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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(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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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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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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(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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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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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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784.08(2)(d), relating to assault,
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relating to aggravated assault,
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784.08(2)(c), relating to battery,
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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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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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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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| FloridaStatute | FelonyDegree | Description |
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| 119.10(2)(b) | 3rd | Unlawful use of confidential information from police reports. |
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| 316.066(6)(b)-(d) | 3rd | Unlawfully obtaining or using confidential crash reports. |
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| 316.193(2)(b) | 3rd | Felony DUI, 3rd conviction. |
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| 316.1935(2) | 3rd | Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. |
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| 319.30(4) | 3rd | Possession by junkyard of motor vehicle with identification number plate removed. |
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| 319.33(1)(a) | 3rd | Alter or forge any certificate of title to a motor vehicle or mobile home. |
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| 319.33(1)(c) | 3rd | Procure or pass title on stolen vehicle. |
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| 319.33(4) | 3rd | With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. |
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| 327.35(2)(b) | 3rd | Felony BUI. |
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| 328.05(2) | 3rd | Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. |
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| 328.07(4) | 3rd | Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. |
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| 370.12(1)(e)5. | 3rd | Taking, 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. | 3rd | Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. |
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| 376.302(5) | 3rd | Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. |
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| 400.903(3) | 3rd | Operating a clinic without a license or filing false license application or other required information. |
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| 440.1051(3) | 3rd | False report of workers' compensation fraud or retaliation for making such a report. |
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| 501.001(2)(b) | 2nd | Tampers with a consumer product or the container using materially false/misleading information. |
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| 624.401(4)(a) | 3rd | Transacting insurance without a certificate of authority. |
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| 624.401(4)(b)1. | 3rd | Transacting insurance without a certificate of authority; premium collected less than $20,000. |
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| 626.902(1)(a) & (b) | 3rd | Representing an unauthorized insurer. |
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| 697.08 | 3rd | Equity skimming. |
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| 790.15(3) | 3rd | Person directs another to discharge firearm from a vehicle. |
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| 796.05(1) | 3rd | Live on earnings of a prostitute. |
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| 806.10(1) | 3rd | Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. |
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| 806.10(2) | 3rd | Interferes with or assaults firefighter in performance of duty. |
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| 810.09(2)(c) | 3rd | Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. |
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| 812.014(2)(c)2. | 3rd | Grand theft; $5,000 or more but less than $10,000. |
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| 812.0145(2)(c) | 3rd | Theft from person 65 years of age or older; $300 or more but less than $10,000. |
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| 815.04(4)(b) | 2nd | Computer offense devised to defraud or obtain property. |
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| 817.034(4)(a)3. | 3rd | Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. |
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| 817.233 | 3rd | Burning to defraud insurer. |
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| 817.234(8)(b)-(c) | 3rd | Unlawful solicitation of persons involved in motor vehicle accidents. |
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| 817.234(11)(a) | 3rd | Insurance fraud; property value less than $20,000. |
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| 817.236 | 3rd | Filing a false motor vehicle insurance application. |
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| 817.2361 | 3rd | Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. |
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| 817.413(2) | 3rd | Sale of used goods as new. |
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| 817.505(4) | 3rd | Patient brokering. |
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| 828.12(2) | 3rd | Tortures any animal with intent to inflict intense pain, serious physical injury, or death. |
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| 831.28(2)(a) | 3rd | Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. |
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| 831.29 | 2nd | Possession of instruments for counterfeiting drivers' licenses or identification cards. |
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| 838.021(3)(b) | 3rd | Threatens unlawful harm to public servant. |
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| 843.19 | 3rd | Injure, disable, or kill police dog or horse. |
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| 860.15(3) | 3rd | Overcharging for repairs and parts. |
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| 870.01(2) | 3rd | Riot; inciting or encouraging. |
