CS/HB 267

1	A bill to be entitled
2	An act relating to false and fraudulent insurance claims;
3	amending s. 400.9905, F.S.; redefining the term "clinic"
4	for purposes of the Health Care Clinic Act to exclude from
5	coverage under the act those entities providing oncology,
6	radiation therapy, and urology services; amending s.
7	400.9905, F.S.; redefining the term "clinic" for purposes
8	of the Health Care Clinic Act to exclude from coverage
9	under the act those entities providing pediatric
10	cardiology services; amending s. 817.234, F.S.; providing
11	penalties for specified insurance fraud violations
12	involving personal injury protection insurance; providing
13	for professional license suspensions for certain health
14	care practitioners convicted of such violations; amending
15	s. 921.0022, F.S.; conforming the offense severity ranking
16	chart of the Criminal Punishment Code; providing an
17	effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Paragraphs (a), (b), (c), and (d) of subsection
22	(4) of section 400.9905, Florida Statutes, are amended to read:
23	400.9905  Definitions.--
24	(4)  "Clinic" means an entity at which health care services
25	are provided to individuals and which tenders charges for
26	reimbursement for such services, including a mobile clinic and a
27	portable equipment provider. For purposes of this part, the term
28	does not include and the licensure requirements of this part do
29	not apply to:
30	(a)  Entities licensed or registered by the state under
31	chapter 395; entities that provide oncology, radiation therapy,
32	and urology services by physicians licensed under chapter 458 or
33	chapter 459 that do not submit claims for reimbursement to
34	insurers under ss. 627.730-627.7405; or entities licensed or
35	registered by the state and providing only health care services
36	within the scope of services authorized under their respective
37	licenses granted under ss. 383.30-383.335, chapter 390, chapter
38	394, chapter 397, this chapter except part X, chapter 429,
39	chapter 463, chapter 465, chapter 466, chapter 478, part I of
40	chapter 483, chapter 484, or chapter 651; end-stage renal
41	disease providers authorized under 42 C.F.R. part 405, subpart
42	U; or providers certified under 42 C.F.R. part 485, subpart B or
43	subpart H; or any entity that provides neonatal or pediatric
44	hospital-based health care services or other health care
45	services by licensed practitioners solely within a hospital
46	licensed under chapter 395.
47	(b)  Entities that own, directly or indirectly, entities
48	licensed or registered by the state pursuant to chapter 395;
49	entities that own, directly or indirectly, an entity that
50	provides oncology, radiation therapy, and urology services by
51	physicians licensed under chapter 458 or chapter 459 that do not
52	submit claims for reimbursement to insurers under ss. 627.730-
53	627.7405; or entities that own, directly or indirectly, entities
54	licensed or registered by the state and providing only health
55	care services within the scope of services authorized pursuant
56	to their respective licenses granted under ss. 383.30-383.335,
57	chapter 390, chapter 394, chapter 397, this chapter except part
58	X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
59	478, part I of chapter 483, chapter 484, chapter 651; end-stage
60	renal disease providers authorized under 42 C.F.R. part 405,
61	subpart U; or providers certified under 42 C.F.R. part 485,
62	subpart B or subpart H; or any entity that provides neonatal or
63	pediatric hospital-based health care services by licensed
64	practitioners solely within a hospital licensed under chapter
65	395.
66	(c)  Entities that are owned, directly or indirectly, by an
67	entity licensed or registered by the state pursuant to chapter
68	395; entities that are owned, directly or indirectly, by an
69	entity that provides oncology, radiation therapy, and urology
70	services by physicians licensed under chapter 458 or chapter 459
71	that do not submit claims for reimbursement to insurers under
72	ss. 627.730-627.7405; or entities that are owned, directly or
73	indirectly, by an entity licensed or registered by the state and
74	providing only health care services within the scope of services
75	authorized pursuant to their respective licenses granted under
76	ss. 383.30-383.335, chapter 390, chapter 394, chapter 397, this
77	chapter except part X, chapter 429, chapter 463, chapter 465,
78	chapter 466, chapter 478, part I of chapter 483, chapter 484, or
79	chapter 651; end-stage renal disease providers authorized under
80	42 C.F.R. part 405, subpart U; or providers certified under 42
81	C.F.R. part 485, subpart B or subpart H; or any entity that
82	provides neonatal or pediatric hospital-based health care
83	services by licensed practitioners solely within a hospital
84	under chapter 395.
