Florida Senate - 2008 (Reformatted) SB 188

By Senator Fasano

11-00123-08 2008188__

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A bill to be entitled

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An act relating to criminal offenses; creating s.

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775.0865, F.S.; providing for the reclassification of

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felonies committed against the elderly or disabled;

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amending s. 784.08, F.S.; providing for the

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reclassification of misdemeanors committed against persons

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65 years of age or older; amending s. 812.0145, F.S.;

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providing for a mandatory term of imprisonment for certain

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thefts against persons 65 years of age or older; amending

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s. 825.103, F.S.; providing for a mandatory term of

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imprisonment for certain acts of exploitation against an

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elderly person or disabled adult; amending ss. 775.0877

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and 921.0022, F.S., relating to orders for HIV testing for

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certain offenses and the sentencing guidelines; revising

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an offense description and conforming cross-references to

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changes made by the act; 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. This act may be cited as "The Seniors' Safety

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Act."

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     Section 2.  Section 775.0865, Florida Statutes, is created

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to read:

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     775.0865 Felonies committed against the elderly or

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disabled; reclassification of offenses.--Whenever a person is

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charged with committing a felony offense upon a person 65 years

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of age or older or an elderly person or disabled adult as defined

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in chapter 825, regardless of whether the person charged knew or

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had reason to know the age, infirmity, or disability of the

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victim, the offense for which the person is charged shall be

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reclassified as follows:

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     (1) In the case of a felony of the third degree, the

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offense is reclassified to a felony of the second degree.

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     (2) In the case of a felony of the second degree, the

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offense is reclassified to a felony of the first degree.

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     (3) In the case of a felony of the first degree, the

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offense is reclassified to a felony of the first degree,

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punishable by life imprisonment.

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     Section 3.  Subsection (2) of section 784.08, Florida

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Statutes, is amended to read:

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     784.08  Assault or battery on persons 65 years of age or

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older; reclassification of offenses; minimum sentence.--

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     (2)  Whenever a person is charged with committing an assault

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or aggravated assault or a battery or aggravated battery upon a

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person 65 years of age or older, regardless of whether the person

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charged knew he or she knows or had has reason to know the age of

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the victim, the offense for which the person is charged shall be

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reclassified as follows:

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     (a) In the case of aggravated battery, from a felony of the

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second degree to a felony of the first degree.

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     (b) In the case of aggravated assault, from a felony of the

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third degree to a felony of the second degree.

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     (a)(c) In the case of battery, from a misdemeanor of the

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first degree to a felony of the third degree.

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     (b)(d) In the case of assault, from a misdemeanor of the

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second degree to a misdemeanor of the first degree.

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     Section 4.  Section 812.0145, Florida Statutes, is amended

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to read:

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     812.0145  Theft from persons 65 years of age or older;

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penalties reclassification of offenses.--

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     (1)  A person who is convicted of theft of more than $1,000

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from a person 65 years of age or older shall be ordered by the

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sentencing judge to make restitution to the victim of such

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offense and to perform up to 500 hours of community service work.

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Restitution and community service work shall be in addition to

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any fine or sentence which may be imposed and shall not be in

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lieu thereof.

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     (2) Notwithstanding any other law, if the funds, assets, or

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property involved in a theft from a person 65 years of age or

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older is valued at $10,000 or more, the court shall sentence the

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offender to a mandatory minimum term of imprisonment of 3 years.

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However, the mandatory term of imprisonment does not apply to the

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theft of one or more motor vehicles, regardless of associated

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value. Whenever a person is charged with committing theft from a

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person 65 years of age or older, when he or she knows or has

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reason to believe that the victim was 65 years of age or older,

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the offense for which the person is charged shall be reclassified

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as follows:

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     (a) This subsection does not prevent a court from imposing

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a greater sentence of incarceration as authorized by law. If the

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funds, assets, or property involved in the theft from a person 65

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years of age or older is valued at $50,000 or more, the offender

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commits a felony of the first degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084.