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| 893.13(1)(a)2. | 3rd | Sell, 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. | 2nd | Sell, 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. | 2nd | Sell, 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) | 3rd | Possession of any controlled substance other than felony possession of cannabis. |
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| 893.13(7)(a)8. | 3rd | Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. |
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| 893.13(7)(a)9. | 3rd | Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. |
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| 893.13(7)(a)10. | 3rd | Affix false or forged label to package of controlled substance. |
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| 893.13(7)(a)11. | 3rd | Furnish false or fraudulent material information on any document or record required by chapter 893. |
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| 893.13(8)(a)1. | 3rd | Knowingly 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. | 3rd | Employ 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. | 3rd | Knowingly write a prescription for a controlled substance for a fictitious person. |
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| 893.13(8)(a)4. | 3rd | Write 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) | 3rd | Alter, destroy, or conceal investigation evidence. |
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| 944.47(1)(a)1.-2. | 3rd | Introduce contraband to correctional facility. |
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| 944.47(1)(c) | 2nd | Possess contraband while upon the grounds of a correctional institution. |
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| 985.721 | 3rd | Escapes from a juvenile facility (secure detention or residential commitment facility). |
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(d) LEVEL 4
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| FloridaStatute | FelonyDegree | Description |
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| 316.1935(3)(a) | 2nd | Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
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| 499.0051(1) | 3rd | Failure to maintain or deliver pedigree papers. |
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| 499.0051(2) | 3rd | Failure to authenticate pedigree papers. |
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| 499.0051(6) | 2nd | Sale or delivery, or possession with intent to sell, contraband legend drugs. |
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| 784.07(2)(b) | 3rd | Battery of law enforcement officer, firefighter, intake officer, etc. |
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| 784.074(1)(c) | 3rd | Battery of sexually violent predators facility staff. |
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| 784.075 | 3rd | Battery on detention or commitment facility staff. |
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| 784.078 | 3rd | Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. |
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| 784.08(2)(a)(c) | 3rd | Battery on a person 65 years of age or older. |
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| 784.081(3) | 3rd | Battery on specified official or employee. |
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| 784.082(3) | 3rd | Battery by detained person on visitor or other detainee. |
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| 784.083(3) | 3rd | Battery on code inspector. |
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| 784.085 | 3rd | Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. |
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| 787.03(1) | 3rd | Interference with custody; wrongly takes minor from appointed guardian. |
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| 787.04(2) | 3rd | Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. |
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| 787.04(3) | 3rd | Carrying 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) | 3rd | Exhibiting firearm or weapon within 1,000 feet of a school. |
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| 790.115(2)(b) | 3rd | Possessing electric weapon or device, destructive device, or other weapon on school property. |
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| 790.115(2)(c) | 3rd | Possessing firearm on school property. |
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| 800.04(7)(d) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
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| 810.02(4)(a) | 3rd | Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. |
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| 810.02(4)(b) | 3rd | Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. |
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| 810.06 | 3rd | Burglary; possession of tools. |
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| 810.08(2)(c) | 3rd | Trespass on property, armed with firearm or dangerous weapon. |
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| 812.014(2)(c)3. | 3rd | Grand theft, 3rd degree $10,000 or more but less than $20,000. |
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| 812.014(2)(c)4.-10. | 3rd | Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. |
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| 812.0195(2) | 3rd | Dealing in stolen property by use of the Internet; property stolen $300 or more. |
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| 817.563(1) | 3rd | Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. |
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| 817.568(2)(a) | 3rd | Fraudulent use of personal identification information. |
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| 817.625(2)(a) | 3rd | Fraudulent use of scanning device or reencoder. |
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| 828.125(1) | 2nd | Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. |
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| 837.02(1) | 3rd | Perjury in official proceedings. |
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| 837.021(1) | 3rd | Make contradictory statements in official proceedings. |
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| 838.022 | 3rd | Official misconduct. |
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| 839.13(2)(a) | 3rd | Falsifying records of an individual in the care and custody of a state agency. |
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| 839.13(2)(c) | 3rd | Falsifying records of the Department of Children and Family Services. |
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| 843.021 | 3rd | Possession of a concealed handcuff key by a person in custody. |
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| 843.025 | 3rd | Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. |
280
| 843.15(1)(a) | 3rd | Failure to appear while on bail for felony (bond estreature or bond jumping). |
281
