraud.

15  831.07             3rd      Forging bank bills, checks,

16                              drafts, or promissory notes.

17  831.08             3rd      Possessing 10 or more forged

18                              notes, bills, checks, or drafts.

19  831.09             3rd      Uttering forged notes, bills,

20                              checks, drafts, or promissory

21                              notes.

22  831.11             3rd      Bringing into the state forged

23                              bank bills, checks, drafts, or

24                              notes.

25  832.05(3)(a)       3rd      Cashing or depositing item with

26                              intent to defraud.

27  843.08             3rd      Falsely impersonating an officer.

28  

29  

30  

31  

                                  34

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

 2                              (2)(c)1., (2)(c)2., (2)(c)3.,

 3                              (2)(c)5., (2)(c)6., (2)(c)7.,

 4                              (2)(c)8., (2)(c)9., (3), or (4)

 5                              drugs other than cannabis.

 6  893.147(2)         3rd      Manufacture or delivery of drug

 7                              paraphernalia.

 8                              (d)  LEVEL 4

 9  316.1935(3)(a)     2nd      Driving at high speed or with

10                              wanton disregard for safety while

11                              fleeing or attempting to elude

12                              law enforcement officer who is in

13                              a patrol vehicle with siren and

14                              lights activated.

15  499.0051(1)        3rd      Failure to maintain or deliver

16                              pedigree papers.

17  499.0051(2)        3rd      Failure to authenticate pedigree

18                              papers.

19  499.0051(6)        2nd      Sale or delivery, or possession

20                              with intent to sell, contraband

21                              legend drugs.

22  784.07(2)(b)       3rd      Battery of law enforcement

23                              officer, firefighter, intake

24                              officer, etc.

25  784.074(1)(c)      3rd      Battery of sexually violent

26                              predators facility staff.

27  784.075            3rd      Battery on detention or

28                              commitment facility staff.

29  784.078            3rd      Battery of facility employee by

30                              throwing, tossing, or expelling

31                              certain fluids or materials.

                                  35

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  784.08(2)(c)       3rd      Battery on a person 65 years of

 2                              age or older.

 3  784.081(3)         3rd      Battery on specified official or

 4                              employee.

 5  784.082(3)         3rd      Battery by detained person on

 6                              visitor or other detainee.

 7  784.083(3)         3rd      Battery on code inspector.

 8  784.085            3rd      Battery of child by throwing,

 9                              tossing, projecting, or expelling

10                              certain fluids or materials.

11  787.03(1)          3rd      Interference with custody;

12                              wrongly takes minor from

13                              appointed guardian.

14  787.04(2)          3rd      Take, entice, or remove child

15                              beyond state limits with criminal

16                              intent pending custody

17                              proceedings.

18  787.04(3)          3rd      Carrying child beyond state lines

19                              with criminal intent to avoid

20                              producing child at custody

21                              hearing or delivering to

22                              designated person.

23  790.115(1)         3rd      Exhibiting firearm or weapon

24                              within 1,000 feet of a school.

25  790.115(2)(b)      3rd      Possessing electric weapon or

26                              device, destructive device, or

27                              other weapon on school property.

28  790.115(2)(c)      3rd      Possessing firearm on school

29                              property.

30  796.05             3rd      Deriving support from

31                              prostitution proceeds.

                                  36

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

 2                              offender less than 18 years.

 3  810.02(4)(a)       3rd      Burglary, or attempted burglary,

 4                              of an unoccupied structure;

 5                              unarmed; no assault or battery.

 6  810.02(4)(b)       3rd      Burglary, or attempted burglary,

 7                              of an unoccupied conveyance;

 8                              unarmed; no assault or battery.

 9  810.06             3rd      Burglary; possession of tools.

10  810.08(2)(c)       3rd      Trespass on property, armed with

11                              firearm or dangerous weapon.

12  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

13                              or more but less than $20,000.

