HB 1151

1	A bill to be entitled
2	An act relating to sex trafficking; amending s. 772.102,
3	F.S.; expanding the definition of the term "criminal
4	activity" to include the offense of facilitating certain
5	offenses for purposes of seeking civil remedies for
6	criminal offenses; amending s. 775.21, F.S.; conforming
7	cross-references; creating s. 796.011, F.S.; providing
8	definitions; amending s. 796.03, F.S.; increasing
9	penalties for procuring a minor for prostitution; amending
10	s. 796.04, F.S.; providing enhanced penalties for forcing,
11	compelling, or coercing another to become a prostitute;
12	renumbering and amending s. 796.035, F.S., and amending s.
13	796.045, F.S.; increasing penalties for selling or buying
14	minors into sex trafficking or prostitution; revising
15	provisions relating to sex trafficking; increasing
16	penalties; amending s. 796.05, F.S.; revising provisions
17	prohibiting deriving support or maintenance from earnings
18	of prostitution; providing penalties; amending s. 796.06,
19	F.S.; revising provisions prohibiting rental of certain
20	facilities for prohibited activities; amending s. 796.07,
21	F.S.; revising provisions prohibiting prostitution,
22	lewdness, and assignation; providing penalties; amending
23	s. 796.09, F.S.; revising provisions providing a civil
24	action against persons who coerce or induce certain
25	activities; requiring the court to award prevailing
26	plaintiffs reasonable attorney's fees and costs; creating
27	s. 796.10, F.S.; defining the term "business entity";
28	providing that a business entity convicted of a violation
29	of chapter 796, F.S., may be subject to specified
30	sanctions and forfeiture of property; amending s. 823.05,
31	F.S.; providing that a place used for specified violations
32	relating to prostitution may be may be declared a public
33	nuisance and abated or enjoined; amending s. 893.138,
34	F.S.; providing additional prostitution offenses that may
35	subject a place to being declared a public nuisance by a
36	county or municipality and abated pursuant to specified
37	provisions; amending s. 895.02, F.S.; redefining the term
38	"racketeering activity" to revise the offenses included
39	for purposes of the Florida RICO Act; amending s.
40	921.0022, F.S.; conforming the offense severity ranking
41	chart of the Criminal Punishment Code; amending ss.
42	322.28, 943.0435, 944.606, and 944.607, F.S.; conforming
43	cross-references; providing an effective date.
44
45	Be It Enacted by the Legislature of the State of Florida:
46
47	Section 1.  Paragraph (a) of subsection (1) of section
48	772.102, Florida Statutes, is amended to read:
49	772.102  Definitions.--As used in this chapter, the term:
50	(1)  "Criminal activity" means to commit, to attempt to
51	commit, to conspire to commit, or to solicit, coerce, or
52	intimidate another person to commit:
53	(a)  Any crime that is chargeable by indictment or
54	information under the following provisions:
55	1.  Section 210.18, relating to evasion of payment of
56	cigarette taxes.
57	2.  Section 414.39, relating to public assistance fraud.
58	3.  Section 440.105 or s. 440.106, relating to workers'
59	compensation.
60	4.  Part IV of chapter 501, relating to telemarketing.
61	5.  Chapter 517, relating to securities transactions.
62	6.  Section 550.235, s. 550.3551, or s. 550.3605, relating
63	to dogracing and horseracing.
64	7.  Chapter 550, relating to jai alai frontons.
65	8.  Chapter 552, relating to the manufacture, distribution,
66	and use of explosives.
67	9.  Chapter 562, relating to beverage law enforcement.
68	10.  Section 624.401, relating to transacting insurance
69	without a certificate of authority, s. 624.437(4)(c)1., relating
70	to operating an unauthorized multiple-employer welfare
71	arrangement, or s. 626.902(1)(b), relating to representing or
72	aiding an unauthorized insurer.
73	11.  Chapter 687, relating to interest and usurious
74	practices.
75	12.  Section 721.08, s. 721.09, or s. 721.13, relating to
76	real estate timeshare plans.
77	13.  Chapter 782, relating to homicide.
78	14.  Chapter 784, relating to assault and battery.
79	15.  Chapter 787, relating to kidnapping or human
80	trafficking.
81	16.  Chapter 790, relating to weapons and firearms.
82	17.  Section 796.03, s. 796.04, s. 796.045, s. 796.05, s.
83	796.06, or s. 796.07, relating to prostitution.
84	18.  Chapter 806, relating to arson.
85	19.  Section 810.02(2)(c), relating to specified burglary
86	of a dwelling or structure.
87	20.  Chapter 812, relating to theft, robbery, and related
88	crimes.
89	21.  Chapter 815, relating to computer-related crimes.
90	22.  Chapter 817, relating to fraudulent practices, false
91	pretenses, fraud generally, and credit card crimes.
92	23.  Section 827.071, relating to commercial sexual
93	exploitation of children.
94	24.  Chapter 831, relating to forgery and counterfeiting.
95	25.  Chapter 832, relating to issuance of worthless checks
96	and drafts.
97	26.  Section 836.05, relating to extortion.
98	27.  Chapter 837, relating to perjury.
99	28.  Chapter 838, relating to bribery and misuse of public
100	office.
101	29.  Chapter 843, relating to obstruction of justice.
102	30.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
103	s. 847.07, relating to obscene literature and profanity.
104	31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
105	849.25, relating to gambling.
106	32.  Chapter 893, relating to drug abuse prevention and
107	control.
108	33.  Section 914.22 or s. 914.23, relating to witnesses,
109	victims, or informants.
110	34.  Section 918.12 or s. 918.13, relating to tampering
111	with jurors and evidence.