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     (b) If the minimum mandatory term of imprisonment imposed

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under this section exceeds the maximum sentence authorized by s.

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775.082, s. 775.084, or the Criminal Punishment Code under

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chapter 921, the mandatory minimum sentence must be imposed. If

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the mandatory minimum term of imprisonment under this section is

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less than the sentence authorized by s. 775.082, s. 775.084, or

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the Criminal Punishment Code under chapter 921, the sentence

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imposed by the court must include the mandatory minimum term of

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imprisonment required in this subsection. If the funds, assets,

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or property involved in the theft from a person 65 years of age

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or older is valued at $10,000 or more, but less than $50,000, the

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offender commits a felony of the second degree, punishable as

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provided in s. 775.082, s. 775.083, or s. 775.084.

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     (c) If the funds, assets, or property involved in the

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theft from a person 65 years of age or older is valued at $300 or

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more, but less than $10,000, the offender commits a felony of the

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third degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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     Section 5.  Subsections (3) and (4) are added to section

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825.103, Florida Statutes, to read:

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     825.103  Exploitation of an elderly person or disabled

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adult; penalties.--

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     (3) Notwithstanding any other law, if the funds, assets, or

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property involved in the exploitation of an elderly person or a

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disabled adult is valued at $10,000 or more, the court shall

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sentence the offender to a mandatory minimum term of imprisonment

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of 3 years.

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     (4) This subsection does not prevent a court from imposing

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a greater sentence of incarceration as authorized by law. If the

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minimum mandatory term of imprisonment imposed under subsection

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(3) exceeds the maximum sentence authorized by s. 775.082, s.

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775.084, or the Criminal Punishment Code under chapter 921, the

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mandatory minimum sentence must be imposed. If the mandatory

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minimum term of imprisonment under this section is less than the

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sentence authorized by s. 775.082, s. 775.084, or the Criminal

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Punishment Code under chapter 921, the sentence imposed by the

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court must include the mandatory minimum term of imprisonment

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required in subsection (3).

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     Section 6.  Subsection (1) of section 775.0877, Florida

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Statutes, is 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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     (a)  Section 794.011, relating to sexual battery,

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     (b)  Section 826.04, relating to incest,

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     (c)  Section 800.04(1), (2), and (3), relating to lewd,

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lascivious, or indecent assault or act upon any person less than

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16 years of age,

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     (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(b)

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784.08(2)(d), relating to assault,

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     (e) Sections 784.021 and, 784.07(2)(c), and 784.08(2)(b),

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relating to aggravated assault,

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     (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(a)

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784.08(2)(c), relating to battery,

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     (g) Sections 784.045 and, 784.07(2)(d), and 784.08(2)(a),

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relating to aggravated battery,

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     (h)  Section 827.03(1), relating to child abuse,

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     (i)  Section 827.03(2), relating to aggravated child abuse,

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     (j)  Section 825.102(1), relating to abuse of an elderly

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person or disabled adult,

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     (k)  Section 825.102(2), relating to aggravated abuse of an

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elderly person or disabled adult,

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     (l)  Section 827.071, relating to sexual performance by

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person less than 18 years of age,

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     (m)  Sections 796.03, 796.07, and 796.08, relating to

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prostitution, or

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     (n)  Section 381.0041(11)(b), relating to donation of blood,

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plasma, organs, skin, or other human tissue,

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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 under pursuant to procedures established

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in s. 381.004(3)(h)6. or s. 951.27, or any other applicable law

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or rule providing for HIV testing of criminal offenders or

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inmates, subsequent to her or his arrest for an offense

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enumerated in paragraphs (a)-(n) for which she or he was

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convicted or to which she or he pled nolo contendere or guilty.  

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The results of an HIV test performed on an offender under

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pursuant to this subsection are not admissible in any criminal

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proceeding arising out of the alleged offense.

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     Section 7.  Paragraphs (c), (d), (e), (f), and (g) 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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     (c)  LEVEL 3

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FloridaStatuteFelonyDegreeDescription

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119.10(2)(b)3rdUnlawful use of confidential information from police reports.