| 874.05(1) | 3rd | Encouraging or recruiting another to join a criminal street gang. |
282
| 893.13(2)(a)1. | 2nd | Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs). |
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| 914.14(2) | 3rd | Witnesses accepting bribes. |
284
| 914.22(1) | 3rd | Force, threaten, etc., witness, victim, or informant. |
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| 914.23(2) | 3rd | Retaliation against a witness, victim, or informant, no bodily injury. |
286
| 918.12 | 3rd | Tampering with jurors. |
287
| 934.215 | 3rd | Use of two-way communications device to facilitate commission of a crime. |
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(e) LEVEL 5
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| FloridaStatute | FelonyDegree | Description |
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| 316.027(1)(a) | 3rd | Accidents involving personal injuries, failure to stop; leaving scene. |
293
| 316.1935(4)(a) | 2nd | Aggravated fleeing or eluding. |
294
| 322.34(6) | 3rd | Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. |
295
| 327.30(5) | 3rd | Vessel accidents involving personal injury; leaving scene. |
296
| 381.0041(11)(b) | 3rd | Donate blood, plasma, or organs knowing HIV positive. |
297
| 440.10(1)(g) | 2nd | Failure to obtain workers' compensation coverage. |
298
| 440.105(5) | 2nd | Unlawful solicitation for the purpose of making workers' compensation claims. |
299
| 440.381(2) | 2nd | Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. |
300
| 624.401(4)(b)2. | 2nd | Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. |
301
| 626.902(1)(c) | 2nd | Representing an unauthorized insurer; repeat offender. |
302
| 790.01(2) | 3rd | Carrying a concealed firearm. |
303
| 790.162 | 2nd | Threat to throw or discharge destructive device. |
304
| 790.163(1) | 2nd | False report of deadly explosive or weapon of mass destruction. |
305
| 790.221(1) | 2nd | Possession of short-barreled shotgun or machine gun. |
306
| 790.23 | 2nd | Felons in possession of firearms, ammunition, or electronic weapons or devices. |
307
| 800.04(6)(c) | 3rd | Lewd or lascivious conduct; offender less than 18 years. |
308
| 800.04(7)(c) | 2nd | Lewd or lascivious exhibition; offender 18 years or older. |
309
| 806.111(1) | 3rd | Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. |
310
| 812.0145(2)(b) | 2nd | Theft from person 65 years of age or older; $10,000 or more but less than $50,000. |
311
| 812.015(8) | 3rd | Retail theft; property stolen is valued at $300 or more and one or more specified acts. |
312
| 812.019(1) | 2nd | Stolen property; dealing in or trafficking in. |
313
| 812.131(2)(b) | 3rd | Robbery by sudden snatching. |
314
| 812.16(2) | 3rd | Owning, operating, or conducting a chop shop. |
315
| 817.034(4)(a)2. | 2nd | Communications fraud, value $20,000 to $50,000. |
316
| 817.234(11)(b) | 2nd | Insurance fraud; property value $20,000 or more but less than $100,000. |
317
| 817.2341(1),(2)(a)&(3)(a) | 3rd | Filing 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) | 2nd | Fraudulent 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. |
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| 817.625(2)(b) | 2nd | Second or subsequent fraudulent use of scanning device or reencoder. |
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| 825.1025(4) | 3rd | Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. |
321
| 827.071(4) | 2nd | Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. |
322
| 827.071(5) | 3rd | Possess any photographic material, motion picture, etc., which includes sexual conduct by a child. |
323
| 839.13(2)(b) | 2nd | Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. |
324
| 843.01 | 3rd | Resist officer with violence to person; resist arrest with violence. |
325
| 847.0137(2)&(3) | 3rd | Transmission of pornography by electronic device or equipment. |
326
| 847.0138(2)&(3) | 3rd | Transmission of material harmful to minors to a minor by electronic device or equipment. |
327
| 874.05(2) | 2nd | Encouraging or recruiting another to join a criminal street gang; second or subsequent offense. |
328
| 893.13(1)(a)1. | 2nd | Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
329
| 893.13(1)(c)2. | 2nd | Sell, 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. | 1st | Sell, 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. | 2nd | Sell, 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. | 1st | Sell, 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) | 2nd | Deliver 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
| FloridaStatute | FelonyDegree | Description |
338
| 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
339
| 499.0051(3) | 2nd | Forgery of pedigree papers. |
340
| 499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
341
| 499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
342
| 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
343
| 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
344
| 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
345
| 784.041 | 3rd | Felony battery; domestic battery by strangulation. |
346
| 784.048(3) | 3rd | Aggravated stalking; credible threat. |
347
| 784.048(5) | 3rd | Aggravated stalking of person under 16. |
348
| 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
349
| 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
350
| 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
351
| 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
352
| 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
353
| 784.083(2) | 2nd | Aggravated assault on code inspector. |
354
355
| 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
356
| 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
357
| 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
358
| 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
359
| 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
360
| 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
361
| 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. |
362
| 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
363
| 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
364
| 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
365
| 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
366
| 812.014(6) | 2nd | Theft; property stolen $3,000 or more; coordination of others. |
367
| 812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
368
| 812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
369
| 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
370
| 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
371
| 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
372
| 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
373
| 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
374
| 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
375
| 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
376
| 827.03(1) | 3rd | Abuse of a child. |
377
| 827.03(3)(c) | 3rd | Neglect of a child. |
378
| 827.071(2)&(3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
379