112	Section 2.  Paragraph (a) of subsection (4) and paragraph
113	(b) of subsection (10) of section 775.21, Florida Statutes, are
114	amended to read:
115	775.21  The Florida Sexual Predators Act.--
116	(4)  SEXUAL PREDATOR CRITERIA.--
117	(a)  For a current offense committed on or after October 1,
118	1993, upon conviction, an offender shall be designated as a
119	"sexual predator" under subsection (5), and subject to
120	registration under subsection (6) and community and public
121	notification under subsection (7) if:
122	1.  The felony is:
123	a.  A capital, life, or first-degree felony violation, or
124	any attempt thereof, of s. 787.01 or s. 787.02, where the victim
125	is a minor and the defendant is not the victim's parent or
126	guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
127	violation of a similar law of another jurisdiction; or
128	b.  Any felony violation, or any attempt thereof, of s.
129	787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
130	minor and the defendant is not the victim's parent or guardian;
131	s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03;
132	former s. 796.035; s. 796.045(2); s. 800.04; s. 825.1025(2)(b);
133	s. 827.071; s. 847.0145; or s. 985.701(1); or a violation of a
134	similar law of another jurisdiction, and the offender has
135	previously been convicted of or found to have committed, or has
136	pled nolo contendere or guilty to, regardless of adjudication,
137	any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c),
138	where the victim is a minor and the defendant is not the
139	victim's parent or guardian; s. 794.011, excluding s.
140	794.011(10); s. 794.05; s. 796.03; former s. 796.035; s.
141	796.045(2); s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
142	847.0135, excluding s. 847.0135(4); s. 847.0145; or s.
143	985.701(1); or a violation of a similar law of another
144	jurisdiction;
145	2.  The offender has not received a pardon for any felony
146	or similar law of another jurisdiction that is necessary for the
147	operation of this paragraph; and
148	3.  A conviction of a felony or similar law of another
149	jurisdiction necessary to the operation of this paragraph has
150	not been set aside in any postconviction proceeding.
151	(10)  PENALTIES.--
152	(b)  A sexual predator who has been convicted of or found
153	to have committed, or has pled nolo contendere or guilty to,
154	regardless of adjudication, any violation, or attempted
155	violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
156	the victim is a minor and the defendant is not the victim's
157	parent or guardian; s. 794.011, excluding s. 794.011(10); s.
158	794.05; s. 796.03; former s. 796.035; s. 796.045(2); s. 800.04;
159	s. 827.071; s. 847.0133; s. 847.0145; or s. 985.701(1); or a
160	violation of a similar law of another jurisdiction when the
161	victim of the offense was a minor, and who works, whether for
162	compensation or as a volunteer, at any business, school, day
163	care center, park, playground, or other place where children
164	regularly congregate, commits a felony of the third degree,
165	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
166	Section 3.  Section 796.011, Florida Statutes, is created
167	to read:
168	796.011  Definitions.--As used in this chapter, the term:
169	(1)  "Assignation" means the making of any appointment or
170	engagement for prostitution or lewdness or any act in
171	furtherance of such appointment or engagement.
172	(2)  "Coerces" means uses force or intimidation, or any
173	practice of domination or restraint, in order to bring about or
174	cause a person to take certain action. The term includes, but is
175	not limited to, the use of:
176	(a)  Physical force or threat of physical force.
177	(b)  Physical or mental torture.
178	(c)  Kidnapping.
179	(d)  Blackmail.
180	(e)  Extortion or claims of indebtedness.
181	(f)  Threat of legal complaint or report of delinquency.
182	(g)  Threat to interfere with parental rights or
183	responsibilities, whether by judicial or administrative action
184	or otherwise.
185	(h)  Restraint of speech or communication with others.
186	(i)  Exploitation of a condition of developmental
187	disability, cognitive limitation, affective disorder, or
188	substance dependency.
189	(j)  Exploitation of victimization by sexual abuse.
190	(k)  Exploitation of pornographic performance.
191	(l)  Exploitation of human needs for food, shelter, safety,
192	or affection.
193	(3)  "Induces" means offers, promises, or withholds or
194	threatens to withhold, a benefit or advantage, whether legal,
195	financial, or otherwise, such as a promise of marriage,
196	employment, or material support or advantage, in order to bring
197	about or cause a person to take certain action.
198	(4)  "Lewdness" means any indecent or obscene act.
199	(5)  "Prostitution" means the giving or receiving of the
200	body for sexual activity for hire; however, the term does not
201	include sexual activity between spouses.
202	(6)  "Sexual activity" means oral, anal, or vaginal
203	penetration by, or union with, the sexual organ of another; anal
204	or vaginal penetration of another by any other object; or the
205	handling or fondling of the sexual organ of another for the
206	purpose of masturbation; however, the term does not include acts
207	done for bona fide medical purposes.
208	Section 4.  Section 796.03, Florida Statutes, is amended to
209	read:
210	796.03  Procuring minor person under age of 18 for
211	prostitution.--A person who procures for prostitution, or causes
212	to be prostituted, any minor person who is under the age of 18
213	years commits a felony of the first second degree, punishable as
214	provided in s. 775.082, s. 775.083, or s. 775.084.
215	Section 5.  Section 796.04, Florida Statutes, is amended to
216	read:
217	796.04  Forcing, compelling, or coercing another to become
218	a prostitute.--
219	(1)  After May 1, 1943, It is shall be unlawful for anyone
220	to force, compel, or coerce another to become a prostitute.
221	(2)  A person anyone violating this section commits shall
222	be guilty of a felony of the first third degree, punishable as
223	provided in s. 775.082, s. 775.083, or s. 775.084.