85	(d)  Entities that are under common ownership, directly or
86	indirectly, with an entity licensed or registered by the state
87	pursuant to chapter 395; entities that are under common
88	ownership, directly or indirectly, with an entity that provides
89	oncology, radiation therapy, and urology services by physicians
90	licensed under chapter 458 or chapter 459 that do not submit
91	claims for reimbursement to insurers under ss. 627.730-627.7405;
92	or entities that are under common ownership, directly or
93	indirectly, with an entity licensed or registered by the state
94	and providing only health care services within the scope of
95	services authorized pursuant to their respective licenses
96	granted under ss. 383.30-383.335, chapter 390, chapter 394,
97	chapter 397, this chapter except part X, chapter 429, chapter
98	463, chapter 465, chapter 466, chapter 478, part I of chapter
99	483, chapter 484, or chapter 651; end-stage renal disease
100	providers authorized under 42 C.F.R. part 405, subpart U; or
101	providers certified under 42 C.F.R. part 485, subpart B or
102	subpart H; or any entity that provides neonatal or pediatric
103	hospital-based health care services by licensed practitioners
104	solely within a hospital licensed under chapter 395.
105	Section 2.  Paragraph (l) of subsection (4) of section
106	400.9905, Florida Statutes, is amended to read:
107	400.9905  Definitions.--
108	(4)  "Clinic" means an entity at which health care services
109	are provided to individuals and which tenders charges for
110	reimbursement for such services, including a mobile clinic and a
111	portable equipment provider. For purposes of this part, the term
112	does not include and the licensure requirements of this part do
113	not apply to:
114	(l)  Orthotic or prosthetic or pediatric cardiology
115	clinical facilities that are a publicly traded corporation or
116	that are wholly owned, directly or indirectly, by a publicly
117	traded corporation. As used in this paragraph, a publicly traded
118	corporation is a corporation that issues securities traded on an
119	exchange registered with the United States Securities and
120	Exchange Commission as a national securities exchange.
121	Section 3.  Subsections (2), (11), and (12) of section
122	817.234, Florida Statutes, are amended to read:
123	817.234  False and fraudulent insurance claims.--
124	(2)(a)  Any physician licensed under chapter 458,
125	osteopathic physician licensed under chapter 459, chiropractic
126	physician licensed under chapter 460, or other practitioner
127	licensed under the laws of this state who knowingly and
128	willfully assists, conspires with, or urges any insured party to
129	fraudulently violate any of the provisions of this section or
130	part XI of chapter 627, or any person who, due to such
131	assistance, conspiracy, or urging by said physician, osteopathic
132	physician, chiropractic physician, or practitioner, knowingly
133	and willfully benefits from the proceeds derived from the use of
134	such fraud, commits insurance fraud, punishable as provided in
135	subsection (11). In the event that a physician, osteopathic
136	physician, chiropractic physician, or practitioner is
137	adjudicated guilty of a violation of this section, the Board of
138	Medicine as set forth in chapter 458, the Board of Osteopathic
139	Medicine as set forth in chapter 459, the Board of Chiropractic
140	Medicine as set forth in chapter 460, or other appropriate
141	licensing authority shall hold an administrative hearing to
142	consider the imposition of administrative sanctions as provided
143	by law against said physician, osteopathic physician,
144	chiropractic physician, or practitioner.
145	(b)  In the event that a physician licensed under chapter
146	458, an osteopathic physician licensed under chapter 459, a
147	chiropractic physician licensed under chapter 460, or other
148	practitioner licensed under the laws of this state is convicted
149	of insurance fraud that involves a claim for personal injury
150	protection benefits as required by s. 627.736, the Board of
151	Medicine as set forth in chapter 458, the Board of Osteopathic
152	Medicine as set forth in chapter 459, the Board of Chiropractic
153	Medicine as set forth in chapter 460, or other appropriate
154	licensing authority shall, in addition to any other punishment
155	less than revocation or relinquishment of the license, suspend
156	the license of such physician, osteopathic physician,
157	chiropractic physician, or practitioner for 12 months.