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316.066(6)(b)-(d)3rdUnlawfully obtaining or using confidential crash reports.

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316.193(2)(b)3rdFelony DUI, 3rd conviction.

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316.1935(2)3rdFleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.

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319.30(4)3rdPossession by junkyard of motor vehicle with identification number plate removed.

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319.33(1)(a)3rdAlter or forge any certificate of title to a motor vehicle or mobile home.

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319.33(1)(c)3rdProcure or pass title on stolen vehicle.

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319.33(4)3rdWith intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

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327.35(2)(b)3rdFelony BUI.

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328.05(2)3rdPossess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.

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328.07(4)3rdManufacture, exchange, or possess vessel with counterfeit or wrong ID number.

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370.12(1)(e)5.3rdTaking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.

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370.12(1)(e)6.3rdSoliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

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376.302(5)3rdFraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

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400.903(3)3rdOperating a clinic without a license or filing false license application or other required information.

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440.1051(3)3rdFalse report of workers' compensation fraud or retaliation for making such a report.

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501.001(2)(b)2ndTampers with a consumer product or the container using materially false/misleading information.

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624.401(4)(a)3rdTransacting insurance without a certificate of authority.

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624.401(4)(b)1.3rdTransacting insurance without a certificate of authority; premium collected less than $20,000.

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626.902(1)(a) & (b)3rdRepresenting an unauthorized insurer.

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697.083rdEquity skimming.

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790.15(3)3rdPerson directs another to discharge firearm from a vehicle.

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796.05(1)3rdLive on earnings of a prostitute.

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806.10(1)3rdMaliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

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806.10(2)3rdInterferes with or assaults firefighter in performance of duty.

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810.09(2)(c)3rdTrespass on property other than structure or conveyance armed with firearm or dangerous weapon.

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812.014(2)(c)2.3rdGrand theft; $5,000 or more but less than $10,000.

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812.0145(2)(c)3rdTheft from person 65 years of age or older; $300 or more but less than $10,000.

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815.04(4)(b)2ndComputer offense devised to defraud or obtain property.

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817.034(4)(a)3.3rdEngages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.

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817.2333rdBurning to defraud insurer.

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817.234(8)(b)-(c)3rdUnlawful solicitation of persons involved in motor vehicle accidents.

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817.234(11)(a)3rdInsurance fraud; property value less than $20,000.

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817.2363rdFiling a false motor vehicle insurance application.

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817.23613rdCreating, marketing, or presenting a false or fraudulent motor vehicle insurance card.

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817.413(2)3rdSale of used goods as new.

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817.505(4)3rdPatient brokering.

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828.12(2)3rdTortures any animal with intent to inflict intense pain, serious physical injury, or death.

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831.28(2)(a)3rdCounterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.

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831.292ndPossession of instruments for counterfeiting drivers' licenses or identification cards.

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838.021(3)(b)3rdThreatens unlawful harm to public servant.

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843.193rdInjure, disable, or kill police dog or horse.

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860.15(3)3rdOvercharging for repairs and parts.

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870.01(2)3rdRiot; inciting or encouraging.

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893.13(1)(a)2.3rdSell, manufacture, or deliver cannabis (or other 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).

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893.13(1)(d)2.2ndSell, manufacture, or deliver 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 within 1,000 feet of university.

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893.13(1)(f)2.2ndSell, manufacture, or deliver 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 within 1,000 feet of public housing facility.

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893.13(6)(a)3rdPossession of any controlled substance other than felony possession of cannabis.

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893.13(7)(a)8.3rdWithhold information from practitioner regarding previous receipt of or prescription for a controlled substance.

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893.13(7)(a)9.3rdObtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.

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893.13(7)(a)10.3rdAffix false or forged label to package of controlled substance.

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893.13(7)(a)11.3rdFurnish false or fraudulent material information on any document or record required by chapter 893.

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893.13(8)(a)1.3rdKnowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.

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893.13(8)(a)2.3rdEmploy a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.