224	Section 6.  Section 796.035, Florida Statutes, is
225	renumbered as subsection (2) of section 796.045, Florida
226	Statutes, and amended, and section 796.045, Florida Statutes, is
227	amended, to read:
228	796.045  Sex trafficking; penalties.--
229	(1)(a)  Any person who knowingly recruits, entices,
230	harbors, transports, provides, or obtains by any means a person,
231	knowing that force, fraud, or coercion will be used to cause
232	that person to engage in prostitution, commits the offense of
233	sex trafficking, a felony of the first second degree, punishable
234	as provided in s. 775.082, s. 775.083, or s. 775.084.
235	(b)  A person commits a life felony of the first degree,
236	punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
237	if the offense of sex trafficking is committed against a minor
238	person who is under the age of 14 or the if such offense results
239	in death.
240	(2)  796.035  Selling or buying of minors into sex
241	trafficking or prostitution; penalties.--Any parent, legal
242	guardian, or other person having custody or control of a minor
243	who sells or otherwise transfers custody or control of such
244	minor, or offers to sell or otherwise transfer custody of such
245	minor, with knowledge that, as a consequence of the sale or
246	transfer, force, fraud, or coercion will be used to cause the
247	minor to engage in prostitution or otherwise participate in the
248	trade of sex trafficking, commits a life felony of the first
249	degree, punishable as provided in s. 775.082, s. 775.083, or s.
250	775.084.
251	Section 7.  Section 796.05, Florida Statutes, is amended to
252	read:
253	796.05  Deriving support from the proceeds of
254	prostitution.--
255	(1)  It shall be unlawful for any person with reasonable
256	belief or knowing another person is engaged in prostitution to
257	live or derive support or maintenance in whole or in part,
258	directly or indirectly, from what is believed to be the earnings
259	or proceeds of such person's prostitution.
260	(2)  Anyone violating this section commits a felony of the
261	third degree, punishable as provided in s. 775.082, s. 775.083,
262	or s. 775.084.
263	Section 8.  Section 796.06, Florida Statutes, is amended to
264	read:
265	796.06  Use of space for prohibited activities; sanctions
266	Renting space to be used for lewdness, assignation, or
267	prostitution.--
268	(1)  Any person who owns, lets, rents, maintains, controls,
269	or operates It is unlawful to let, or rent any place, structure,
270	building, or part thereof, or trailer or other conveyance, with
271	the knowledge or reasonable cause to believe that it is being
272	used, or will be used, in whole or in part, for the purpose of
273	any activity prohibited under this chapter commits a felony of
274	the third degree, punishable as provided in s. 775.082, s.
275	775.083, or s. 775.084. lewdness, assignation, or prostitution.
276	(2)  A person who violates this section commits:
277	(a)  A misdemeanor of the second degree for a first
278	violation, punishable as provided in s. 775.082 or s. 775.083.
279	(b)  A misdemeanor of the first degree for a second or
280	subsequent violation, punishable as provided in s. 775.082 or s.
281	775.083.
282	Section 9.  Section 796.07, Florida Statutes, is amended to
283	read:
284	796.07  Prohibiting prostitution, lewdness, and assignation
285	etc.; evidence; penalties; definitions.--
286	(1)  As used in this section:
287	(a)  "Prostitution" means the giving or receiving of the
288	body for sexual activity for hire but excludes sexual activity
289	between spouses.
290	(b)  "Lewdness" means any indecent or obscene act.
291	(c)  "Assignation" means the making of any appointment or
292	engagement for prostitution or lewdness, or any act in
293	furtherance of such appointment or engagement.
294	(d)  "Sexual activity" means oral, anal, or vaginal
295	penetration by, or union with, the sexual organ of another; anal
296	or vaginal penetration of another by any other object; or the
297	handling or fondling of the sexual organ of another for the
298	purpose of masturbation; however, the term does not include acts
299	done for bona fide medical purposes.
300	(1)(2)  It is unlawful for a person:
301	(a)  To own, establish, maintain, or operate any place,
302	structure, building, or conveyance for the purpose of lewdness,
303	assignation, or prostitution.
304	(a)(b)  To offer, or to offer or agree to secure, any
305	person another for the purpose of prostitution, lewdness, or
306	assignation or for any other lewd or indecent act.
307	(b)(c)  To receive, or to offer or agree to receive, any
308	person into any place, structure, building, or trailer or other
309	conveyance for the purpose of prostitution, lewdness, or
310	assignation, or to permit any person to remain there for such
311	purpose.
312	(c)(d)  To direct, take, or transport, or to offer or agree
313	to direct, take, or transport, any person to any place,
314	structure, or building, or trailer or other conveyance or to any
315	other person, with knowledge or reasonable cause to believe that
316	the purpose of such directing, taking, or transporting is
317	prostitution, lewdness, or assignation.
318	(d)(e)  To offer to commit, or to commit, or to engage in,
319	prostitution, lewdness, or assignation.
320	(e)(f)  To solicit, induce, entice, or procure any person
321	another to commit prostitution, lewdness, or assignation.
322	(f)(g)  To reside in, enter, or remain in, any place,
323	structure, or building, or to enter or remain in any trailer or
324	other conveyance, for the purpose of prostitution, lewdness, or
325	assignation.
326	(g)(h)  To aid, abet, or participate in prostitution,
327	lewdness, or assignation any of the acts or things enumerated in
328	this subsection.
329	(h)(i)  To purchase the services of any person engaged in
330	prostitution.
