Florida Senate - 2008 SB 1280
By Senator Aronberg
27-00302-08 20081280__
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A bill to be entitled
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An act relating to criminal conduct; amending s. 827.03,
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F.S.; defining the term "mental injury"; exempting
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constitutionally protected acts from prohibitions on child
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abuse, aggravated child abuse, and neglect; amending ss.
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F.S.; conforming cross-references; amending s. 960.03,
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F.S.; redefining the term "crime" for purposes of crime
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victims compensation to include additional forms of
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injury; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 827.03, Florida Statutes, is amended to
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read:
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827.03 Abuse, aggravated abuse, and neglect of a child;
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penalties.--
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(1) DEFINITIONS.--For purposes of this section:
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(a) "Aggravated child abuse" occurs when a person:
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1. Commits aggravated battery on a child;
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2. Willfully tortures, maliciously punishes, or willfully
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and unlawfully cages a child; or
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3. Knowingly or willfully abuses a child and in so doing
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causes great bodily harm, permanent disability, or permanent
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disfigurement to the child.
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(b) "Child abuse" means:
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1.(a) Intentional infliction of physical or mental injury
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upon a child;
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2.(b) An intentional act that could reasonably be expected
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to result in physical or mental injury to a child; or
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3.(c) Active encouragement of any person to commit an act
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that results or could reasonably be expected to result in
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physical or mental injury to a child.
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A person who knowingly or willfully abuses a child without
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causing great bodily harm, permanent disability, or permanent
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disfigurement to the child commits a felony of the third degree,
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(2) "Aggravated child abuse" occurs when a person:
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(a) Commits aggravated battery on a child;
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(b) Willfully tortures, maliciously punishes, or willfully
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and unlawfully cages a child; or
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(c) Knowingly or willfully abuses a child and in so doing
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causes great bodily harm, permanent disability, or permanent
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disfigurement to the child.
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A person who commits aggravated child abuse commits a felony of
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the first degree, punishable as provided in s. 775.082, s.
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(c) "Maliciously" means wrongfully, intentionally, and
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without legal justification or excuse. Maliciousness may be
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established by circumstances from which one could conclude that a
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reasonable parent would not have engaged in the damaging acts
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toward the child for any valid reason and that the primary
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purpose of the acts was to cause the victim unjustifiable pain or
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injury.
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(d) "Mental injury" has the same meaning as provided in s.
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(e)(3)(a) "Neglect of a child" means:
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1. A caregiver's failure or omission to provide a child
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with the care, supervision, and services necessary to maintain
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the child's physical and mental health, including, but not
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limited to, food, nutrition, clothing, shelter, supervision,
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medicine, and medical services that a prudent person would
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consider essential for the well-being of the child; or
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2. A caregiver's failure to make a reasonable effort to
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protect a child from abuse, neglect, or exploitation by another
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person.
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Neglect of a child may be based on repeated conduct or on a
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single incident or omission that results in, or could reasonably
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be expected to result in, serious physical or mental injury, or a
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substantial risk of death, to a child.
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(2) OFFENSES.--
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(a) A person who commits aggravated child abuse commits a
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felony of the first degree, punishable as provided in s. 775.082,
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(b) A person who willfully or by culpable negligence
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neglects a child and in so doing causes great bodily harm,
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permanent disability, or permanent disfigurement to the child
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commits a felony of the second degree, punishable as provided in
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(c) A person who knowingly or willfully abuses a child
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without causing great bodily harm, permanent disability, or
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permanent disfigurement to the child commits a felony of the
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or s. 775.084.
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(d)(c) A person who willfully or by culpable negligence
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neglects a child without causing great bodily harm, permanent
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disability, or permanent disfigurement to the child commits a
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felony of the third degree, punishable as provided in s. 775.082,
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(3) EXCEPTION.--An act does not violate this section if it
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is protected by the First Amendment to the United States
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Constitution or s. 4, Art. I of the State Constitution.
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(4) For purposes of this section, "maliciously" means
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wrongfully, intentionally, and without legal justification or
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excuse. Maliciousness may be established by circumstances from
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which one could conclude that a reasonable parent would not have
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engaged in the damaging acts toward the child for any valid
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reason and that the primary purpose of the acts was to cause the
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victim unjustifiable pain or injury.