14  812.014(2)(c)4.-10.3rd      Grand theft, 3rd degree, a will,

15                              firearm, motor vehicle,

16                              livestock, etc.

17  812.0195(2)        3rd      Dealing in stolen property by use

18                              of the Internet; property stolen

19                              $300 or more.

20  817.563(1)         3rd      Sell or deliver substance other

21                              than controlled substance agreed

22                              upon, excluding s. 893.03(5)

23                              drugs.

24  817.568(2)(a)      3rd      Fraudulent use of personal

25                              identification information.

26  817.625(2)(a)      3rd      Fraudulent use of scanning device

27                              or reencoder.

28  828.125(1)         2nd      Kill, maim, or cause great bodily

29                              harm or permanent breeding

30                              disability to any registered

31                              horse or cattle.

                                  37

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  837.02(1)          3rd      Perjury in official proceedings.

 2  837.021(1)         3rd      Make contradictory statements in

 3                              official proceedings.

 4  838.022            3rd      Official misconduct.

 5  839.13(2)(a)       3rd      Falsifying records of an

 6                              individual in the care and

 7                              custody of a state agency.

 8  839.13(2)(c)       3rd      Falsifying records of the

 9                              Department of Children and Family

10                              Services.

11  843.021            3rd      Possession of a concealed

12                              handcuff key by a person in

13                              custody.

14  843.025            3rd      Deprive law enforcement,

15                              correctional, or correctional

16                              probation officer of means of

17                              protection or communication.

18  843.15(1)(a)       3rd      Failure to appear while on bail

19                              for felony (bond estreature or

20                              bond jumping).

21  874.05(1)          3rd      Encouraging or recruiting another

22                              to join a criminal street gang.

23  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

24                              893.03(1)(a), (b), or (d),

25                              (2)(a), (2)(b), or (2)(c)4.

26                              drugs).

27  914.14(2)          3rd      Witnesses accepting bribes.

28  914.22(1)          3rd      Force, threaten, etc., witness,

29                              victim, or informant.

30  

31  

                                  38

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  914.23(2)          3rd      Retaliation against a witness,

 2                              victim, or informant, no bodily

 3                              injury.

 4  918.12             3rd      Tampering with jurors.

 5  934.215            3rd      Use of two-way communications

 6                              device to facilitate commission

 7                              of a crime.

 8                              (g)  LEVEL 7

 9  316.027(1)(b)      1st      Accident involving death, failure

10                              to stop; leaving scene.

11  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

12                              injury.

13  316.1935(3)(b)     1st      Causing serious bodily injury or

14                              death to another person; driving

15                              at high speed or with wanton

16                              disregard for safety while

17                              fleeing or attempting to elude

18                              law enforcement officer who is in

19                              a patrol vehicle with siren and

20                              lights activated.

21  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

22                              bodily injury.

23  402.319(2)         2nd      Misrepresentation and negligence

24                              or intentional act resulting in

25                              great bodily harm, permanent

26                              disfiguration, permanent

27                              disability, or death.

28  409.920(2)         3rd      Medicaid provider fraud.

29  456.065(2)         3rd      Practicing a health care

30                              profession without a license.

31  

                                  39

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  456.065(2)         2nd      Practicing a health care

 2                              profession without a license

 3                              which results in serious bodily

 4                              injury.

 5  458.327(1)         3rd      Practicing medicine without a

 6                              license.

 7  459.013(1)         3rd      Practicing osteopathic medicine

 8                              without a license.

 9  460.411(1)         3rd      Practicing chiropractic medicine

10                              without a license.

11  461.012(1)         3rd      Practicing podiatric medicine

12                              without a license.

13  462.17             3rd      Practicing naturopathy without a

14                              license.

15  463.015(1)         3rd      Practicing optometry without a

16                              license.

17  464.016(1)         3rd      Practicing nursing without a

18                              license.