331	(2)(3)(a)  In the trial of a person charged with a
332	violation of this section, testimony concerning the reputation
333	of any place, structure, building, or trailer or other
334	conveyance involved in the charge;, testimony concerning the
335	reputation of any person residing in, operating, or frequenting
336	such place, structure, building, or trailer or other
337	conveyance;, and testimony concerning the reputation of the
338	defendant is admissible in evidence in support of the charge.
339	(b)  Notwithstanding any other provision of law, a police
340	officer may testify as an offended party in an action regarding
341	charges filed pursuant to this section.
342	(3)(4)  Except as otherwise provided in this chapter, a
343	person who violates any provision of this section commits:
344	(a)  A misdemeanor of the second degree for a first
345	violation, punishable as provided in s. 775.082 or s. 775.083.
346	(b)  A misdemeanor of the first degree for a second
347	violation, punishable as provided in s. 775.082 or s. 775.083.
348	(c)  A felony of the third degree for a third or subsequent
349	violation, punishable as provided in s. 775.082, s. 775.083, or
350	s. 775.084.
351	(4)(5)  A person who is charged with a third or subsequent
352	violation of this section shall be offered admission to a
353	pretrial intervention program or a substance-abuse treatment
354	program as provided in s. 948.08.
355	(5)(6)  In addition to the punishment provided in
356	subsection (3), a person who violates paragraph (1)(e) (2)(f)
357	shall be assessed a civil penalty of $500 if the violation
358	results in any judicial disposition other than acquittal or
359	dismissal. The proceeds from penalties assessed under this
360	subsection shall be paid to the circuit court administrator for
361	the sole purpose of paying the administrative costs of
362	treatment-based drug court programs provided under s. 397.334.
363	Section 10.  Section 796.09, Florida Statutes, is amended
364	to read:
365	796.09  Coercion or inducement; civil cause of action;
366	evidence; defenses; attorney's fees.--
367	(1)  A person has a cause of action for compensatory and
368	punitive damages against:
369	(a)  A person who coerces or induces coerced that person
370	into prostitution.;
371	(b)  A person who coerces or induces that person to remain
372	in prostitution.; or
373	(c)  A person who collects or receives uses coercion to
374	collect or receive any part of another that person's earnings
375	derived from prostitution.
376	(2)  As used in this section, the term "prostitution" has
377	the same meaning as in s. 796.07.
378	(3)  As used in this section, the term "coercion" means any
379	practice of domination, restraint, or inducement for the purpose
380	of or with the reasonably foreseeable effect of causing another
381	person to engage in or remain in prostitution or to relinquish
382	earnings derived from prostitution, and includes, but is not
383	limited to:
384	(a)  Physical force or threats of physical force.
385	(b)  Physical or mental torture.
386	(c)  Kidnapping.
387	(d)  Blackmail.
388	(e)  Extortion or claims of indebtedness.
389	(f)  Threat of legal complaint or report of delinquency.
390	(g)  Threat to interfere with parental rights or
391	responsibilities, whether by judicial or administrative action
392	or otherwise.
393	(h)  Promise of legal benefit.
394	(i)  Promise of greater financial rewards.
395	(j)  Promise of marriage.
396	(k)  Restraint of speech or communication with others.
397	(l)  Exploitation of a condition of developmental
398	disability, cognitive limitation, affective disorder, or
399	substance dependency.
400	(m)  Exploitation of victimization by sexual abuse.
401	(n)  Exploitation of pornographic performance.
402	(o)  Exploitation of human needs for food, shelter, safety,
403	or affection.
404	(2)(4)  In the course of litigation under this section, any
405	transaction about which a plaintiff testifies or produces
406	evidence does not subject such plaintiff to criminal prosecution
407	or any penalty or forfeiture. Further, any testimony or
408	evidence, documentary or otherwise, or information directly or
409	indirectly derived from such testimony or evidence which is
410	given or produced by a plaintiff or a witness for a plaintiff
411	shall not be used against these persons in any other
412	investigation or proceeding. Such testimony or evidence,
413	however, may be used against a plaintiff or a witness for a
414	plaintiff upon any criminal investigation or proceeding for
415	perjury committed while giving such testimony or producing such
416	evidence.
417	(3)(5)  It does not constitute a defense to a complaint
418	under this section that:
419	(a)  The plaintiff was paid or otherwise compensated for
420	acts of prostitution or other acts prohibited under this
421	chapter;
422	(b)  The plaintiff engaged in acts of prostitution or other
423	acts prohibited under this chapter prior to any involvement with
424	the defendant; or
425	(c)  The plaintiff made no attempt to escape, flee, or
426	otherwise terminate contact with the defendant;.
427	(d)  In the case of a cause of action based on inducement,
428	the victim consented; or
429	(e)  The plaintiff stipulated or otherwise agreed that the
430	prohibited acts did not occur as a result of coercion.
431	(4)(6)  Evidence of convictions for prostitution or other
432	acts prohibited under this chapter or prostitution-related
433	offenses are inadmissible in a proceeding brought under this
434	section for purposes of attacking the plaintiff's credibility.
435	(5)(7)  In any action brought under this section, the court
436	shall, in its discretion, may award prevailing plaintiffs
437	reasonable attorney's fees and costs.
438	Section 11.  Section 796.10, Florida Statutes, is created
439	to read:
440	796.10  Violations by a business entity; sanctions.--
441	(1)  For purposes of this section, the term "business
442	entity" includes, but is not limited to, any corporation,
443	syndicate, association, firm, joint venture, partnership,
444	limited liability company, or business trust.