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Section 2. Paragraph (d) of subsection (1) of section
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775.084, Florida Statutes, is amended to read:
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775.084 Violent career criminals; habitual felony offenders
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and habitual violent felony offenders; three-time violent felony
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offenders; definitions; procedure; enhanced penalties or
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mandatory minimum prison terms.--
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(1) As used in this act:
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(d) "Violent career criminal" means a defendant for whom
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the court must impose imprisonment pursuant to paragraph (4)(d),
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if it finds that:
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1. The defendant has previously been convicted as an adult
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three or more times for an offense in this state or other
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qualified offense that is:
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a. Any forcible felony, as described in s. 776.08;
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b. Aggravated stalking, as described in s. 784.048(3) and
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(4);
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c. Aggravated child abuse, as described in s. 827.03(2)(a);
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d. Aggravated abuse of an elderly person or disabled adult,
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as described in s. 825.102(2);
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e. Lewd or lascivious battery, lewd or lascivious
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molestation, lewd or lascivious conduct, or lewd or lascivious
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exhibition, as described in s. 800.04;
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f. Escape, as described in s. 944.40; or
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g. A felony violation of chapter 790 involving the use or
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possession of a firearm.
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2. The defendant has been incarcerated in a state prison or
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a federal prison.
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3. The primary felony offense for which the defendant is to
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be sentenced is a felony enumerated in subparagraph 1. and was
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committed on or after October 1, 1995, and:
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a. While the defendant was serving a prison sentence or
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other sentence, or court-ordered or lawfully imposed supervision
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that is imposed as a result of a prior conviction for an
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enumerated felony; or
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b. Within 5 years after the conviction of the last prior
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enumerated felony, or within 5 years after the defendant's
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release from a prison sentence, probation, community control,
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control release, conditional release, parole, or court-ordered or
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lawfully imposed supervision or other sentence that is imposed as
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a result of a prior conviction for an enumerated felony,
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whichever is later.
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4. The defendant has not received a pardon for any felony
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or other qualified offense that is necessary for the operation of
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this paragraph.
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5. A conviction of a felony or other qualified offense
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necessary to the operation of this paragraph has not been set
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aside in any postconviction proceeding.
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Section 3. Paragraphs (h) and (i) of subsection (1) of
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section 775.0877, Florida Statutes, are amended to read:
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775.0877 Criminal transmission of HIV; procedures;
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penalties.--
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(1) In any case in which a person has been convicted of or
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has pled nolo contendere or guilty to, regardless of whether
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adjudication is withheld, any of the following offenses, or the
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attempt thereof, which offense or attempted offense involves the
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transmission of body fluids from one person to another:
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(h) Section 827.03(2)(c)(1), relating to child abuse,
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(i) Section 827.03(2)(a), relating to aggravated child
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abuse,
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the court shall order the offender to undergo HIV testing, to be
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performed under the direction of the Department of Health in
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accordance with s. 381.004, unless the offender has undergone HIV
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testing voluntarily or pursuant to procedures established in s.
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providing for HIV testing of criminal offenders or inmates,
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subsequent to her or his arrest for an offense enumerated in
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paragraphs (a)-(n) for which she or he was convicted or to which
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she or he pled nolo contendere or guilty. The results of an HIV
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test performed on an offender pursuant to this subsection are not
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admissible in any criminal proceeding arising out of the alleged
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offense.
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Section 4. Subsection (3) of section 782.07, Florida
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Statutes, is amended to read:
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782.07 Manslaughter; aggravated manslaughter of an elderly
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person or disabled adult; aggravated manslaughter of a child;
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aggravated manslaughter of an officer, a firefighter, an
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emergency medical technician, or a paramedic.--
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(3) A person who causes the death of any person under the
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age of 18 by culpable negligence under s. 827.03(2)(b)(3) commits
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aggravated manslaughter of a child, a felony of the first degree,
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Section 5. Paragraphs (f), (g), and (i) of subsection (3)
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of section 921.0022, Florida Statutes, are amended to read:
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921.0022 Criminal Punishment Code; offense severity ranking
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chart.--
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(3) OFFENSE SEVERITY RANKING CHART
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(f) LEVEL 6
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| FloridaStatute | FelonyDegree | Description |
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| 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
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| 499.0051(3) | 2nd | Forgery of pedigree papers. |
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| 499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
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| 499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
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| 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
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| 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
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| 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
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| 784.041 | 3rd | Felony battery; domestic battery by strangulation. |
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| 784.048(3) | 3rd | Aggravated stalking; credible threat. |
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| 784.048(5) | 3rd | Aggravated stalking of person under 16. |
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| 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
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| 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
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| 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
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| 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
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| 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
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| 784.083(2) | 2nd | Aggravated assault on code inspector. |
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| 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
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| 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
