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

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