19  465.015(2)         3rd      Practicing pharmacy without a

20                              license.

21  466.026(1)         3rd      Practicing dentistry or dental

22                              hygiene without a license.

23  467.201            3rd      Practicing midwifery without a

24                              license.

25  468.366            3rd      Delivering respiratory care

26                              services without a license.

27  483.828(1)         3rd      Practicing as clinical laboratory

28                              personnel without a license.

29  483.901(9)         3rd      Practicing medical physics

30                              without a license.

31  

                                  40

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  484.013(1)(c)      3rd      Preparing or dispensing optical

 2                              devices without a prescription.

 3  484.053            3rd      Dispensing hearing aids without a

 4                              license.

 5  494.0018(2)        1st      Conviction of any violation of

 6                              ss. 494.001-494.0077 in which the

 7                              total money and property

 8                              unlawfully obtained exceeded

 9                              $50,000 and there were five or

10                              more victims.

11  560.123(8)(b)1.    3rd      Failure to report currency or

12                              payment instruments exceeding

13                              $300 but less than $20,000 by

14                              money transmitter.

15  560.125(5)(a)      3rd      Money transmitter business by

16                              unauthorized person, currency or

17                              payment instruments exceeding

18                              $300 but less than $20,000.

19  655.50(10)(b)1.    3rd      Failure to report financial

20                              transactions exceeding $300 but

21                              less than $20,000 by financial

22                              institution.

23  775.21(10)(a)      3rd      Sexual predator; failure to

24                              register; failure to renew

25                              driver's license or

26                              identification card; other

27                              registration violations.

28  775.21(10)(b)      3rd      Sexual predator working where

29                              children regularly congregate.

30  

31  

                                  41

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  775.21(10)(g)      3rd      Failure to report or providing

 2                              false information about a sexual

 3                              predator; harbor or conceal a

 4                              sexual predator.

 5  782.051(3)         2nd      Attempted felony murder of a

 6                              person by a person other than the

 7                              perpetrator or the perpetrator of

 8                              an attempted felony.

 9  782.07(1)          2nd      Killing of a human being by the

10                              act, procurement, or culpable

11                              negligence of another

12                              (manslaughter).

13  782.071            2nd      Killing of human being or viable

14                              fetus by the operation of a motor

15                              vehicle in a reckless manner

16                              (vehicular homicide).

17  782.072            2nd      Killing of a human being by the

18                              operation of a vessel in a

19                              reckless manner (vessel

20                              homicide).

21  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

22                              causing great bodily harm or

23                              disfigurement.

24  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

25                              weapon.

26  784.045(1)(b)      2nd      Aggravated battery; perpetrator

27                              aware victim pregnant.

28  784.048(4)         3rd      Aggravated stalking; violation of

29                              injunction or court order.

30  784.048(7)         3rd      Aggravated stalking; violation of

31                              court order.

                                  42

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  784.07(2)(d)       1st      Aggravated battery on law

 2                              enforcement officer.

 3  784.074(1)(a)      1st      Aggravated battery on sexually

 4                              violent predators facility staff.

 5  784.08(2)(a)       1st      Aggravated battery on a person 65

 6                              years of age or older.

 7  784.081(1)         1st      Aggravated battery on specified

 8                              official or employee.

 9  784.082(1)         1st      Aggravated battery by detained

10                              person on visitor or other

11                              detainee.

12  784.083(1)         1st      Aggravated battery on code

13                              inspector.

14  790.07(4)          1st      Specified weapons violation

15                              subsequent to previous conviction

16                              of s. 790.07(1) or (2).

17  790.16(1)          1st      Discharge of a machine gun under

18                              specified circumstances.

19  790.165(2)         2nd      Manufacture, sell, possess, or

20                              deliver hoax bomb.

21  790.165(3)         2nd      Possessing, displaying, or

22                              threatening to use any hoax bomb

23                              while committing or attempting to

24                              commit a felony.