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893.13(8)(a)3.3rdKnowingly write a prescription for a controlled substance for a fictitious person.

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893.13(8)(a)4.3rdWrite a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.

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918.13(1)(a)3rdAlter, destroy, or conceal investigation evidence.

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944.47(1)(a)1.-2.3rdIntroduce contraband to correctional facility.

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944.47(1)(c)2ndPossess contraband while upon the grounds of a correctional institution.

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985.7213rdEscapes from a juvenile facility (secure detention or residential commitment facility).

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     (d)  LEVEL 4

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FloridaStatuteFelonyDegreeDescription

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316.1935(3)(a)2ndDriving 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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499.0051(1)3rdFailure to maintain or deliver pedigree papers.

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499.0051(2)3rdFailure to authenticate pedigree papers.

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499.0051(6)2ndSale or delivery, or possession with intent to sell, contraband legend drugs.

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784.07(2)(b)3rdBattery of law enforcement officer, firefighter, intake officer, etc.

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784.074(1)(c)3rdBattery of sexually violent predators facility staff.

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784.0753rdBattery on detention or commitment facility staff.

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784.0783rdBattery of facility employee by throwing, tossing, or expelling certain fluids or materials.

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784.08(2)(a)(c)3rdBattery on a person 65 years of age or older.

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784.081(3)3rdBattery on specified official or employee.

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784.082(3)3rdBattery by detained person on visitor or other detainee.

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784.083(3)3rdBattery on code inspector.

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784.0853rdBattery of child by throwing, tossing, projecting, or expelling certain fluids or materials.

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787.03(1)3rdInterference with custody; wrongly takes minor from appointed guardian.

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787.04(2)3rdTake, entice, or remove child beyond state limits with criminal intent pending custody proceedings.

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787.04(3)3rdCarrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.

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790.115(1)3rdExhibiting firearm or weapon within 1,000 feet of a school.

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790.115(2)(b)3rdPossessing electric weapon or device, destructive device, or other weapon on school property.

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790.115(2)(c)3rdPossessing firearm on school property.

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800.04(7)(d)3rdLewd or lascivious exhibition; offender less than 18 years.

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810.02(4)(a)3rdBurglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.

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810.02(4)(b)3rdBurglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.

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810.063rdBurglary; possession of tools.

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810.08(2)(c)3rdTrespass on property, armed with firearm or dangerous weapon.

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812.014(2)(c)3.3rdGrand theft, 3rd degree $10,000 or more but less than $20,000.

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812.014(2)(c)4.-10.3rdGrand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.

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812.0195(2)3rdDealing in stolen property by use of the Internet; property stolen $300 or more.

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817.563(1)3rdSell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.

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817.568(2)(a)3rdFraudulent use of personal identification information.

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817.625(2)(a)3rdFraudulent use of scanning device or reencoder.

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828.125(1)2ndKill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.

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837.02(1)3rdPerjury in official proceedings.

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837.021(1)3rdMake contradictory statements in official proceedings.

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838.0223rdOfficial misconduct.

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839.13(2)(a)3rdFalsifying records of an individual in the care and custody of a state agency.

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839.13(2)(c)3rdFalsifying records of the Department of Children and Family Services.

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843.0213rdPossession of a concealed handcuff key by a person in custody.

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843.0253rdDeprive law enforcement, correctional, or correctional probation officer of means of protection or communication.

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843.15(1)(a)3rdFailure to appear while on bail for felony (bond estreature or bond jumping).

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874.05(1)3rdEncouraging or recruiting another to join a criminal street gang.

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893.13(2)(a)1.2ndPurchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).

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914.14(2)3rdWitnesses accepting bribes.

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914.22(1)3rdForce, threaten, etc., witness, victim, or informant.

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914.23(2)3rdRetaliation against a witness, victim, or informant, no bodily injury.

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918.123rdTampering with jurors.

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934.2153rdUse of two-way communications device to facilitate commission of a crime.

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     (e)  LEVEL 5

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FloridaStatuteFelonyDegreeDescription

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316.027(1)(a)3rdAccidents involving personal injuries, failure to stop; leaving scene.

