Florida Senate - 2008 SB 1560
By Senator Oelrich
14-03048-08 20081560__
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A bill to be entitled
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An act relating to the use of hoax firearms; creating s.
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812.129, F.S.; defining the term "hoax firearm" for
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812.135, F.S.; revising provisions relating to robbery,
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carjacking, and home-invasion robbery to provide increased
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penalties when a hoax firearm is carried in the course of
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committing the offense; amending s. 921.0022, F.S.;
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conforming provisions of the offense severity ranking
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chart of the Criminal Punishment Code to changes made by
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the act; amending s. 948.062, F.S.; conforming provisions;
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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 812.129, Florida Statutes, is created to
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read:
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812.129 Definition; ss. 812.13-813.135.--As used is ss.
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812.13-813.135, the term "hoax firearm" means any device or
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object that by its design, construction, content, or
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characteristics appears to be a firearm as defined in s. 790.001,
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but is, in fact, a facsimile or imitation of such firearm.
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Section 2. Paragraphs (a) and (c) of subsection (2) of
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section 812.13, Florida Statutes, are amended to read:
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812.13 Robbery.--
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(2)(a) If in the course of committing the robbery the
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offender carried a firearm or other deadly weapon or a hoax
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firearm, then the robbery is a felony of the first degree,
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punishable by imprisonment for a term of years not exceeding life
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(c) If in the course of committing the robbery the offender
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carried no firearm, deadly weapon, or other weapon, or hoax
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firearm, then the robbery is a felony of the second degree,
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Section 3. Subsection (2) of section 812.133, Florida
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Statutes, is amended to read:
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812.133 Carjacking.--
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(2)(a) If in the course of committing the carjacking the
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offender carried a firearm or other deadly weapon or a hoax
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firearm, then the carjacking is a felony of the first degree,
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punishable by imprisonment for a term of years not exceeding life
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(b) If in the course of committing the carjacking the
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offender carried no firearm, deadly weapon, or other weapon, or
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hoax firearm, then the carjacking is a felony of the first
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Section 4. Paragraphs (a) and (c) of subsection (2) of
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section 812.135, Florida Statutes, are amended to read:
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812.135 Home-invasion robbery.--
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(2)(a) If in the course of committing the home-invasion
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robbery the person carries a firearm or other deadly weapon or a
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hoax firearm, the person commits a felony of the first degree,
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punishable by imprisonment for a term of years not exceeding life
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(c) If in the course of committing the home-invasion
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robbery the person carries no firearm, deadly weapon, or other
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weapon, or hoax firearm, the person commits a felony of the first
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Section 5. Paragraphs (f), (g), (h), (i), and (j) of
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subsection (3) of section 921.0022, Florida Statutes, are amended
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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, or hoax weapon (strong-arm robbery). |
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| 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
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| 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
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| 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
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| 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
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| 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
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| 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
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| 827.03(1) | 3rd | Abuse of a child. |
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| 827.03(3)(c) | 3rd | Neglect of a child. |
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| 827.071(2)&(3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
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| 836.05 | 2nd | Threats; extortion. |
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| 836.10 | 2nd | Written threats to kill or do bodily injury. |
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| 843.12 | 3rd | Aids or assists person to escape. |
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| 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
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| 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
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| 944.35(3)(a)2. | 3rd | Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. |
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| 944.40 | 2nd | Escapes. |
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| 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
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| 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
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| 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
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(g) LEVEL 7
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| FloridaStatute | FelonyDegree | Description |
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| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
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| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
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| 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
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| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
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| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
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| 409.920(2) | 3rd | Medicaid provider fraud. |
