CS/HB 267

1	A bill to be entitled
2	An act relating to false and fraudulent insurance claims;
3	amending s. 817.234, F.S.; providing penalties for
4	specified insurance fraud violations involving personal
5	injury protection insurance; providing for professional
6	license suspensions for certain health care practitioners
7	convicted of such violations; amending s. 921.0022, F.S.;
8	conforming the offense severity ranking chart of the
9	Criminal Punishment Code; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsections (2), (11), and (12) of section
14	817.234, Florida Statutes, are amended to read:
15	817.234  False and fraudulent insurance claims.--
16	(2)(a)  Any physician licensed under chapter 458,
17	osteopathic physician licensed under chapter 459, chiropractic
18	physician licensed under chapter 460, or other practitioner
19	licensed under the laws of this state who knowingly and
20	willfully assists, conspires with, or urges any insured party to
21	fraudulently violate any of the provisions of this section or
22	part XI of chapter 627, or any person who, due to such
23	assistance, conspiracy, or urging by said physician, osteopathic
24	physician, chiropractic physician, or practitioner, knowingly
25	and willfully benefits from the proceeds derived from the use of
26	such fraud, commits insurance fraud, punishable as provided in
27	subsection (11). In the event that a physician, osteopathic
28	physician, chiropractic physician, or practitioner is
29	adjudicated guilty of a violation of this section, the Board of
30	Medicine as set forth in chapter 458, the Board of Osteopathic
31	Medicine as set forth in chapter 459, the Board of Chiropractic
32	Medicine as set forth in chapter 460, or other appropriate
33	licensing authority shall hold an administrative hearing to
34	consider the imposition of administrative sanctions as provided
35	by law against said physician, osteopathic physician,
36	chiropractic physician, or practitioner.
37	(b)  In the event that a physician licensed under chapter
38	458, an osteopathic physician licensed under chapter 459, a
39	chiropractic physician licensed under chapter 460, or other
40	practitioner licensed under the laws of this state is convicted
41	of insurance fraud that involves a claim for personal injury
42	protection benefits as required by s. 627.736, the Board of
43	Medicine as set forth in chapter 458, the Board of Osteopathic
44	Medicine as set forth in chapter 459, the Board of Chiropractic
45	Medicine as set forth in chapter 460, or other appropriate
46	licensing authority shall, in addition to any other punishment
47	less than revocation or relinquishment of the license, suspend
48	the license of such physician, osteopathic physician,
49	chiropractic physician, or practitioner for 12 months.
50	(c)(b)  In addition to any other provision of law,
51	systematic upcoding by a provider, as defined in s. 641.19(14),
52	with the intent to obtain reimbursement otherwise not due from
53	an insurer is punishable as provided in s. 641.52(5).
54	(11)(a)  If the value of any property involved in a
55	violation of this section:
56	1.(a)  Is less than $20,000, the offender commits a felony
57	of the third degree, punishable as provided in s. 775.082, s.
58	775.083, or s. 775.084.
59	2.(b)  Is $20,000 or more, but less than $100,000, the
60	offender commits a felony of the second degree, punishable as
61	provided in s. 775.082, s. 775.083, or s. 775.084.
62	3.(c)  Is $100,000 or more, the offender commits a felony
63	of the first degree, punishable as provided in s. 775.082, s.
64	775.083, or s. 775.084.
65	(b)  Notwithstanding any other provision of law, any person
66	who is convicted of insurance fraud that involves a claim for
67	personal injury protection benefits as required by s. 627.736:
68	1.  Commits a felony of the second degree, punishable as
69	provided by s. 775.082 and by a fine of $200,000.
70	2.  A second or subsequent time commits a felony of the
71	second degree, punishable as provided by s. 755.082 and by a
72	fine of $500,000.
73	(12)  As used in this section:
74	(a)  "Conviction" has the same meaning as provided in s.
75	775.0837.
76	(b)(a)  "Property" means property as defined in s. 812.012.
77	(c)(b)  "Value" means value as defined in s. 812.012.
78	Section 2.  Paragraphs (c), (e), (g), and (h) of subsection
79	(3) of section 921.0022, Florida Statutes, are amended to read:
80	921.0022  Criminal Punishment Code; offense severity
81	ranking chart.--
82	(3)  OFFENSE SEVERITY RANKING CHART
83
84	(c)  LEVEL 3
85
	FloridaStatute FelonyDegree Description
86
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
87
	316.066(6)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
88
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
89
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
90
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
91
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
92
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
93
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
94
	327.35(2)(b) 3rd Felony BUI.
95
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
96
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
97
	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.
98
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
99
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
100
	400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
101
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
102
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
103
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
104
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
105
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
106
	697.08 3rd Equity skimming.
107
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
108
	796.05(1) 3rd Live on earnings of a prostitute.
109
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
110
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
111
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
112
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
113
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
114
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
115
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
116
	817.233 3rd Burning to defraud insurer.
117
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
118
	817.234(11)(a)1. 3rd Insurance fraud; property value less than $20,000.
119
	817.236 3rd Filing a false motor vehicle insurance application.
120
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
121
	817.413(2) 3rd Sale of used goods as new.
122
	817.505(4) 3rd Patient brokering.