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316.1935(4)(a)2ndAggravated fleeing or eluding.

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322.34(6)3rdCareless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.

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327.30(5)3rdVessel accidents involving personal injury; leaving scene.

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381.0041(11)(b)3rdDonate blood, plasma, or organs knowing HIV positive.

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440.10(1)(g)2ndFailure to obtain workers' compensation coverage.

298

440.105(5)2ndUnlawful solicitation for the purpose of making workers' compensation claims.

299

440.381(2)2ndSubmission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.

300

624.401(4)(b)2.2ndTransacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.

301

626.902(1)(c)2ndRepresenting an unauthorized insurer; repeat offender.

302

790.01(2)3rdCarrying a concealed firearm.

303

790.1622ndThreat to throw or discharge destructive device.

304

790.163(1)2ndFalse report of deadly explosive or weapon of mass destruction.

305

790.221(1)2ndPossession of short-barreled shotgun or machine gun.

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790.232ndFelons in possession of firearms, ammunition, or electronic weapons or devices.

307

800.04(6)(c)3rdLewd or lascivious conduct; offender less than 18 years.

308

800.04(7)(c)2ndLewd or lascivious exhibition; offender 18 years or older.

309

806.111(1)3rdPossess, manufacture, or dispense fire bomb with intent to damage any structure or property.

310

812.0145(2)(b)2ndTheft from person 65 years of age or older; $10,000 or more but less than $50,000.

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812.015(8)3rdRetail theft; property stolen is valued at $300 or more and one or more specified acts.

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812.019(1)2ndStolen property; dealing in or trafficking in.

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812.131(2)(b)3rdRobbery by sudden snatching.

314

812.16(2)3rdOwning, operating, or conducting a chop shop.

315

817.034(4)(a)2.2ndCommunications fraud, value $20,000 to $50,000.

316

817.234(11)(b)2ndInsurance fraud; property value $20,000 or more but less than $100,000.

317

817.2341(1),(2)(a)&(3)(a)3rdFiling false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.

318

817.568(2)(b)2ndFraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.

319

817.625(2)(b)2ndSecond or subsequent fraudulent use of scanning device or reencoder.

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825.1025(4)3rdLewd or lascivious exhibition in the presence of an elderly person or disabled adult.

321

827.071(4)2ndPossess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.

322

827.071(5)3rdPossess any photographic material, motion picture, etc., which includes sexual conduct by a child.

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839.13(2)(b)2ndFalsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.

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843.013rdResist officer with violence to person; resist arrest with violence.

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847.0137(2)&(3)3rdTransmission of pornography by electronic device or equipment.

326

847.0138(2)&(3)3rdTransmission of material harmful to minors to a minor by electronic device or equipment.

327

874.05(2)2ndEncouraging or recruiting another to join a criminal street gang; second or subsequent offense.

328

893.13(1)(a)1.2ndSell, manufacture, or deliver 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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893.13(1)(c)2.2ndSell, manufacture, or deliver cannabis (or other 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) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.

330

893.13(1)(d)1.1stSell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.

331

893.13(1)(e)2.2ndSell, manufacture, or deliver cannabis or other drug prohibited under 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) within 1,000 feet of property used for religious services or a specified business site.

332

893.13(1)(f)1.1stSell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.

333

893.13(4)(b)2ndDeliver to minor cannabis (or other 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).

334

335

336

     (f)  LEVEL 6

337

FloridaStatuteFelonyDegreeDescription

338

316.193(2)(b)3rdFelony DUI, 4th or subsequent conviction.

339

499.0051(3)2ndForgery of pedigree papers.

340

499.0051(4)2ndPurchase or receipt of legend drug from unauthorized person.

341

499.0051(5)2ndSale of legend drug to unauthorized person.

342

775.0875(1)3rdTaking firearm from law enforcement officer.

343

784.021(1)(a)3rdAggravated assault; deadly weapon without intent to kill.

344

784.021(1)(b)3rdAggravated assault; intent to commit felony.