| 836.05 | 2nd | Threats; extortion. |
380
| 836.10 | 2nd | Written threats to kill or do bodily injury. |
381
| 843.12 | 3rd | Aids or assists person to escape. |
382
| 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
383
| 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
384
| 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. |
385
| 944.40 | 2nd | Escapes. |
386
| 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
387
| 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
388
| 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
389
390
391
(g) LEVEL 7
392
| FloridaStatute | FelonyDegree | Description |
393
| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
394
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
395
| 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. |
396
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
397
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
398
| 409.920(2) | 3rd | Medicaid provider fraud. |
399
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
400
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
401
| 458.327(1) | 3rd | Practicing medicine without a license. |
402
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
403
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
404
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
405
| 462.17 | 3rd | Practicing naturopathy without a license. |
406
| 463.015(1) | 3rd | Practicing optometry without a license. |
407
| 464.016(1) | 3rd | Practicing nursing without a license. |
408
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
409
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
410
| 467.201 | 3rd | Practicing midwifery without a license. |
411
| 468.366 | 3rd | Delivering respiratory care services without a license. |
412
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
413
| 483.901(9) | 3rd | Practicing medical physics without a license. |
414
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
415
| 484.053 | 3rd | Dispensing hearing aids without a license. |
416
| 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. |
417
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
418
| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
419
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
420
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
421
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
422
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
423
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
424
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
425
| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
426
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
427
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
428
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
429
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
430
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
431
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
432
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
433
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
434
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
435
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
436
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
437
| 784.083(1) | 1st | Aggravated battery on code inspector. |
438
439
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
440
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
441
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
442
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
443
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
444
| 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. |
445
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
446
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
447
| 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. |
448
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
449
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
450
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
451
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
452
| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
453
| 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. |
454
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
455
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
456
| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
457
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
458
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
459
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
460
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
461
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
462
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
463
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
464
| 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. |
465
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
466
| 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. |
467
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
468
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
469
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
470
| 838.015 | 2nd | Bribery. |
471
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
472
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
473
| 838.22 | 2nd | Bid tampering. |
474
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
475
| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
476
| 872.06 | 2nd | Abuse of a dead human body. |
477
| 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. |
478
| 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. |
479
| 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). |
480
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
481
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
482
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
483
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
484
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
485
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
486
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
487
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
488
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
489
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
490
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
491
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
492
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
493
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
494
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
495
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
496
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
497
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
498
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
499
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
500
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
501
| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
502
| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
503
| 985.4815(13) | 3rd | Sexual 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.