25  790.166(3)         2nd      Possessing, selling, using, or

26                              attempting to use a hoax weapon

27                              of mass destruction.

28  

29  

30  

31  

                                  43

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  790.166(4)         2nd      Possessing, displaying, or

 2                              threatening to use a hoax weapon

 3                              of mass destruction while

 4                              committing or attempting to

 5                              commit a felony.

 6  796.03             1st 2nd  Procuring any minor person under

 7                              16 years for prostitution.

 8  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

 9                              victim less than 12 years of age;

10                              offender less than 18 years.

11  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

12                              victim 12 years of age or older

13                              but less than 16 years; offender

14                              18 years or older.

15  806.01(2)          2nd      Maliciously damage structure by

16                              fire or explosive.

17  810.02(3)(a)       2nd      Burglary of occupied dwelling;

18                              unarmed; no assault or battery.

19  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

20                              unarmed; no assault or battery.

21  810.02(3)(d)       2nd      Burglary of occupied conveyance;

22                              unarmed; no assault or battery.

23  812.014(2)(a)1.    1st      Property stolen, valued at

24                              $100,000 or more or a semitrailer

25                              deployed by a law enforcement

26                              officer; property stolen while

27                              causing other property damage;

28                              1st degree grand theft.

29  812.014(2)(b)2.    2nd      Property stolen, cargo valued at

30                              less than $50,000, grand theft in

31                              2nd degree.

                                  44

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  812.014(2)(b)3.    2nd      Property stolen, emergency

 2                              medical equipment; 2nd degree

 3                              grand theft.

 4  812.0145(2)(a)     1st      Theft from person 65 years of age

 5                              or older; $50,000 or more.

 6  812.019(2)         1st      Stolen property; initiates,

 7                              organizes, plans, etc., the theft

 8                              of property and traffics in

 9                              stolen property.

10  812.131(2)(a)      2nd      Robbery by sudden snatching.

11  812.133(2)(b)      1st      Carjacking; no firearm, deadly

12                              weapon, or other weapon.

13  817.234(8)(a)      2nd      Solicitation of motor vehicle

14                              accident victims with intent to

15                              defraud.

16  817.234(9)         2nd      Organizing, planning, or

17                              participating in an intentional

18                              motor vehicle collision.

19  817.234(11)(c)     1st      Insurance fraud; property value

20                              $100,000 or more.

21  817.2341(2)(b) & (3)(b)1st      Making false entries of material

22                              fact or false statements

23                              regarding property values

24                              relating to the solvency of an

25                              insuring entity which are a

26                              significant cause of the

27                              insolvency of that entity.

28  825.102(3)(b)      2nd      Neglecting an elderly person or

29                              disabled adult causing great

30                              bodily harm, disability, or

31                              disfigurement.

                                  45

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  825.103(2)(b)      2nd      Exploiting an elderly person or

 2                              disabled adult and property is

 3                              valued at $20,000 or more, but

 4                              less than $100,000.

 5  827.03(3)(b)       2nd      Neglect of a child causing great

 6                              bodily harm, disability, or

 7                              disfigurement.

 8  827.04(3)          3rd      Impregnation of a child under 16

 9                              years of age by person 21 years

10                              of age or older.

11  837.05(2)          3rd      Giving false information about

12                              alleged capital felony to a law

13                              enforcement officer.

14  838.015            2nd      Bribery.

15  838.016            2nd      Unlawful compensation or reward

16                              for official behavior.

17  838.021(3)(a)      2nd      Unlawful harm to a public

18                              servant.

19  838.22             2nd      Bid tampering.

20  847.0135(3)        3rd      Solicitation of a child, via a

21                              computer service, to commit an

22                              unlawful sex act.

23  872.06             2nd      Abuse of a dead human body.