345

784.0413rdFelony battery; domestic battery by strangulation.

346

784.048(3)3rdAggravated stalking; credible threat.

347

784.048(5)3rdAggravated stalking of person under 16.

348

784.07(2)(c)2ndAggravated assault on law enforcement officer.

349

784.074(1)(b)2ndAggravated assault on sexually violent predators facility staff.

350

784.08(2)(b)2ndAggravated assault on a person 65 years of age or older.

351

784.081(2)2ndAggravated assault on specified official or employee.

352

784.082(2)2ndAggravated assault by detained person on visitor or other detainee.

353

784.083(2)2ndAggravated assault on code inspector.

354

787.02(2)3rdFalse imprisonment; restraining with purpose other than those in s. 787.01.

355

790.115(2)(d)2ndDischarging firearm or weapon on school property.

356

790.161(2)2ndMake, possess, or throw destructive device with intent to do bodily harm or damage property.

357

790.164(1)2ndFalse report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.

358

790.192ndShooting or throwing deadly missiles into dwellings, vessels, or vehicles.

359

794.011(8)(a)3rdSolicitation of minor to participate in sexual activity by custodial adult.

360

794.05(1)2ndUnlawful sexual activity with specified minor.

361

800.04(5)(d)3rdLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.

362

800.04(6)(b)2ndLewd or lascivious conduct; offender 18 years of age or older.

363

806.031(2)2ndArson resulting in great bodily harm to firefighter or any other person.

364

810.02(3)(c)2ndBurglary of occupied structure; unarmed; no assault or battery.

365

812.014(2)(b)1.2ndProperty stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.

366

812.014(6)2ndTheft; property stolen $3,000 or more; coordination of others.

367

812.015(9)(a)2ndRetail theft; property stolen $300 or more; second or subsequent conviction.

368

812.015(9)(b)2ndRetail theft; property stolen $3,000 or more; coordination of others.

369

812.13(2)(c)2ndRobbery, no firearm or other weapon (strong-arm robbery).

370

817.034(4)(a)1.1stCommunications fraud, value greater than $50,000.

371

817.4821(5)2ndPossess cloning paraphernalia with intent to create cloned cellular telephones.

372

825.102(1)3rdAbuse of an elderly person or disabled adult.

373

825.102(3)(c)3rdNeglect of an elderly person or disabled adult.

374

825.1025(3)3rdLewd or lascivious molestation of an elderly person or disabled adult.

375

825.103(2)(c)3rdExploiting an elderly person or disabled adult and property is valued at less than $20,000.

376

827.03(1)3rdAbuse of a child.

377

827.03(3)(c)3rdNeglect of a child.

378

827.071(2)&(3)2ndUse or induce a child in a sexual performance, or promote or direct such performance.

379

836.052ndThreats; extortion.

380

836.102ndWritten threats to kill or do bodily injury.

381

843.123rdAids or assists person to escape.

382

847.0135(2)3rdFacilitates sexual conduct of or with a minor or the visual depiction of such conduct.

383

914.232ndRetaliation against a witness, victim, or informant, with bodily injury.

384

944.35(3)(a)2.3rdCommitting malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.

385

944.402ndEscapes.

386

944.463rdHarboring, concealing, aiding escaped prisoners.

387

944.47(1)(a)5.2ndIntroduction of contraband (firearm, weapon, or explosive) into correctional facility.

388

951.22(1)3rdIntoxicating drug, firearm, or weapon introduced into county facility.

389

390

391

     (g)  LEVEL 7

392

FloridaStatuteFelonyDegreeDescription

393

316.027(1)(b)1stAccident involving death, failure to stop; leaving scene.

394

316.193(3)(c)2.3rdDUI resulting in serious bodily injury.

395

316.1935(3)(b)1stCausing 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.

396

327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.

397

402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.

398

409.920(2)3rdMedicaid provider fraud.

399

456.065(2)3rdPracticing a health care profession without a license.

400

456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.

401

458.327(1)3rdPracticing medicine without a license.