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| 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
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| 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
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| 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
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| 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
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| 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
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| 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
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| 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
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| 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
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| 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
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| 812.014(6) | 2nd | Theft; property stolen $3,000 or more; coordination of others. |
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| 812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
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| 812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
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| 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
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| 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
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| 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
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| 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
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| 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
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| 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
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| 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
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| 827.03(2)(c)(1) | 3rd | Abuse of a child. |
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| 827.03(2)(d)(3)(c) | 3rd | Neglect of a child. |
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| 827.071(2)&(3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
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| 836.05 | 2nd | Threats; extortion. |
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| 836.10 | 2nd | Written threats to kill or do bodily injury. |
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| 843.12 | 3rd | Aids or assists person to escape. |
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| 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
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| 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
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| 944.35(3)(a)2. | 3rd | Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. |
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| 944.40 | 2nd | Escapes. |
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| 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
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| 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
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| 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
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(g) LEVEL 7
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| FloridaStatute | FelonyDegree | Description |
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| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
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| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
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| 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
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| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
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| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
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| 409.920(2) | 3rd | Medicaid provider fraud. |
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| 456.065(2) | 3rd | Practicing a health care profession without a license. |
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| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
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| 458.327(1) | 3rd | Practicing medicine without a license. |
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| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
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| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
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| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
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| 462.17 | 3rd | Practicing naturopathy without a license. |
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| 463.015(1) | 3rd | Practicing optometry without a license. |
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| 464.016(1) | 3rd | Practicing nursing without a license. |
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| 465.015(2) | 3rd | Practicing pharmacy without a license. |
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| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
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| 467.201 | 3rd | Practicing midwifery without a license. |
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| 468.366 | 3rd | Delivering respiratory care services without a license. |
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| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
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| 483.901(9) | 3rd | Practicing medical physics without a license. |
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| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
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| 484.053 | 3rd | Dispensing hearing aids without a license. |
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| 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
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| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
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| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
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| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
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| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
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| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
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| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
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| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
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| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
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| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
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| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
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| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
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| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
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| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
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| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
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| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
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| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
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| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
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| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
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| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
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| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
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| 784.083(1) | 1st | Aggravated battery on code inspector. |
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| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
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| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
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| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
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| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
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| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
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| 794.08(4) | 3rd | Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. |
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| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
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| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
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| 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
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| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
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| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
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| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
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| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
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| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
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| 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. |
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| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
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| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
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| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
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| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
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| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