445	(2)  If a business entity is convicted of a violation of
446	this chapter, the court may, when appropriate, order:
447	(a)  Its dissolution or reorganization;
448	(b)  The suspension or revocation of any license,
449	including, but not limited to, any occupational license, license
450	under chapter 561, permit, or prior approval granted to the
451	business entity by a state agency; or
452	(c)  The surrender of its charter, if organized under the
453	laws of this state, or any certificate to conduct business in
454	this state, if it is not organized by the laws of this state.
455	(3)  All property, real or personal, including money, used
456	in the course of, intended for use in the course of, derived
457	from, or realized through conduct in violation of a provision of
458	this chapter is subject to civil forfeiture to the state under
459	ss. 932.701-932.706.
460	Section 12.  Section 823.05, Florida Statutes, is amended
461	to read:
462	823.05  Places declared a nuisance; abatement may be abated
463	and injunction enjoined.--
464	(1)  Whoever shall erect, establish, continue, or maintain,
465	own or lease any building, booth, tent or place which tends to
466	annoy the community or injure the health of the community, or
467	become manifestly injurious to the morals or manners of the
468	people as described in s. 823.01, or shall be frequented by the
469	class of persons mentioned in s. 856.02, or any house or place
470	of prostitution, assignation, lewdness or place or building
471	where games of chance are engaged in violation of law or any
472	place where any law of the state is violated, shall be deemed
473	guilty of maintaining a nuisance, and the building, erection,
474	place, tent or booth and the furniture, fixtures and contents
475	are declared a nuisance. All such places or persons shall be
476	abated or enjoined as provided in ss. 60.05 and 60.06.
477	(2)  Any place, structure, building, or part thereof, or
478	trailer or other conveyance that has been used as provided in s.
479	893.138(2), may be declared a public nuisance and abated or
480	enjoined as provided in ss. 60.05 and 60.06.
481	Section 13.  Paragraph (a) of subsection (2) of section
482	893.138, Florida Statutes, is amended to read:
483	893.138  Local administrative action to abate drug-related,
484	prostitution-related, or stolen-property-related public
485	nuisances and criminal street gang activity.--
486	(2)  Any place or premises that has been used:
487	(a)  On more than two occasions within a 6-month period, as
488	the site of a violation of chapter 796 s. 796.07;
489
490	may be declared to be a public nuisance, and such nuisance may
491	be abated pursuant to the procedures provided in this section.
492	Section 14.  Paragraph (a) of subsection (1) of section
493	895.02, Florida Statutes, is amended to read:
494	895.02  Definitions.--As used in ss. 895.01-895.08, the
495	term:
496	(1)  "Racketeering activity" means to commit, to attempt to
497	commit, to conspire to commit, or to solicit, coerce, or
498	intimidate another person to commit:
499	(a)  Any crime that is chargeable by indictment or
500	information under the following provisions of the Florida
501	Statutes:
502	1.  Section 210.18, relating to evasion of payment of
503	cigarette taxes.
504	2.  Section 403.727(3)(b), relating to environmental
505	control.
506	3.  Section 409.920 or s. 409.9201, relating to Medicaid
507	fraud.
508	4.  Section 414.39, relating to public assistance fraud.
509	5.  Section 440.105 or s. 440.106, relating to workers'
510	compensation.
511	6.  Section 443.071(4), relating to creation of a
512	fictitious employer scheme to commit unemployment compensation
513	fraud.
514	7.  Section 465.0161, relating to distribution of medicinal
515	drugs without a permit as an Internet pharmacy.
516	8.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and
517	499.0691, relating to crimes involving contraband and
518	adulterated drugs.
519	9.  Part IV of chapter 501, relating to telemarketing.
520	10.  Chapter 517, relating to sale of securities and
521	investor protection.
522	11.  Section 550.235, s. 550.3551, or s. 550.3605, relating
523	to dogracing and horseracing.
524	12.  Chapter 550, relating to jai alai frontons.
525	13.  Section 551.109, relating to slot machine gaming.
526	14.  Chapter 552, relating to the manufacture,
527	distribution, and use of explosives.
528	15.  Chapter 560, relating to money transmitters, if the
529	violation is punishable as a felony.
530	16.  Chapter 562, relating to beverage law enforcement.
531	17.  Section 624.401, relating to transacting insurance
532	without a certificate of authority, s. 624.437(4)(c)1., relating
533	to operating an unauthorized multiple-employer welfare
534	arrangement, or s. 626.902(1)(b), relating to representing or
535	aiding an unauthorized insurer.
536	18.  Section 655.50, relating to reports of currency
537	transactions, when such violation is punishable as a felony.
538	19.  Chapter 687, relating to interest and usurious
539	practices.
540	20.  Section 721.08, s. 721.09, or s. 721.13, relating to
541	real estate timeshare plans.
542	21.  Chapter 782, relating to homicide.
543	22.  Chapter 784, relating to assault and battery.
544	23.  Chapter 787, relating to kidnapping or human
545	trafficking.
546	24.  Chapter 790, relating to weapons and firearms.
547	25.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
548	796.05, s. 796.06, or s. 796.07, relating to prostitution and
549	sex trafficking.
550	26.  Chapter 806, relating to arson.
551	27.  Section 810.02(2)(c), relating to specified burglary
552	of a dwelling or structure.
553	28.  Chapter 812, relating to theft, robbery, and related
554	crimes.
555	29.  Chapter 815, relating to computer-related crimes.
556	30.  Chapter 817, relating to fraudulent practices, false
557	pretenses, fraud generally, and credit card crimes.
558	31.  Chapter 825, relating to abuse, neglect, or
559	exploitation of an elderly person or disabled adult.
560	32.  Section 827.071, relating to commercial sexual
561	exploitation of children.
562	33.  Chapter 831, relating to forgery and counterfeiting.
563	34.  Chapter 832, relating to issuance of worthless checks
564	and drafts.