402

459.013(1)3rdPracticing osteopathic medicine without a license.

403

460.411(1)3rdPracticing chiropractic medicine without a license.

404

461.012(1)3rdPracticing podiatric medicine without a license.

405

462.173rdPracticing naturopathy without a license.

406

463.015(1)3rdPracticing optometry without a license.

407

464.016(1)3rdPracticing nursing without a license.

408

465.015(2)3rdPracticing pharmacy without a license.

409

466.026(1)3rdPracticing dentistry or dental hygiene without a license.

410

467.2013rdPracticing midwifery without a license.

411

468.3663rdDelivering respiratory care services without a license.

412

483.828(1)3rdPracticing as clinical laboratory personnel without a license.

413

483.901(9)3rdPracticing medical physics without a license.

414

484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.

415

484.0533rdDispensing hearing aids without a license.

416

494.0018(2)1stConviction 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.

417

560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.

418

560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.

419

655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.

420

775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.

421

775.21(10)(b)3rdSexual predator working where children regularly congregate.

422

775.21(10)(g)3rdFailure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.

423

782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.

424

782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).

425

782.0712ndKilling of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).

426

782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).

427

784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.

428

784.045(1)(a)2.2ndAggravated battery; using deadly weapon.

429

784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.

430

784.048(4)3rdAggravated stalking; violation of injunction or court order.

431

784.048(7)3rdAggravated stalking; violation of court order.

432

784.07(2)(d)1stAggravated battery on law enforcement officer.

433

784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.

434

784.08(2)(a)1stAggravated battery on a person 65 years of age or older.

435

784.081(1)1stAggravated battery on specified official or employee.

436

784.082(1)1stAggravated battery by detained person on visitor or other detainee.

437

784.083(1)1stAggravated battery on code inspector.

438

790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).

439

790.16(1)1stDischarge of a machine gun under specified circumstances.

440

790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.

441

790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.

442

790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.

443

790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.

444

794.08(4)3rdFemale genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.

445

796.032ndProcuring any person under 16 years for prostitution.

446

800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.

447

800.04(5)(c)2.2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.

448

806.01(2)2ndMaliciously damage structure by fire or explosive.

449

810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.

450

810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.

451

810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.

452

810.02(3)(e)2ndBurglary of authorized emergency vehicle.

453

812.014(2)(a)1.1stProperty 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.

454

812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.

455

812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.

456

812.014(2)(b)4.2ndProperty stolen, law enforcement equipment from authorized emergency vehicle.

457

812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.

458

812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.

459

812.131(2)(a)2ndRobbery by sudden snatching.

460

812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.

461

817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.

462

817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.

463

817.234(11)(c)1stInsurance fraud; property value $100,000 or more.

464

817.2341(2)(b)&(3)(b)1stMaking 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.

465

825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.

466

825.103(2)(b)2ndExploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.

467

827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.

468

827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.

469

837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.

470

838.0152ndBribery.

471

838.0162ndUnlawful compensation or reward for official behavior.

472

838.021(3)(a)2ndUnlawful harm to a public servant.

473

838.222ndBid tampering.

474

847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.

475

847.0135(4)2ndTraveling to meet a minor to commit an unlawful sex act.

476

872.062ndAbuse of a dead human body.

477

893.13(1)(c)1.1stSell, 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.

478

893.13(1)(e)1.1stSell, 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.

479

893.13(4)(a)1stDeliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).

480

893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.

481

893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.

482

893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.

483

893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.

484

893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.

485

893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.

486

893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.

487

893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.

488

893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.

489

893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.

490

896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.

491

896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.

492

943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.

493

943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.

494

943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.

495

943.0435(13)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

496

943.0435(14)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

497

944.607(9)3rdSexual offender; failure to comply with reporting requirements.

498

944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.

499

944.607(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

500

944.607(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

501

985.4815(10)3rdSexual offender; failure to submit to the taking of a digitized photograph.

502

985.4815(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

503

985.4815(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

504

505

     Section 8.  This act shall take effect July 1, 2008.

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