158	(c)(b)  In addition to any other provision of law,
159	systematic upcoding by a provider, as defined in s. 641.19(14),
160	with the intent to obtain reimbursement otherwise not due from
161	an insurer is punishable as provided in s. 641.52(5).
162	(11)(a)  If the value of any property involved in a
163	violation of this section:
164	1.(a)  Is less than $20,000, the offender commits a felony
165	of the third degree, punishable as provided in s. 775.082, s.
166	775.083, or s. 775.084.
167	2.(b)  Is $20,000 or more, but less than $100,000, the
168	offender commits a felony of the second degree, punishable as
169	provided in s. 775.082, s. 775.083, or s. 775.084.
170	3.(c)  Is $100,000 or more, the offender commits a felony
171	of the first degree, punishable as provided in s. 775.082, s.
172	775.083, or s. 775.084.
173	(b)  Notwithstanding any other provision of law, any person
174	who is convicted of insurance fraud that involves a claim for
175	personal injury protection benefits as required by s. 627.736:
176	1.  Commits a felony of the second degree, punishable as
177	provided by s. 775.082 and by a fine of $200,000.
178	2.  A second or subsequent time commits a felony of the
179	second degree, punishable as provided by s. 755.082 and by a
180	fine of $500,000.
181	(12)  As used in this section:
182	(a)  "Conviction" has the same meaning as provided in s.
183	775.0837.
184	(b)(a)  "Property" means property as defined in s. 812.012.
185	(c)(b)  "Value" means value as defined in s. 812.012.
186	Section 4.  Paragraphs (c), (e), (g), and (h) of subsection
187	(3) of section 921.0022, Florida Statutes, are amended to read:
188	921.0022  Criminal Punishment Code; offense severity
189	ranking chart.--
190	(3)  OFFENSE SEVERITY RANKING CHART
191
192	(c)  LEVEL 3
193
	FloridaStatute FelonyDegree Description
194
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
195
	316.066(6)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
196
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
197
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
198
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
199
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
200
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
201
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
202
	327.35(2)(b) 3rd Felony BUI.
203
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
204
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
205
	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.
206
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
207
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
208
	400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
209
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
210
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
211
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
212
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
213
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
214
	697.08 3rd Equity skimming.
215
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
216
	796.05(1) 3rd Live on earnings of a prostitute.
217
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
218
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
219
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
220
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
221
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
222
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
223
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
224
	817.233 3rd Burning to defraud insurer.
225
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
226
	817.234(11)(a)1. 3rd Insurance fraud; property value less than $20,000.
227
	817.236 3rd Filing a false motor vehicle insurance application.
228
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
229
	817.413(2) 3rd Sale of used goods as new.
230
	817.505(4) 3rd Patient brokering.
231
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
232
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
233
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
234
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
235
	843.19 3rd Injure, disable, or kill police dog or horse.
236
	860.15(3) 3rd Overcharging for repairs and parts.
237
	870.01(2) 3rd Riot; inciting or encouraging.
238
	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).
239
	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.
240
	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.
241
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
242
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
243
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
244
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
245
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
246
	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.
247
	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.
248
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
249
	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.
250
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
251
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
252
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
253
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
254
255	(e)  LEVEL 5
256
	FloridaStatute FelonyDegree Description
257
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
258
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
259
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
260
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
261
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
262
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
263
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
264
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
265
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
266
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
267
	790.01(2) 3rd Carrying a concealed firearm.
268
	790.162 2nd Threat to throw or discharge destructive device.
269
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
270
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
271
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
272
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
273
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
274
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
275
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
276
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
277
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
278
	812.131(2)(b) 3rd Robbery by sudden snatching.
279
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
280
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
281
	817.234(11)(a)2. (b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
282
	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.
283
	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.
284
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
285
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
286
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
287
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
288
	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.
289
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
290
	847.0137(2)&(3) 3rd Transmission of pornography by electronic device or equipment.