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| 456.065(2) | 3rd | Practicing a health care profession without a license. |
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| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
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| 458.327(1) | 3rd | Practicing medicine without a license. |
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| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
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| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
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| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
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| 462.17 | 3rd | Practicing naturopathy without a license. |
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| 463.015(1) | 3rd | Practicing optometry without a license. |
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| 464.016(1) | 3rd | Practicing nursing without a license. |
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| 465.015(2) | 3rd | Practicing pharmacy without a license. |
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| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
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| 467.201 | 3rd | Practicing midwifery without a license. |
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| 468.366 | 3rd | Delivering respiratory care services without a license. |
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| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
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| 483.901(9) | 3rd | Practicing medical physics without a license. |
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| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
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| 484.053 | 3rd | Dispensing hearing aids without a license. |
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| 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
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| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
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| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
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| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
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| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
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| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
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| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
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| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
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| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
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| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
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| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
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| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
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| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
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| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
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| 784.048(4) | 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, or hoax firearm. |
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| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
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| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
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| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
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| 817.2341(2)(b)&(3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
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| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
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| 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
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| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
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| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
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| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
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| 838.015 | 2nd | Bribery. |
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| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
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| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
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| 838.22 | 2nd | Bid tampering. |
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| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
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| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
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| 872.06 | 2nd | Abuse of a dead human body. |
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| 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
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| 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
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| 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
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| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
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| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
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| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
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| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
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| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
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| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
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| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
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| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
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| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
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| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
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| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
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| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
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| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
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| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
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| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
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| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
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| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
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| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
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| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
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| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
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| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
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| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
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(h) LEVEL 8
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| FloridaStatute | FelonyDegree | Description |
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| 316.193(3)(c)3.a. | 2nd | DUI manslaughter. |
241
| 316.1935(4)(b) | 1st | Aggravated fleeing or attempted eluding with serious bodily injury or death. |
242
| 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |
243
| 499.0051(7) | 1st | Forgery of prescription or legend drug labels. |
244
| 499.0052 | 1st | Trafficking in contraband legend drugs. |
245
| 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. |
246
| 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. |
247
| 655.50(10)(b)2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |
248
| 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |
249
| 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. |
250
| 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
251
| 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |
252
| 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |
253
| 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |
254
| 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |
255
| 794.08(3) | 2nd | Female genital mutilation, removal of a victim younger than 18 years of age from this state. |
256
| 800.04(4) | 2nd | Lewd or lascivious battery. |
257
| 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure. |
258
| 810.02(2)(a) | 1st,PBL | Burglary with assault or battery. |
259
| 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |
260
| 810.02(2)(c) | 1st | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |
261
| 812.014(2)(a)2. | 1st | Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. |
262
| 812.13(2)(b) | 1st | Robbery with a weapon. |
263
| 812.135(2)(c) | 1st | Home-invasion robbery, no firearm, deadly weapon, or other weapon, or hoax firearm. |
264
| 817.568(6) | 2nd | Fraudulent use of personal identification information of an individual under the age of 18. |
265
| 825.102(2) | 2nd | Aggravated abuse of an elderly person or disabled adult. |
266
| 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |
267
| 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |
268
| 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
269
| 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony. |
270
| 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |
271
| 860.16 | 1st | Aircraft piracy. |
272
| 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). |
273
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| 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |
276
| 893.135(1)(b)1.b. | 1st | Trafficking in cocaine, more than 200 grams, less than 400 grams. |
277
| 893.135(1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |
278
| 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |
279
| 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
280
| 893.135(1)(f)1.b. | 1st | Trafficking in amphetamine, more than 28 grams, less than 200 grams. |
281
| 893.135(1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |
282
| 893.135(1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. |
283
| 893.135(1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. |
284
| 893.135(1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |
285
| 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |
286
| 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |
287
| 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |
288
| 896.101(5)(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |
289
| 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. |
290
291
(i) LEVEL 9
292
| FloridaStatute | FelonyDegree | Description |
293
| 316.193(3)(c)3.b. | 1st | DUI manslaughter; failing to render aid or give information. |
294
| 327.35(3)(c)3.b. | 1st | BUI manslaughter; failing to render aid or give information. |
295
| 499.00535 | 1st | Sale or purchase of contraband legend drugs resulting in great bodily harm. |
296
| 560.123(8)(b)3. | 1st | Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. |
297
| 560.125(5)(c) | 1st | Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. |
298
| 655.50(10)(b)3. | 1st | Failure to report financial transactions totaling or exceeding $100,000 by financial institution. |
299
| 775.0844 | 1st | Aggravated white collar crime. |
300
| 782.04(1) | 1st | Attempt, conspire, or solicit to commit premeditated murder. |
301
| 782.04(3) | 1st,PBL | Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies. |
302
| 782.051(1) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). |
303
| 782.07(2) | 1st | Aggravated manslaughter of an elderly person or disabled adult. |
304
| 787.01(1)(a)1. | 1st,PBL | Kidnapping; hold for ransom or reward or as a shield or hostage. |
305
| 787.01(1)(a)2. | 1st,PBL | Kidnapping with intent to commit or facilitate commission of any felony. |
306
| 787.01(1)(a)4. | 1st,PBL | Kidnapping with intent to interfere with performance of any governmental or political function. |
307
| 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. |
308
| 790.161 | 1st | Attempted capital destructive device offense. |
309
| 790.166(2) | 1st,PBL | Possessing, selling, using, or attempting to use a weapon of mass destruction. |
310
| 794.011(2) | 1st | Attempted sexual battery; victim less than 12 years of age. |
311
| 794.011(2) | Life | Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. |
312
| 794.011(4) | 1st | Sexual battery; victim 12 years or older, certain circumstances. |
313
| 794.011(8)(b) | 1st | Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. |
314
| 794.08(2) | 1st | Female genital mutilation; victim younger than 18 years of age. |
315
| 800.04(5)(b) | Life | Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. |
316
| 812.13(2)(a) | 1st,PBL | Robbery with firearm or other deadly weapon or hoax firearm. |
317
| 812.133(2)(a) | 1st,PBL | Carjacking; firearm or other deadly weapon or hoax firearm. |
318
| 812.135(2)(b) | 1st | Home-invasion robbery with weapon. |
319
| 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. |
320
| 827.03(2) | 1st | Aggravated child abuse. |
321
| 847.0145(1) | 1st | Selling, or otherwise transferring custody or control, of a minor. |
322
| 847.0145(2) | 1st | Purchasing, or otherwise obtaining custody or control, of a minor. |
323
| 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. |
324
| 893.135 | 1st | Attempted capital trafficking offense. |
325
| 893.135(1)(a)3. | 1st | Trafficking in cannabis, more than 10,000 lbs. |
326
| 893.135(1)(b)1.c. | 1st | Trafficking in cocaine, more than 400 grams, less than 150 kilograms. |
327
| 893.135(1)(c)1.c. | 1st | Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. |
328
| 893.135(1)(d)1.c. | 1st | Trafficking in phencyclidine, more than 400 grams. |
329
| 893.135(1)(e)1.c. | 1st | Trafficking in methaqualone, more than 25 kilograms. |
330
| 893.135(1)(f)1.c. | 1st | Trafficking in amphetamine, more than 200 grams. |
331
| 893.135(1)(h)1.c. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. |
332
| 893.135(1)(j)1.c. | 1st | Trafficking in 1,4-Butanediol, 10 kilograms or more. |
333
| 893.135(1)(k)2.c. | 1st | Trafficking in Phenethylamines, 400 grams or more. |
334
| 896.101(5)(c) | 1st | Money laundering, financial instruments totaling or exceeding $100,000. |
335
| 896.104(4)(a)3. | 1st | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. |
336
337
(j) LEVEL 10
338
| FloridaStatute | FelonyDegree | Description |
339
| 499.00545 | 1st | Sale or purchase of contraband legend drugs resulting in death. |
340
| 782.04(2) | 1st,PBL | Unlawful killing of human; act is homicide, unpremeditated. |
341
| 787.01(1)(a)3. | 1st,PBL | Kidnapping; inflict bodily harm upon or terrorize victim. |
342
| 787.01(3)(a) | Life | Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition. |
343
| 782.07(3) | 1st | Aggravated manslaughter of a child. |
344
| 794.011(3) | Life | Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury. |
345
| 812.135(2)(a) | 1st,PBL | Home-invasion robbery with firearm or other deadly weapon or hoax firearm. |
346
| 876.32 | 1st | Treason against the state. |
347
348
Section 6. Paragraph (g) of subsection (1) of section
349
948.062, Florida Statutes, is amended to read:
350
948.062 Reviewing and reporting serious offenses committed
351
by offenders placed on probation or community control.--
352
(1) The department shall review the circumstances related
353
to an offender placed on probation or community control who has
354
been arrested while on supervision for the following offenses:
355
(g) Any robbery with a firearm or other deadly weapon or a
356
hoax firearm, home invasion robbery, or carjacking as provided in
358
Section 7. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.