Florida Senate - 2008 SB 1082
By Senator Ring
32-00565-08 20081082__
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A bill to be entitled
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An act relating to stalking; amending s. 784.048, F.S.;
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redefining the terms "harass," "credible threat," and
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"cyberstalk"; defining the terms "electronic
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communication," "electronic communication device," and
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"immediate family"; increasing criminal penalties;
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providing for reclassification of criminal penalties for
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certain offenses; providing for a civil cause of action
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and remedies; providing that the civil remedies are in
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addition to any other civil, administrative, or criminal
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remedies provided by law; amending s. 921.0022, F.S.,
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relating to the offense severity ranking chart; conforming
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provisions to changes made by the act; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 784.048, Florida Statutes, is amended to
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read:
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784.048 Stalking; definitions; penalties.--
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(1) As used in this section, the term:
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(a) "Harass" means to engage in a course of conduct, or to
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cause or encourage another to engage in a course of conduct,
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directed at a specific person which that causes substantial
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emotional distress in such person and serves no legitimate
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purpose.
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(b) "Course of conduct" means a pattern of conduct composed
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of a series of acts over a period of time, however short,
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evidencing a continuity of purpose. Constitutionally protected
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activity is not included within the meaning of "course of
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conduct." Such constitutionally protected activity includes
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picketing or other organized protests.
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(c) "Credible threat" means any a threat, including a
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threat delivered by means of an electronic communication device,
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made with the intent to cause the person who is the target of the
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threat to reasonably fear bodily injury or death to himself or
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herself or to a member of his or her immediate family for his or
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her safety. The threat must be against the life of, or a threat
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to cause bodily injury to, a person.
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(d) "Cyberstalk" means to engage in a course of conduct, or
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to cause or encourage another to engage in a course of conduct,
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to communicate, or to cause to be communicated, words, images, or
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language by or through the use of electronic mail or electronic
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communication, directed at a specific person, causing substantial
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emotional distress to that person and serving no legitimate
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purpose.
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(e) "Electronic communication" means any transfer of signs,
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signals, writings, images, sounds, data, or intelligence of any
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nature transmitted in whole or in part by a wire, radio,
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electromagnetic, photoelectronic, or photooptical system that
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affects interstate or foreign commerce.
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(f) "Electronic communication device" means any type of
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instrument, device, machine, equipment, or software that is
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capable of transmitting, acquiring, encrypting, transferring,
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decrypting, or receiving any signs, signals, writings, data,
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images, sounds, or intelligence of any nature by wire, radio,
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optical, or other electromagnetic system. The term includes, but
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is not limited to, telephones, cellular phones, computers, video
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recorders, fax machines, or pagers.
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(g) "Immediate family" means spouses, former spouses,
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persons related by blood or marriage, persons who are presently
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residing together as if a family or who have resided together in
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the past as if a family, and persons who are parents of a child
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in common regardless of whether they have been married. With the
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exception of persons who have a child in common, the immediate
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family members must be currently residing or have within the
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previous 6 months resided together in the same single dwelling
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unit.
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(2) Any person who willfully, maliciously, and repeatedly
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follows, harasses, or cyberstalks another person commits the
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offense of stalking, a felony misdemeanor of the third first
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s. 775.084.
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(3) Any person who willfully, maliciously, and repeatedly
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follows, harasses, or cyberstalks another person, and
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purposefully engages in a course of conduct involving makes a
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credible threat with the intent to place that person in
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reasonable fear of death or bodily injury of the person, or the
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person's immediate family child, sibling, spouse, parent, or
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dependent, commits the offense of aggravated stalking, a felony
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of the second third degree, punishable as provided in s. 775.082,
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(4) Any person who, after an injunction for protection
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against repeat violence, sexual violence, or dating violence
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pursuant to s. 784.046, or an injunction for protection against
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domestic violence pursuant to s. 741.30, or after any other
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court-imposed prohibition of conduct toward the subject person or
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that person's property, knowingly, willfully, maliciously, and
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repeatedly follows, harasses, or cyberstalks another person
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commits the offense of aggravated stalking, a felony of the
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second third degree, punishable as provided in s. 775.082, s.
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(5) Any person who willfully, maliciously, and repeatedly
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follows, harasses, or cyberstalks a minor under 16 years of age
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commits the offense of aggravated stalking, a felony of the
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second third degree, punishable as provided in s. 775.082, s.
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(6) Any law enforcement officer may arrest, without a
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warrant, any person he or she has probable cause to believe has
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violated the provisions of this section.
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(7) Any person who, after having been sentenced for a
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contacting the victim of the offense under s. 921.244, willfully,
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maliciously, and repeatedly follows, harasses, or cyberstalks the
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victim commits the offense of aggravated stalking, a felony of
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the second third degree, punishable as provided in s. 775.082, s.
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(8) If a person is charged with violating any provision of
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this section and conceals his or her identification from the
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person who is the victim of the violation, uses the electronic
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bandwidth of another person while violating this section, or
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destroys evidence of a person's violation of this section, the
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offense for which the person is charged shall be reclassified as
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follows:
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(a) In the case of aggravated stalking of a minor younger
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than 16 years of age, from a felony of the second degree to a
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felony of the first degree.