123
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
124
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
125
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
126
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
127
	843.19 3rd Injure, disable, or kill police dog or horse.
128
	860.15(3) 3rd Overcharging for repairs and parts.
129
	870.01(2) 3rd Riot; inciting or encouraging.
130
	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).
131
	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.
132
	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.
133
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
134
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
135
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
136
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
137
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
138
	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.
139
	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.
140
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
141
	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.
142
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
143
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
144
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
145
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
146
147	(e)  LEVEL 5
148
	FloridaStatute FelonyDegree Description
149
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
150
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
151
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
152
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
153
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
154
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
155
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
156
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
157
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
158
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
159
	790.01(2) 3rd Carrying a concealed firearm.
160
	790.162 2nd Threat to throw or discharge destructive device.
161
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
162
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
163
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
164
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
165
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
166
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
167
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
168
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
169
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
170
	812.131(2)(b) 3rd Robbery by sudden snatching.
171
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
172
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
173
	817.234(11)(a)2. (b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
174
	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.
175
	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.
176
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
177
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
178
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
179
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
180
	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.
181
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
182
	847.0137(2)&(3) 3rd Transmission of pornography by electronic device or equipment.
183
	847.0138(2)&(3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
184
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
185
	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).
186
	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.
187
	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.
188
	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.
189
	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.
190
	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).
191
192
193	(g)  LEVEL 7
194
	FloridaStatute FelonyDegree Description
195
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
196
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
197
	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.
198
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
199
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
200
	409.920(2) 3rd Medicaid provider fraud.
201
	456.065(2) 3rd Practicing a health care profession without a license.
202
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
203
	458.327(1) 3rd Practicing medicine without a license.
204
	459.013(1) 3rd Practicing osteopathic medicine without a license.
205
	460.411(1) 3rd Practicing chiropractic medicine without a license.
206
	461.012(1) 3rd Practicing podiatric medicine without a license.
207
	462.17 3rd Practicing naturopathy without a license.
208
	463.015(1) 3rd Practicing optometry without a license.
209
	464.016(1) 3rd Practicing nursing without a license.
210
	465.015(2) 3rd Practicing pharmacy without a license.
211
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
212
	467.201 3rd Practicing midwifery without a license.
213
	468.366 3rd Delivering respiratory care services without a license.
214
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
215
	483.901(9) 3rd Practicing medical physics without a license.
216
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
217
	484.053 3rd Dispensing hearing aids without a license.
218
	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.
219
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
220
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
221
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
222
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
223
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
224
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
225
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
226
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
227
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
228
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
229
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
230
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
231
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
232
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
233
	784.048(7) 3rd Aggravated stalking; violation of court order.
234
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
235
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
236
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
237
	784.081(1) 1st Aggravated battery on specified official or employee.
238
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
239
	784.083(1) 1st Aggravated battery on code inspector.
240
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
241
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
242
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
243
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
244
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
245
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
246
	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.
247
	796.03 2nd Procuring any person under 16 years for prostitution.
248
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
249
	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.
250
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
251
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
252
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
253
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
254
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
255
	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.
256
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
257
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
258
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
259
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
260
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
261
	812.131(2)(a) 2nd Robbery by sudden snatching.
262
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
263
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
264
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
265
	817.234(11)(a)3. (c) 1st Insurance fraud; property value $100,000 or more.
266
	817.234(11)(b)1. 2nd Insurance fraud involving a claim for personal injury protection benefits.
267
	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.
268
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
269
	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.
270
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
271
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
272
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
273
	838.015 2nd Bribery.
274
	838.016 2nd Unlawful compensation or reward for official behavior.
275
	838.021(3)(a) 2nd Unlawful harm to a public servant.
276
	838.22 2nd Bid tampering.
277
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
278
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
279
	872.06 2nd Abuse of a dead human body.
280
	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.
281
	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.
282
	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).
283
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
284
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
285
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
286
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
287
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
288
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
289
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
290
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
291
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
292
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
293
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
294
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
295
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
296
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
297
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
298
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
299
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
300
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
301
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
302
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
303
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
304
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
305
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
306
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
307
308	(h)  LEVEL 8
309
	FloridaStatute FelonyDegree Description
310
	316.193(3)(c)3.a. 2nd DUI manslaughter.
311
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
312
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
313
	499.0051(7) 1st Forgery of prescription or legend drug labels.
314
	499.0052 1st Trafficking in contraband legend drugs.
315
	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
316
	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
317
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
318
	777.03(2)(a) 1st Accessory after the fact, capital felony.
319
	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
320
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
321
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
322
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
323
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
324
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
325
	794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
326
	800.04(4) 2nd Lewd or lascivious battery.
327
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
328
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
329
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
330
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
331
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
332
	812.13(2)(b) 1st Robbery with a weapon.
333
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
334
	817.234(11)(b)2. 2nd Insurance fraud involving a claim for personal injury protection benefits; second or subsequent offense.
335
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
336
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
337
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
338
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
339
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
340
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
341
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
342
	860.16 1st Aircraft piracy.
343
	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
344
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
345
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
346
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
347
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
348
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
349
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
350
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
351
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
352
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
353
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
354
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
355
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
356
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
357
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
358
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
359
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
360
	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
361
362	Section 3.  This act shall take effect October 1, 2008.

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