565	35.  Section 836.05, relating to extortion.
566	36.  Chapter 837, relating to perjury.
567	37.  Chapter 838, relating to bribery and misuse of public
568	office.
569	38.  Chapter 843, relating to obstruction of justice.
570	39.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
571	s. 847.07, relating to obscene literature and profanity.
572	40.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
573	849.25, relating to gambling.
574	41.  Chapter 874, relating to criminal street gangs.
575	42.  Chapter 893, relating to drug abuse prevention and
576	control.
577	43.  Chapter 896, relating to offenses related to financial
578	transactions.
579	44.  Sections 914.22 and 914.23, relating to tampering with
580	a witness, victim, or informant, and retaliation against a
581	witness, victim, or informant.
582	45.  Sections 918.12 and 918.13, relating to tampering with
583	jurors and evidence.
584	Section 15.  Paragraphs (a), (b), (d), (g), (h), and (i) of
585	subsection (3) of section 921.0022, Florida Statutes, are
586	amended to read:
587	921.0022  Criminal Punishment Code; offense severity
588	ranking chart.--
589	(3)  OFFENSE SEVERITY RANKING CHART
590	(a)  LEVEL 1
591
	FloridaStatute FelonyDegree Description
592
	24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
593
	212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
594
	212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
595
	316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
596
	319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
597
	319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
598
	320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
599
	322.212(1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification.
600
	322.212(4) 3rd Supply or aid in supplying unauthorized driver's license or identification card.
601
	322.212(5)(a) 3rd False application for driver's license or identification card.
602
	414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200.
603
	414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
604
	443.071(1) 3rd False statement or representation to obtain or increase unemployment compensation benefits.
605
	509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
606
	517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
607
	562.27(1) 3rd Possess still or still apparatus.
608
	713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
609
	796.07(3)(c) 3rd Prostitution, 3rd or subsequent violation.
610
	812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
611
	812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
612
	815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
613
	817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
614
	817.569(2) 3rd Use of public record or public records information to facilitate commission of a felony.
615
	826.01 3rd Bigamy.
616
	828.122(3) 3rd Fighting or baiting animals.
617
	831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
618
	831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
619
	832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
620
	832.05(2)(b)&(4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
621
	838.15(2) 3rd Commercial bribe receiving.
622
	838.16 3rd Commercial bribery.
623
	843.18 3rd Fleeing by boat to elude a law enforcement officer.
624
	847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
625
	849.01 3rd Keeping gambling house.
626
	849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
627
	849.23 3rd Gambling-related machines; "common offender" as to property rights.
628
	849.25(2) 3rd Engaging in bookmaking.
629
	860.08 3rd Interfere with a railroad signal.
630
	860.13(1)(a) 3rd Operate aircraft while under the influence.
631
	893.13(2)(a)2. 3rd Purchase of cannabis.
632
	893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
633
	934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
634
635	(b)  LEVEL 2
636
	FloridaStatute FelonyDegree Description
637
	370.12(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
638
	370.12(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
639
	403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
640
	517.07 3rd Registration of securities and furnishing of prospectus required.
641
	590.28(1) 3rd Willful, malicious, or intentional burning.
642
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
643
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
644
	796.06 3rd Use of space for activity prohibited in chapter 796.
645
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
646
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
647
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
648
	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
649
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
650
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
651
	817.234(1)(a)2. 3rd False statement in support of insurance claim.
652
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
653
	817.52(3) 3rd Failure to redeliver hired vehicle.
654
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
655
	817.60(5) 3rd Dealing in credit cards of another.
656
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
657
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
658
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
659
	831.01 3rd Forgery.
660
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
661
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
662
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
663
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
664
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
665
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
666
	843.08 3rd Falsely impersonating an officer.
667
	893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
668
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
669
670	(d)  LEVEL 4
671
	FloridaStatute FelonyDegree Description
672
	316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
673
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
674
	499.0051(2) 3rd Failure to authenticate pedigree papers.
675
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
676
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
677
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
678
	784.075 3rd Battery on detention or commitment facility staff.
679
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
680
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
681
	784.081(3) 3rd Battery on specified official or employee.
682
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
683
	784.083(3) 3rd Battery on code inspector.
684
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
685
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
686
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
687
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
688
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
689
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
690
	790.115(2)(c) 3rd Possessing firearm on school property.
691
	796.05 3rd Deriving support from prostitution proceeds.
692
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
693
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
694
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
695
	810.06 3rd Burglary; possession of tools.
696
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
697
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
698
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
699
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
700
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
701
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
702
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
703
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
704
	837.02(1) 3rd Perjury in official proceedings.
705
	837.021(1) 3rd Make contradictory statements in official proceedings.
706
	838.022 3rd Official misconduct.
707
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
708
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
709
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
710
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
711
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
712
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
713
	893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
714
	914.14(2) 3rd Witnesses accepting bribes.
715
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
716
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
717
	918.12 3rd Tampering with jurors.
718
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
719
720	(g)  LEVEL 7
721
	FloridaStatute FelonyDegree Description
722
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
723
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
724
	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.
725
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
726
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
727
	409.920(2) 3rd Medicaid provider fraud.
728
	456.065(2) 3rd Practicing a health care profession without a license.
729
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
730
	458.327(1) 3rd Practicing medicine without a license.
731
	459.013(1) 3rd Practicing osteopathic medicine without a license.
732
	460.411(1) 3rd Practicing chiropractic medicine without a license.
733
	461.012(1) 3rd Practicing podiatric medicine without a license.
734
	462.17 3rd Practicing naturopathy without a license.
735
	463.015(1) 3rd Practicing optometry without a license.
