HB 339

1	A bill to be entitled
2	An act relating to criminal offenses; providing a short
3	title; creating s. 775.0865, F.S.; providing for the
4	reclassification of felonies committed against the elderly
5	or disabled; amending s. 784.08, F.S.; providing for the
6	reclassification of misdemeanors committed against persons
7	65 years of age or older; amending s. 812.0145, F.S.;
8	providing for a mandatory term of imprisonment for certain
9	thefts against persons 65 years of age or older; amending
10	s. 825.103, F.S.; providing for a mandatory term of
11	imprisonment for certain acts of exploitation against an
12	elderly person or disabled adult; amending ss. 775.0877
13	and 921.0022, F.S., relating to orders for HIV testing for
14	certain offenses and the sentencing guidelines; revising
15	an offense description and conforming cross-references to
16	changes made by the act; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  This act may be cited as "The Seniors' Safety
21	Act."
22	Section 2.  Section 775.0865, Florida Statutes, is created
23	to read:
24	775.0865  Felonies committed against the elderly or
25	disabled; reclassification of offenses.--Whenever a person is
26	charged with committing a felony offense upon a person 65 years
27	of age or older or an elderly person or disabled adult as
28	defined in chapter 825, regardless of whether the person charged
29	knew or had reason to know the age, infirmity, or disability of
30	the victim, the offense for which the person is charged shall be
31	reclassified as follows:
32	(1)  In the case of a felony of the third degree, the
33	offense is reclassified to a felony of the second degree.
34	(2)  In the case of a felony of the second degree, the
35	offense is reclassified to a felony of the first degree.
36	(3)  In the case of a felony of the first degree, the
37	offense is reclassified to a felony of the first degree,
38	punishable by life imprisonment.
39	Section 3.  Subsection (2) of section 784.08, Florida
40	Statutes, is amended to read:
41	784.08  Assault or battery on persons 65 years of age or
42	older; reclassification of offenses; minimum sentence.--
43	(2)  Whenever a person is charged with committing an
44	assault or aggravated assault or a battery or aggravated battery
45	upon a person 65 years of age or older, regardless of whether
46	the person charged knew he or she knows or had has reason to
47	know the age of the victim, the offense for which the person is
48	charged shall be reclassified as follows:
49	(a)  In the case of aggravated battery, from a felony of
50	the second degree to a felony of the first degree.
51	(b)  In the case of aggravated assault, from a felony of
52	the third degree to a felony of the second degree.
53	(a)(c)  In the case of battery, from a misdemeanor of the
54	first degree to a felony of the third degree.
55	(b)(d)  In the case of assault, from a misdemeanor of the
56	second degree to a misdemeanor of the first degree.
57	Section 4.  Section 812.0145, Florida Statutes, is amended
58	to read:
59	812.0145  Theft from persons 65 years of age or older;
60	penalties reclassification of offenses.--
61	(1)  A person who is convicted of theft of more than $1,000
62	from a person 65 years of age or older shall be ordered by the
63	sentencing judge to make restitution to the victim of such
64	offense and to perform up to 500 hours of community service
65	work. Restitution and community service work shall be in
66	addition to any fine or sentence which may be imposed and shall
67	not be in lieu thereof.
68	(2)  Notwithstanding any other law, if the funds, assets,
69	or property involved in a theft from a person 65 years of age or
70	older is valued at $10,000 or more, the court shall sentence the
71	offender to a mandatory minimum term of imprisonment of 3 years.
72	However, the mandatory term of imprisonment does not apply to
73	the theft of one or more motor vehicles, regardless of
74	associated value. Whenever a person is charged with committing
75	theft from a person 65 years of age or older, when he or she
76	knows or has reason to believe that the victim was 65 years of
77	age or older, the offense for which the person is charged shall
78	be reclassified as follows:
79	(a)  This subsection does not prevent a court from imposing
80	a greater sentence of incarceration as authorized by law. If the
81	funds, assets, or property involved in the theft from a person
82	65 years of age or older is valued at $50,000 or more, the
83	offender commits a felony of the first degree, punishable as
84	provided in s. 775.082, s. 775.083, or s. 775.084.
85	(b)  If the minimum mandatory term of imprisonment imposed
86	under this section exceeds the maximum sentence authorized by s.
87	775.082, s. 775.084, or the Criminal Punishment Code under
88	chapter 921, the mandatory minimum sentence must be imposed. If
89	the mandatory minimum term of imprisonment under this section is
90	less than the sentence authorized by s. 775.082, s. 775.084, or
91	the Criminal Punishment Code under chapter 921, the sentence
92	imposed by the court must include the mandatory minimum term of
93	imprisonment required in this subsection. If the funds, assets,
94	or property involved in the theft from a person 65 years of age
95	or older is valued at $10,000 or more, but less than $50,000,
96	the offender commits a felony of the second degree, punishable
97	as provided in s. 775.082, s. 775.083, or s. 775.084.