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(b) In the case of aggravated stalking, from a felony of
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the second degree to a felony of the first degree.
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(c) In the case of stalking, from a felony of the third
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degree to a felony of the second degree.
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(9)(8) The punishment imposed under this section shall run
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consecutive to any former sentence imposed for a conviction for
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(10)(a) Notwithstanding any other remedy or relief to which
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a person is entitled, a person suffering damage as a result of a
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violation of this section may bring an action to recover or
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obtain actual, punitive, and treble damages, equitable relief,
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reasonable attorney's fees, investigative costs, court costs,
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witness costs, deposition expenses, and any other relief a court
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considers proper.
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(b) The remedies of this subsection are in addition to any
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other civil, administrative, or criminal remedies provided by
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law.
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Section 2. Paragraphs (f) and (g) of subsection (3) of
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section 921.0022, Florida Statutes, are amended to read:
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921.0022 Criminal Punishment Code; offense severity ranking
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chart.--
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(3) OFFENSE SEVERITY RANKING CHART
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(f) LEVEL 6
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| FloridaStatute | FelonyDegree | Description |
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| 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
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| 499.0051(3) | 2nd | Forgery of pedigree papers. |
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| 499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
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| 499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
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| 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
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| 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
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| 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
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| 784.041 | 3rd | Felony battery; domestic battery by strangulation. |
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| 784.048(3) | 2nd 3rd | Aggravated stalking; credible threat. |
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| 784.048(5) | 2nd 3rd | Aggravated stalking of person under 16. |
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| 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
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| 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
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| 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
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| 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
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| 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
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| 784.083(2) | 2nd | Aggravated assault on code inspector. |
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| 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
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| 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
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| 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
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| 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
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| 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
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| 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
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| 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
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| 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
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| 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
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| 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
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| 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
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| 812.014(6) | 2nd | Theft; property stolen $3,000 or more; coordination of others. |
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| 812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
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| 812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
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| 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
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| 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
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| 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
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| 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
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| 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
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| 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
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| 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
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| 827.03(1) | 3rd | Abuse of a child. |
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| 827.03(3)(c) | 3rd | Neglect of a child. |
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| 827.071(2)&(3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
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| 836.05 | 2nd | Threats; extortion. |
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| 836.10 | 2nd | Written threats to kill or do bodily injury. |
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| 843.12 | 3rd | Aids or assists person to escape. |
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| 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
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| 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
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| 944.35(3)(a)2. | 3rd | Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. |
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| 944.40 | 2nd | Escapes. |
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| 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
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| 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
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| 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
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(g) LEVEL 7
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| FloridaStatute | FelonyDegree | Description |
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| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
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| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
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| 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
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| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
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| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
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| 409.920(2) | 3rd | Medicaid provider fraud. |
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| 456.065(2) | 3rd | Practicing a health care profession without a license. |
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| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
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| 458.327(1) | 3rd | Practicing medicine without a license. |
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| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
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| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
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| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
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| 462.17 | 3rd | Practicing naturopathy without a license. |
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| 463.015(1) | 3rd | Practicing optometry without a license. |
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| 464.016(1) | 3rd | Practicing nursing without a license. |
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| 465.015(2) | 3rd | Practicing pharmacy without a license. |
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| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
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| 467.201 | 3rd | Practicing midwifery without a license. |
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| 468.366 | 3rd | Delivering respiratory care services without a license. |
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| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
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| 483.901(9) | 3rd | Practicing medical physics without a license. |
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| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
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| 484.053 | 3rd | Dispensing hearing aids without a license. |
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| 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
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| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
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| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
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| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
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| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
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| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
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| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
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| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
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| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
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| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
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| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
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| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
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| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
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| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
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| 784.048(4) | 2nd 3rd | Aggravated stalking; violation of injunction or court order. |
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| 784.048(7) | 2nd 3rd | Aggravated stalking; violation of court order. |
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| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
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| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
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| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
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| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
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| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
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| 784.083(1) | 1st | Aggravated battery on code inspector. |
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| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
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| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
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| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
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| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
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| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
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| 794.08(4) | 3rd | Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. |
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| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
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| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
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| 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
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| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
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| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
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| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
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| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
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| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
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| 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. |
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| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
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| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
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| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
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| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
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| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
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| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
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| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
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| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
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| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
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| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
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| 817.2341(2)(b)&(3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
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| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
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| 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
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| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
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| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
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| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
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| 838.015 | 2nd | Bribery. |
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| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
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| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
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| 838.22 | 2nd | Bid tampering. |
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| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
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| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
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| 872.06 | 2nd | Abuse of a dead human body. |
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| 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
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| 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
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| 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
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| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
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| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
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| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
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| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
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| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
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| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
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| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
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| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
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| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
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| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
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| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
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| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
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| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
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| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
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| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
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| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
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| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
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| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
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| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
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| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
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| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
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| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
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Section 3. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.