24  

25  

26  

27  

28  

29  

30  

31  

                                  46

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

 2                              cocaine (or other drug prohibited

 3                              under s. 893.03(1)(a), (1)(b),

 4                              (1)(d), (2)(a), (2)(b), or

 5                              (2)(c)4.) within 1,000 feet of a

 6                              child care facility, school, or

 7                              state, county, or municipal park

 8                              or publicly owned recreational

 9                              facility or community center.

10  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

11                              cocaine or other drug prohibited

12                              under s. 893.03(1)(a), (1)(b),

13                              (1)(d), (2)(a), (2)(b), or

14                              (2)(c)4., within 1,000 feet of

15                              property used for religious

16                              services or a specified business

17                              site.

18  893.13(4)(a)       1st      Deliver to minor cocaine (or

19                              other s. 893.03(1)(a), (1)(b),

20                              (1)(d), (2)(a), (2)(b), or

21                              (2)(c)4. drugs).

22  893.135(1)(a)1.    1st      Trafficking in cannabis, more

23                              than 25 lbs., less than 2,000

24                              lbs.

25  893.135(1)(b)1.a.  1st      Trafficking in cocaine, more than

26                              28 grams, less than 200 grams.

27  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs,

28                              more than 4 grams, less than 14

29                              grams.

30  

31  

                                  47

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  893.135(1)(d)1.    1st      Trafficking in phencyclidine,

 2                              more than 28 grams, less than 200

 3                              grams.

 4  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

 5                              than 200 grams, less than 5

 6                              kilograms.

 7  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

 8                              than 14 grams, less than 28

 9                              grams.

10  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4

11                              grams or more, less than 14

12                              grams.

13  893.135(1)(h)1.a.  1st      Trafficking in

14                              gamma-hydroxybutyric acid (GHB),

15                              1 kilogram or more, less than 5

16                              kilograms.

17  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1

18                              kilogram or more, less than 5

19                              kilograms.

20  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines,

21                              10 grams or more, less than 200

22                              grams.

23  896.101(5)(a)      3rd      Money laundering, financial

24                              transactions exceeding $300 but

25                              less than $20,000.

26  896.104(4)(a)1.    3rd      Structuring transactions to evade

27                              reporting or registration

28                              requirements, financial

29                              transactions exceeding $300 but

30                              less than $20,000.

31  

                                  48

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  943.0435(4)(c)     2nd      Sexual offender vacating

 2                              permanent residence; failure to

 3                              comply with reporting

 4                              requirements.

 5  943.0435(8)        2nd      Sexual offender; remains in state

 6                              after indicating intent to leave;

 7                              failure to comply with reporting

 8                              requirements.

 9  943.0435(9)(a)     3rd      Sexual offender; failure to

10                              comply with reporting

11                              requirements.

12  943.0435(13)       3rd      Failure to report or providing

13                              false information about a sexual

14                              offender; harbor or conceal a

15                              sexual offender.

16  943.0435(14)       3rd      Sexual offender; failure to

17                              report and reregister; failure to

18                              respond to address verification.

19  944.607(9)         3rd      Sexual offender; failure to

20                              comply with reporting

21                              requirements.

22  944.607(10)(a)     3rd      Sexual offender; failure to

23                              submit to the taking of a

24                              digitized photograph.

25  944.607(12)        3rd      Failure to report or providing

26                              false information about a sexual

27                              offender; harbor or conceal a

28                              sexual offender.

29  944.607(13)        3rd      Sexual offender; failure to

30                              report and reregister; failure to

31                              respond to address verification.

                                  49

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1                              (h)  LEVEL 8

 2  316.193(3)(c)3.a.  2nd      DUI manslaughter.

 3  316.1935(4)(b)     1st      Aggravated fleeing or attempted

 4                              eluding with serious bodily

 5                              injury or death.

 6  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

 7  499.0051(7)        1st      Forgery of prescription or legend

 8                              drug labels.

 9  499.0052           1st      Trafficking in contraband legend

10                              drugs.

