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
1
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Florida Senate - 2007 SB 2712
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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
2
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Florida Senate - 2007 SB 2712
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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.
3
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Florida Senate - 2007 SB 2712
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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
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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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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
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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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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
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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
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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
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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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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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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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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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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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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.
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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.
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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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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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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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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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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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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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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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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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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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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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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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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.
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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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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.
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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.
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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
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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
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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
CODING: Words stricken are deletions; words underlined are additions.
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
CODING: Words stricken are deletions; words underlined are additions.
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
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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
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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
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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
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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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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.
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