291
	847.0138(2)&(3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
292
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
293
	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).
294
	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.
295
	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.
296
	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.
297
	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.
298
	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).
299
300
301	(g)  LEVEL 7
302
	FloridaStatute FelonyDegree Description
303
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
304
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
305
	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.
306
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
307
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
308
	409.920(2) 3rd Medicaid provider fraud.
309
	456.065(2) 3rd Practicing a health care profession without a license.
310
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
311
	458.327(1) 3rd Practicing medicine without a license.
312
	459.013(1) 3rd Practicing osteopathic medicine without a license.
313
	460.411(1) 3rd Practicing chiropractic medicine without a license.
314
	461.012(1) 3rd Practicing podiatric medicine without a license.
315
	462.17 3rd Practicing naturopathy without a license.
316
	463.015(1) 3rd Practicing optometry without a license.
317
	464.016(1) 3rd Practicing nursing without a license.
318
	465.015(2) 3rd Practicing pharmacy without a license.
319
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
320
	467.201 3rd Practicing midwifery without a license.
321
	468.366 3rd Delivering respiratory care services without a license.
322
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
323
	483.901(9) 3rd Practicing medical physics without a license.
324
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
325
	484.053 3rd Dispensing hearing aids without a license.
326
	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.
327
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
328
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
329
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
330
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
331
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
332
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
333
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
334
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
335
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
336
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
337
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
338
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
339
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
340
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
341
	784.048(7) 3rd Aggravated stalking; violation of court order.
342
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
343
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
344
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
345
	784.081(1) 1st Aggravated battery on specified official or employee.
346
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
347
	784.083(1) 1st Aggravated battery on code inspector.
348
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
349
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
350
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
351
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
352
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
353
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
354
	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.
355
	796.03 2nd Procuring any person under 16 years for prostitution.
356
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
357
	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.
358
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
359
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
360
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
361
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
362
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
363
	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.
364
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
365
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
366
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
367
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
368
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
369
	812.131(2)(a) 2nd Robbery by sudden snatching.
370
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
371
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
372
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
373
	817.234(11)(a)3. (c) 1st Insurance fraud; property value $100,000 or more.
374
	817.234(11)(b)1. 2nd Insurance fraud involving a claim for personal injury protection benefits.
375
	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.
376
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
377
	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.
378
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
379
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
380
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
381
	838.015 2nd Bribery.
382
	838.016 2nd Unlawful compensation or reward for official behavior.
383
	838.021(3)(a) 2nd Unlawful harm to a public servant.
384
	838.22 2nd Bid tampering.
385
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
386
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
387
	872.06 2nd Abuse of a dead human body.
388
	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.
389
	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.
390
	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).
391
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
392
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
393
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
394
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
395
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
396
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
397
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
398
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
399
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
400
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
401
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
402
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
403
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
404
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
405
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
406
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
407
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
408
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
409
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
410
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
411
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
412
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
413
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
414
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
415
416	(h)  LEVEL 8
417
	FloridaStatute FelonyDegree Description
418
	316.193(3)(c)3.a. 2nd DUI manslaughter.
419
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
420
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
421
	499.0051(7) 1st Forgery of prescription or legend drug labels.
422
	499.0052 1st Trafficking in contraband legend drugs.
423
	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.
424
	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.
425
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
426
	777.03(2)(a) 1st Accessory after the fact, capital felony.
427
	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.
428
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
429
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
430
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
431
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
432
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
433
	794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
434
	800.04(4) 2nd Lewd or lascivious battery.
435
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
436
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
437
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
438
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
439
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
440
	812.13(2)(b) 1st Robbery with a weapon.
441
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
442
	817.234(11)(b)2. 2nd Insurance fraud involving a claim for personal injury protection benefits; second or subsequent offense.
443
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
444
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
445
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
446
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
447
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
448
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
449
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
450
	860.16 1st Aircraft piracy.
451
	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).
452
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
453
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
454
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
455
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
456
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
457
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
458
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
459
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
460
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
461
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
462
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
463
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
464
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
465
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
466
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
467
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
468
	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.
469
470	Section 5.  This act shall take effect October 1, 2008.

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