11  560.123(8)(b)2.    2nd      Failure to report currency or

12                              payment instruments totaling or

13                              exceeding $20,000, but less than

14                              $100,000 by money transmitter.

15  560.125(5)(b)      2nd      Money transmitter business by

16                              unauthorized person, currency or

17                              payment instruments totaling or

18                              exceeding $20,000, but less than

19                              $100,000.

20  655.50(10)(b)2.    2nd      Failure to report financial

21                              transactions totaling or

22                              exceeding $20,000, but less than

23                              $100,000 by financial

24                              institutions.

25  777.03(2)(a)       1st      Accessory after the fact, capital

26                              felony.

27  

28  

29  

30  

31  

                                  50

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  782.04(4)          2nd      Killing of human without design

 2                              when engaged in act or attempt of

 3                              any felony other than arson,

 4                              sexual battery, robbery,

 5                              burglary, kidnapping, aircraft

 6                              piracy, or unlawfully discharging

 7                              bomb.

 8  782.051(2)         1st      Attempted felony murder while

 9                              perpetrating or attempting to

10                              perpetrate a felony not

11                              enumerated in s. 782.04(3).

12  782.071(1)(b)      1st      Committing vehicular homicide and

13                              failing to render aid or give

14                              information.

15  782.072(2)         1st      Committing vessel homicide and

16                              failing to render aid or give

17                              information.

18  790.161(3)         1st      Discharging a destructive device

19                              which results in bodily harm or

20                              property damage.

21  794.011(5)         2nd      Sexual battery, victim 12 years

22                              or over, offender does not use

23                              physical force likely to cause

24                              serious injury.

25  796.045(1)         1st      Sex trafficking.

26  800.04(4)          2nd      Lewd or lascivious battery.

27  806.01(1)          1st      Maliciously damage dwelling or

28                              structure by fire or explosive,

29                              believing person in structure.

30  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

31  

                                  51

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

 2                              or dangerous weapon.

 3  810.02(2)(c)       1st      Burglary of a dwelling or

 4                              structure causing structural

 5                              damage or $1,000 or more property

 6                              damage.

 7  812.014(2)(a)2.    1st      Property stolen; cargo valued at

 8                              $50,000 or more, grand theft in

 9                              1st degree.

10  812.13(2)(b)       1st      Robbery with a weapon.

11  812.135(2)(c)      1st      Home-invasion robbery, no

12                              firearm, deadly weapon, or other

13                              weapon.

14  817.568(6)         2nd      Fraudulent use of personal

15                              identification information of an

16                              individual under the age of 18.

17  825.102(2)         2nd      Aggravated abuse of an elderly

18                              person or disabled adult.

19  825.1025(2)        2nd      Lewd or lascivious battery upon

20                              an elderly person or disabled

21                              adult.

22  825.103(2)(a)      1st      Exploiting an elderly person or

23                              disabled adult and property is

24                              valued at $100,000 or more.

25  837.02(2)          2nd      Perjury in official proceedings

26                              relating to prosecution of a

27                              capital felony.

28  837.021(2)         2nd      Making contradictory statements

29                              in official proceedings relating

30                              to prosecution of a capital

31                              felony.

                                  52

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  860.121(2)(c)      1st      Shooting at or throwing any

 2                              object in path of railroad

 3                              vehicle resulting in great bodily

 4                              harm.

 5  860.16             1st      Aircraft piracy.

 6  893.13(1)(b)       1st      Sell or deliver in excess of 10

 7                              grams of any substance specified

 8                              in s. 893.03(1)(a) or (b).

 9  893.13(2)(b)       1st      Purchase in excess of 10 grams of

10                              any substance specified in s.

11                              893.03(1)(a) or (b).

12  893.13(6)(c)       1st      Possess in excess of 10 grams of

13                              any substance specified in s.

14                              893.03(1)(a) or (b).