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| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
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| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
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| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
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| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
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| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
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| 817.2341(2)(b)&(3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
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| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
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| 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
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| 827.03(2)(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
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| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
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| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
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| 838.015 | 2nd | Bribery. |
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| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
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| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
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| 838.22 | 2nd | Bid tampering. |
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| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
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| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
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| 872.06 | 2nd | Abuse of a dead human body. |
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| 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
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| 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
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| 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
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| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
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| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
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| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
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| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
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| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
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| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
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| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
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| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
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| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
344
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
345
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
346
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
347
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
348
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
349
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
350
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
351
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
352
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
353
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
354
| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
355
| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
356
| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
357
358
(i) LEVEL 9
359
| FloridaStatute | FelonyDegree | Description |
360
| 316.193(3)(c)3.b. | 1st | DUI manslaughter; failing to render aid or give information. |
361
| 327.35(3)(c)3.b. | 1st | BUI manslaughter; failing to render aid or give information. |
362
| 499.00535 | 1st | Sale or purchase of contraband legend drugs resulting in great bodily harm. |
363
| 560.123(8)(b)3. | 1st | Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. |
364
| 560.125(5)(c) | 1st | Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. |
365
| 655.50(10)(b)3. | 1st | Failure to report financial transactions totaling or exceeding $100,000 by financial institution. |
366
| 775.0844 | 1st | Aggravated white collar crime. |
367
| 782.04(1) | 1st | Attempt, conspire, or solicit to commit premeditated murder. |
368
| 782.04(3) | 1st,PBL | Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies. |
369
| 782.051(1) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). |
370
| 782.07(2) | 1st | Aggravated manslaughter of an elderly person or disabled adult. |
371
| 787.01(1)(a)1. | 1st,PBL | Kidnapping; hold for ransom or reward or as a shield or hostage. |
372
| 787.01(1)(a)2. | 1st,PBL | Kidnapping with intent to commit or facilitate commission of any felony. |
373
| 787.01(1)(a)4. | 1st,PBL | Kidnapping with intent to interfere with performance of any governmental or political function. |
374
| 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. |
375
| 790.161 | 1st | Attempted capital destructive device offense. |
376
| 790.166(2) | 1st,PBL | Possessing, selling, using, or attempting to use a weapon of mass destruction. |
377
| 794.011(2) | 1st | Attempted sexual battery; victim less than 12 years of age. |
378
| 794.011(2) | Life | Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. |
379
| 794.011(4) | 1st | Sexual battery; victim 12 years or older, certain circumstances. |
380
| 794.011(8)(b) | 1st | Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. |
381
| 794.08(2) | 1st | Female genital mutilation; victim younger than 18 years of age. |
382
| 800.04(5)(b) | Life | Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. |
383
| 812.13(2)(a) | 1st,PBL | Robbery with firearm or other deadly weapon. |
384
| 812.133(2)(a) | 1st,PBL | Carjacking; firearm or other deadly weapon. |
385
| 812.135(2)(b) | 1st | Home-invasion robbery with weapon. |
386
| 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. |
387
| 827.03(2)(a) | 1st | Aggravated child abuse. |
388
| 847.0145(1) | 1st | Selling, or otherwise transferring custody or control, of a minor. |
389
| 847.0145(2) | 1st | Purchasing, or otherwise obtaining custody or control, of a minor. |
390
| 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. |
391
| 893.135 | 1st | Attempted capital trafficking offense. |
392
| 893.135(1)(a)3. | 1st | Trafficking in cannabis, more than 10,000 lbs. |
393
| 893.135(1)(b)1.c. | 1st | Trafficking in cocaine, more than 400 grams, less than 150 kilograms. |
394
| 893.135(1)(c)1.c. | 1st | Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. |
395
| 893.135(1)(d)1.c. | 1st | Trafficking in phencyclidine, more than 400 grams. |
396
| 893.135(1)(e)1.c. | 1st | Trafficking in methaqualone, more than 25 kilograms. |
397
| 893.135(1)(f)1.c. | 1st | Trafficking in amphetamine, more than 200 grams. |
398
| 893.135(1)(h)1.c. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. |
399
| 893.135(1)(j)1.c. | 1st | Trafficking in 1,4-Butanediol, 10 kilograms or more. |
400
| 893.135(1)(k)2.c. | 1st | Trafficking in Phenethylamines, 400 grams or more. |
401
| 896.101(5)(c) | 1st | Money laundering, financial instruments totaling or exceeding $100,000. |
402
| 896.104(4)(a)3. | 1st | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. |
403
404
Section 6. Paragraph (b) of subsection (1) of section
405
943.325, Florida Statutes, is amended to read:
406
943.325 Blood or other biological specimen testing for DNA
407
analysis.--
408
(1)
411
2. Effective July 1, 2002, and contingent upon specific
413
3. Effective July 1, 2003, and contingent upon specific
414
appropriation, chapter 787 or s. 782.07.
415
4. Effective July 1, 2004, and contingent upon specific
416
appropriation, any forcible felony, as described in s. 776.08,
417
aggravated child abuse, as described in s. 827.03(2)(a),
418
aggravated abuse of an elderly person or a disabled adult, as
419
described in s. 825.102(2), or any felony violation of chapter
420
790 involving the use or possession of a firearm.
421
5. Effective July 1, 2005, and contingent upon specific
422
appropriation, any felony offense.
423
Section 7. Subsection (1) of section 948.062, Florida
424
Statutes, is amended to read:
425
948.062 Reviewing and reporting serious offenses committed
426
by offenders placed on probation or community control.--
427
(1) The department shall review the circumstances related
428
to an offender placed on probation or community control who has
429
been arrested while on supervision for the following offenses:
430
(a) Any murder as provided in s. 782.04;
431
(b) Any sexual battery as provided in s. 794.011 or s.
432
433
(c) Any sexual performance by a child as provided in s.
434
435
(d) Any kidnapping, false imprisonment, or luring of a
437
(e) Any lewd and lascivious battery or lewd and lascivious
438
molestation as provided in s. 800.04(4) or (5);
439
(f) Any aggravated child abuse as provided in s.
440
827.03(2)(a);
441
(g) Any robbery with a firearm or other deadly weapon, home
442
invasion robbery, or carjacking as provided in s. 812.13(2)(a),
444
(h) Any aggravated stalking as provided in s. 784.048(3),
445
(4), or (5);
446
(i) Any forcible felony as provided in s. 776.08, committed
447
by any person on probation or community control who is designated
448
as a sexual predator; or
449
(j) Any DUI manslaughter as provided in s. 316.193(3)(c),
450
or vehicular or vessel homicide as provided in s. 782.071 or s.
451
782.072, committed by any person who is on probation or community
452
control for an offense involving death or injury resulting from a
453
driving incident.
454
Section 8. Paragraph (a) of subsection (3) of section
455
960.03, Florida Statutes, is amended to read:
458
(3) "Crime" means:
459
(a) A felony or misdemeanor offense committed by either an
460
adult or a juvenile which results in physical injury or death,
461
including a felony or misdemeanor offense committed by either an
462
adult or a juvenile which results in psychiatric or psychological
463
injury to a person less than 18 years of age who was not
464
physically injured by the criminal act. The term also includes
465
any such criminal act which is committed within this state but
466
which falls exclusively within federal jurisdiction.
467
Section 9. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.