736
	464.016(1) 3rd Practicing nursing without a license.
737
	465.015(2) 3rd Practicing pharmacy without a license.
738
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
739
	467.201 3rd Practicing midwifery without a license.
740
	468.366 3rd Delivering respiratory care services without a license.
741
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
742
	483.901(9) 3rd Practicing medical physics without a license.
743
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
744
	484.053 3rd Dispensing hearing aids without a license.
745
	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.
746
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
747
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
748
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
749
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
750
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
751
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
752
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
753
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
754
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
755
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
756
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
757
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
758
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
759
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
760
	784.048(7) 3rd Aggravated stalking; violation of court order.
761
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
762
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
763
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
764
	784.081(1) 1st Aggravated battery on specified official or employee.
765
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
766
	784.083(1) 1st Aggravated battery on code inspector.
767
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
768
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
769
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
770
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
771
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
772
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
773
	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.
774
	796.03 1st 2nd Procuring any minor person under 16 years for prostitution.
775
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
776
	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.
777
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
778
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
779
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
780
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
781
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
782
	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.
783
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
784
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
785
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
786
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
787
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
788
	812.131(2)(a) 2nd Robbery by sudden snatching.
789
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
790
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
791
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
792
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
793
	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.
794
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
795
	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.
796
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
797
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
798
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
799
	838.015 2nd Bribery.
800
	838.016 2nd Unlawful compensation or reward for official behavior.
801
	838.021(3)(a) 2nd Unlawful harm to a public servant.
802
	838.22 2nd Bid tampering.
803
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
804
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
805
	872.06 2nd Abuse of a dead human body.
806
	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.
807
	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.
808
	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).
809
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
810
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
811
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
812
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
813
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
814
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
815
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
816
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
817
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
818
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
819
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
820
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
821
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
822
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
823
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
824
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
825
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
826
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
827
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
828
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
829
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
830
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
831
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
832
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
833
834	(h)  LEVEL 8
835
	FloridaStatute FelonyDegree Description
836
	316.193(3)(c)3.a. 2nd DUI manslaughter.
837
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
838
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
839
	499.0051(7) 1st Forgery of prescription or legend drug labels.
840
	499.0052 1st Trafficking in contraband legend drugs.
841
	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
842
	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
843
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
844
	777.03(2)(a) 1st Accessory after the fact, capital felony.
845
	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
846
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
847
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
848
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
849
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
850
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
851
	794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
852
	796.045(1)(a) 1st Sex trafficking.
853
	800.04(4) 2nd Lewd or lascivious battery.
854
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
855
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
856
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
857
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
858
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
859
	812.13(2)(b) 1st Robbery with a weapon.
860
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
861
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
862
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
863
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
864
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
865
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
866
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
867
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
868
	860.16 1st Aircraft piracy.
869
	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
870
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
871
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
872
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
873
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
874
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
875
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
876
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
877
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
878
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
879
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
880
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
881
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
882
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
883
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
884
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
885
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
886
	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
887
888	(i)  LEVEL 9
889
	FloridaStatute FelonyDegree Description
890
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
891
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
892
	499.00535 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
893
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
894
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
895
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
896
	775.0844 1st Aggravated white collar crime.
897
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
898
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
899
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
900
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
901
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
902
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
903
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
904
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
905
	790.161 1st Attempted capital destructive device offense.
906
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
907
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
908
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
909
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
910
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
911
	794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
912
	796.045(1)(b) Life Sex trafficking involving a minor or resulting in death.
913
	796.045(2) Life Selling or buying of minors into sex trafficking or prostitution.
914
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
915
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
916
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
917
	812.135(2)(b) 1st Home-invasion robbery with weapon.
918
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
919
	827.03(2) 1st Aggravated child abuse.
920
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
921
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
922
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
923
	893.135 1st Attempted capital trafficking offense.
924
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
925
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
926
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
927
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
928
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
929
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
930
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
931
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
932
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
933
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
934
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
935
936	Section 16.  Subsection (7) of section 322.28, Florida
937	Statutes, is amended to read:
938	322.28  Period of suspension or revocation.--
939	(7)  Following a second or subsequent violation of s.
940	796.07(1)(e)(2)(f) which involves a motor vehicle and which
941	results in any judicial disposition other than acquittal or
942	dismissal, in addition to any other sentence imposed, the court
943	shall revoke the person's driver's license or driving privilege,
944	effective upon the date of the disposition, for a period of not
945	less than 1 year. A person sentenced under this subsection may
946	request a hearing under s. 322.271.
947	Section 17.  Paragraph (a) of subsection (1) of section
948	943.0435, Florida Statutes, is amended to read:
949	943.0435  Sexual offenders required to register with the
950	department; penalty.--
951	(1)  As used in this section, the term:
952	(a)1.  "Sexual offender" means a person who meets the
953	criteria in sub-subparagraph a., sub-subparagraph b., sub-
954	subparagraph c., or sub-subparagraph d., as follows:
955	a.(I)  Has been convicted of committing, or attempting,
956	soliciting, or conspiring to commit, any of the criminal
957	offenses proscribed in the following statutes in this state or
958	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
959	or s. 787.025(2)(c), where the victim is a minor and the
960	defendant is not the victim's parent or guardian; s. 794.011,
961	excluding s. 794.011(10); s. 794.05; s. 796.03; former s.
962	796.035; s. 796.045(2); s. 800.04; s. 825.1025; s. 827.071; s.
963	847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137; s.