15  893.135(1)(a)2.    1st      Trafficking in cannabis, more

16                              than 2,000 lbs., less than 10,000

17                              lbs.

18  893.135(1)(b)1.b.  1st      Trafficking in cocaine, more than

19                              200 grams, less than 400 grams.

20  893.135(1)(c)1.b.  1st      Trafficking in illegal drugs,

21                              more than 14 grams, less than 28

22                              grams.

23  893.135(1)(d)1.b.  1st      Trafficking in phencyclidine,

24                              more than 200 grams, less than

25                              400 grams.

26  893.135(1)(e)1.b.  1st      Trafficking in methaqualone, more

27                              than 5 kilograms, less than 25

28                              kilograms.

29  893.135(1)(f)1.b.  1st      Trafficking in amphetamine, more

30                              than 28 grams, less than 200

31                              grams.

                                  53

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  893.135(1)(g)1.b.  1st      Trafficking in flunitrazepam, 14

 2                              grams or more, less than 28

 3                              grams.

 4  893.135(1)(h)1.b.  1st      Trafficking in

 5                              gamma-hydroxybutyric acid (GHB),

 6                              5 kilograms or more, less than 10

 7                              kilograms.

 8  893.135(1)(j)1.b.  1st      Trafficking in 1,4-Butanediol, 5

 9                              kilograms or more, less than 10

10                              kilograms.

11  893.135(1)(k)2.b.  1st      Trafficking in Phenethylamines,

12                              200 grams or more, less than 400

13                              grams.

14  895.03(1)          1st      Use or invest proceeds derived

15                              from pattern of racketeering

16                              activity.

17  895.03(2)          1st      Acquire or maintain through

18                              racketeering activity any

19                              interest in or control of any

20                              enterprise or real property.

21  895.03(3)          1st      Conduct or participate in any

22                              enterprise through pattern of

23                              racketeering activity.

24  896.101(5)(b)      2nd      Money laundering, financial

25                              transactions totaling or

26                              exceeding $20,000, but less than

27                              $100,000.

28  

29  

30  

31  

                                  54

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  896.104(4)(a)2.    2nd      Structuring transactions to evade

 2                              reporting or registration

 3                              requirements, financial

 4                              transactions totaling or

 5                              exceeding $20,000 but less than

 6                              $100,000.

 7                              (i)  LEVEL 9

 8  316.193(3)(c)3.b.  1st      DUI manslaughter; failing to

 9                              render aid or give information.

10  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

11                              render aid or give information.

12  499.00535          1st      Sale or purchase of contraband

13                              legend drugs resulting in great

14                              bodily harm.

15  560.123(8)(b)3.    1st      Failure to report currency or

16                              payment instruments totaling or

17                              exceeding $100,000 by money

18                              transmitter.

19  560.125(5)(c)      1st      Money transmitter business by

20                              unauthorized person, currency, or

21                              payment instruments totaling or

22                              exceeding $100,000.

23  655.50(10)(b)3.    1st      Failure to report financial

24                              transactions totaling or

25                              exceeding $100,000 by financial

26                              institution.

27  775.0844           1st      Aggravated white collar crime.

28  782.04(1)          1st      Attempt, conspire, or solicit to

29                              commit premeditated murder.

30  

31  

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  782.04(3)          1st,PBL  Accomplice to murder in

 2                              connection with arson, sexual

 3                              battery, robbery, burglary, and

 4                              other specified felonies.

 5  782.051(1)         1st      Attempted felony murder while

 6                              perpetrating or attempting to

 7                              perpetrate a felony enumerated in

 8                              s. 782.04(3).

 9  782.07(2)          1st      Aggravated manslaughter of an

10                              elderly person or disabled adult.

11  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

12                              reward or as a shield or hostage.

13  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

14                              or facilitate commission of any

15                              felony.

16  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

17                              interfere with performance of any

18                              governmental or political

19                              function.