964	847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
965	committed in this state which has been redesignated from a
966	former statute number to one of those listed in this sub-sub-
967	subparagraph; and
968	(II)  Has been released on or after October 1, 1997, from
969	the sanction imposed for any conviction of an offense described
970	in sub-sub-subparagraph (I). For purposes of sub-sub-
971	subparagraph (I), a sanction imposed in this state or in any
972	other jurisdiction includes, but is not limited to, a fine,
973	probation, community control, parole, conditional release,
974	control release, or incarceration in a state prison, federal
975	prison, private correctional facility, or local detention
976	facility;
977	b.  Establishes or maintains a residence in this state and
978	who has not been designated as a sexual predator by a court of
979	this state but who has been designated as a sexual predator, as
980	a sexually violent predator, or by another sexual offender
981	designation in another state or jurisdiction and was, as a
982	result of such designation, subjected to registration or
983	community or public notification, or both, or would be if the
984	person were a resident of that state or jurisdiction, without
985	regard to whether the person otherwise meets the criteria for
986	registration as a sexual offender;
987	c.  Establishes or maintains a residence in this state who
988	is in the custody or control of, or under the supervision of,
989	any other state or jurisdiction as a result of a conviction for
990	committing, or attempting, soliciting, or conspiring to commit,
991	any of the criminal offenses proscribed in the following
992	statutes or similar offense in another jurisdiction: s. 787.01,
993	s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
994	the defendant is not the victim's parent or guardian; s.
995	794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; former
996	s. 796.035; s. 796.045(2); s. 800.04; s. 825.1025; s. 827.071;
997	s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137;
998	s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
999	offense committed in this state which has been redesignated from
1000	a former statute number to one of those listed in this sub-
1001	subparagraph; or
1002	d.  On or after July 1, 2007, has been adjudicated
1003	delinquent for committing, or attempting, soliciting, or
1004	conspiring to commit, any of the criminal offenses proscribed in
1005	the following statutes in this state or similar offenses in
1006	another jurisdiction when the juvenile was 14 years of age or
1007	older at the time of the offense:
1008	(I)  Section 794.011, excluding s. 794.011(10);
1009	(II)  Section 800.04(4)(b) where the victim is under 12
1010	years of age or where the court finds sexual activity by the use
1011	of force or coercion;
1012	(III)  Section 800.04(5)(c)1. where the court finds
1013	molestation involving unclothed genitals; or
1014	(IV)  Section 800.04(5)(d) where the court finds the use of
1015	force or coercion and unclothed genitals.
1016	2.  For all qualifying offenses listed in sub-subparagraph
1017	(1)(a)1.d., the court shall make a written finding of the age of
1018	the offender at the time of the offense.
1019
1020	For each violation of a qualifying offense listed in this
1021	subsection, the court shall make a written finding of the age of
1022	the victim at the time of the offense. For a violation of s.
1023	800.04(4), the court shall additionally make a written finding
1024	indicating that the offense did or did not involve sexual
1025	activity and indicating that the offense did or did not involve
1026	force or coercion. For a violation of s. 800.04(5), the court
1027	shall additionally make a written finding that the offense did
1028	or did not involve unclothed genitals or genital area and that
1029	the offense did or did not involve the use of force or coercion.
1030	Section 18.  Paragraph (b) of subsection (1) of section
1031	944.606, Florida Statutes, is amended to read:
1032	944.606  Sexual offenders; notification upon release.--
1033	(1)  As used in this section:
1034	(b)  "Sexual offender" means a person who has been
1035	convicted of committing, or attempting, soliciting, or
1036	conspiring to commit, any of the criminal offenses proscribed in
1037	the following statutes in this state or similar offenses in
1038	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
1039	where the victim is a minor and the defendant is not the
1040	victim's parent or guardian; s. 794.011, excluding s.
1041	794.011(10); s. 794.05; s. 796.03; former s. 796.035; s.
1042	796.045(2); s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1043	847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s.
1044	847.0145; or s. 985.701(1); or any similar offense committed in
1045	this state which has been redesignated from a former statute
1046	number to one of those listed in this subsection, when the
1047	department has received verified information regarding such
1048	conviction; an offender's computerized criminal history record
1049	is not, in and of itself, verified information.
1050	Section 19.  Paragraph (a) of subsection (1) of section
1051	944.607, Florida Statutes, is amended to read:
1052	944.607  Notification to Department of Law Enforcement of
1053	information on sexual offenders.--
1054	(1)  As used in this section, the term:
1055	(a)  "Sexual offender" means a person who is in the custody
1056	or control of, or under the supervision of, the department or is
1057	in the custody of a private correctional facility:
1058	1.  On or after October 1, 1997, as a result of a
1059	conviction for committing, or attempting, soliciting, or
1060	conspiring to commit, any of the criminal offenses proscribed in
1061	the following statutes in this state or similar offenses in
1062	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
1063	where the victim is a minor and the defendant is not the
1064	victim's parent or guardian; s. 794.011, excluding s.
1065	794.011(10); s. 794.05; s. 796.03; former s. 796.035; s.
1066	796.045(2); s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1067	847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s.
1068	847.0145; or s. 985.701(1); or any similar offense committed in
1069	this state which has been redesignated from a former statute
1070	number to one of those listed in this paragraph; or
1071	2.  Who establishes or maintains a residence in this state
1072	and who has not been designated as a sexual predator by a court
1073	of this state but who has been designated as a sexual predator,
1074	as a sexually violent predator, or by another sexual offender
1075	designation in another state or jurisdiction and was, as a
1076	result of such designation, subjected to registration or
1077	community or public notification, or both, or would be if the
1078	person were a resident of that state or jurisdiction, without
1079	regard as to whether the person otherwise meets the criteria for
1080	registration as a sexual offender.
1081	Section 20.  This act shall take effect July 1, 2008.

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