20  787.02(3)(a)       1st      False imprisonment; child under

21                              age 13; perpetrator also commits

22                              aggravated child abuse, sexual

23                              battery, or lewd or lascivious

24                              battery, molestation, conduct, or

25                              exhibition.

26  790.161            1st      Attempted capital destructive

27                              device offense.

28  790.166(2)         1st,PBL  Possessing, selling, using, or

29                              attempting to use a weapon of

30                              mass destruction.

31  

                                  56

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  794.011(2)         1st      Attempted sexual battery; victim

 2                              less than 12 years of age.

 3  794.011(2)         Life     Sexual battery; offender younger

 4                              than 18 years and commits sexual

 5                              battery on a person less than 12

 6                              years.

 7  794.011(4)         1st      Sexual battery; victim 12 years

 8                              or older, certain circumstances.

 9  794.011(8)(b)      1st      Sexual battery; engage in sexual

10                              conduct with minor 12 to 18 years

11                              by person in familial or

12                              custodial authority.

13  796.045(2)(b)      Life     Selling or buying of minors into

14                              sex trafficking or prostitution.

15  800.04(5)(b)       Life     Lewd or lascivious molestation;

16                              victim less than 12 years;

17                              offender 18 years or older.

18  812.13(2)(a)       1st,PBL  Robbery with firearm or other

19                              deadly weapon.

20  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

21                              deadly weapon.

22  812.135(2)(b)      1st      Home-invasion robbery with

23                              weapon.

24  817.568(7)         2nd,PBL  Fraudulent use of personal

25                              identification information of an

26                              individual under the age of 18 by

27                              his or her parent, legal

28                              guardian, or person exercising

29                              custodial authority.

30  827.03(2)          1st      Aggravated child abuse.

31  

                                  57

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  847.0145(1)        1st      Selling, or otherwise

 2                              transferring custody or control,

 3                              of a minor.

 4  847.0145(2)        1st      Purchasing, or otherwise

 5                              obtaining custody or control, of

 6                              a minor.

 7  859.01             1st      Poisoning or introducing

 8                              bacteria, radioactive materials,

 9                              viruses, or chemical compounds

10                              into food, drink, medicine, or

11                              water with intent to kill or

12                              injure another person.

13  893.135            1st      Attempted capital trafficking

14                              offense.

15  893.135(1)(a)3.    1st      Trafficking in cannabis, more

16                              than 10,000 lbs.

17  893.135(1)(b)1.c.  1st      Trafficking in cocaine, more than

18                              400 grams, less than 150

19                              kilograms.

20  893.135(1)(c)1.c.  1st      Trafficking in illegal drugs,

21                              more than 28 grams, less than 30

22                              kilograms.

23  893.135(1)(d)1.c.  1st      Trafficking in phencyclidine,

24                              more than 400 grams.

25  893.135(1)(e)1.c.  1st      Trafficking in methaqualone, more

26                              than 25 kilograms.

27  893.135(1)(f)1.c.  1st      Trafficking in amphetamine, more

28                              than 200 grams.

29  893.135(1)(h)1.c.  1st      Trafficking in

30                              gamma-hydroxybutyric acid (GHB),

31                              10 kilograms or more.

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    Florida Senate - 2007                                  SB 2712
    10-1717A-07                                             See HB




 1  893.135(1)(j)1.c.  1st      Trafficking in 1,4-Butanediol, 10

 2                              kilograms or more.

 3  893.135(1)(k)2.c.  1st      Trafficking in Phenethylamines,

 4                              400 grams or more.

 5  896.101(5)(c)      1st      Money laundering, financial

 6                              instruments totaling or exceeding

 7                              $100,000.

 8  896.104(4)(a)3.    1st      Structuring transactions to evade

 9                              reporting or registration

10                              requirements, financial

11                              transactions totaling or

12                              exceeding $100,000.

13         Section 22.  This act shall take effect July 1, 2007.

14  

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