98	(c)  If the funds, assets, or property involved in the
99	theft from a person 65 years of age or older is valued at $300
100	or more, but less than $10,000, the offender commits a felony of
101	the third degree, punishable as provided in s. 775.082, s.
102	775.083, or s. 775.084.
103	Section 5.  Subsections (3) and (4) are added to section
104	825.103, Florida Statutes, to read:
105	825.103  Exploitation of an elderly person or disabled
106	adult; penalties.--
107	(3)  Notwithstanding any other law, if the funds, assets,
108	or property involved in the exploitation of an elderly person or
109	a disabled adult is valued at $10,000 or more, the court shall
110	sentence the offender to a mandatory minimum term of
111	imprisonment of 3 years.
112	(4)  This subsection does not prevent a court from imposing
113	a greater sentence of incarceration as authorized by law. If the
114	minimum mandatory term of imprisonment imposed under subsection
115	(3) exceeds the maximum sentence authorized by s. 775.082, s.
116	775.084, or the Criminal Punishment Code under chapter 921, the
117	mandatory minimum sentence must be imposed. If the mandatory
118	minimum term of imprisonment under this section is less than the
119	sentence authorized by s. 775.082, s. 775.084, or the Criminal
120	Punishment Code under chapter 921, the sentence imposed by the
121	court must include the mandatory minimum term of imprisonment
122	required in subsection (3).
123	Section 6.  Subsection (1) of section 775.0877, Florida
124	Statutes, is amended to read:
125	775.0877  Criminal transmission of HIV; procedures;
126	penalties.--
127	(1)  In any case in which a person has been convicted of or
128	has pled nolo contendere or guilty to, regardless of whether
129	adjudication is withheld, any of the following offenses, or the
130	attempt thereof, which offense or attempted offense involves the
131	transmission of body fluids from one person to another:
132	(a)  Section 794.011, relating to sexual battery,
133	(b)  Section 826.04, relating to incest,
134	(c)  Section 800.04(1), (2), and (3), relating to lewd,
135	lascivious, or indecent assault or act upon any person less than
136	16 years of age,
137	(d)  Sections 784.011, 784.07(2)(a), and 784.08(2)(b)(d),
138	relating to assault,
139	(e)  Sections 784.021 and, 784.07(2)(c), and 784.08(2)(b),
140	relating to aggravated assault,
141	(f)  Sections 784.03, 784.07(2)(b), and 784.08(2)(a)(c),
142	relating to battery,
143	(g)  Sections 784.045 and, 784.07(2)(d), and 784.08(2)(a),
144	relating to aggravated battery,
145	(h)  Section 827.03(1), relating to child abuse,
146	(i)  Section 827.03(2), relating to aggravated child abuse,
147	(j)  Section 825.102(1), relating to abuse of an elderly
148	person or disabled adult,
149	(k)  Section 825.102(2), relating to aggravated abuse of an
150	elderly person or disabled adult,
151	(l)  Section 827.071, relating to sexual performance by
152	person less than 18 years of age,
153	(m)  Sections 796.03, 796.07, and 796.08, relating to
154	prostitution, or
155	(n)  Section 381.0041(11)(b), relating to donation of
156	blood, plasma, organs, skin, or other human tissue,
157
158	the court shall order the offender to undergo HIV testing, to be
159	performed under the direction of the Department of Health in
160	accordance with s. 381.004, unless the offender has undergone
161	HIV testing voluntarily or under pursuant to procedures
162	established in s. 381.004(3)(h)6. or s. 951.27, or any other
163	applicable law or rule providing for HIV testing of criminal
164	offenders or inmates, subsequent to her or his arrest for an
165	offense enumerated in paragraphs (a)-(n) for which she or he was
166	convicted or to which she or he pled nolo contendere or guilty.
167	The results of an HIV test performed on an offender under
168	pursuant to this subsection are not admissible in any criminal
169	proceeding arising out of the alleged offense.
170	Section 7.  Paragraphs (c), (d), (e), (f), and (g) of
171	subsection (3) of section 921.0022, Florida Statutes, are
172	amended to read:
173	921.0022  Criminal Punishment Code; offense severity
174	ranking chart.--
175	(3)  OFFENSE SEVERITY RANKING CHART
176	(c)  LEVEL 3
177
	FloridaStatute FelonyDegree Description
178
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
179
	316.066(6)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
180
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
181
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
182
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
183
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
184
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
185
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
186
	327.35(2)(b) 3rd Felony BUI.
187
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
188
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
189
	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.
190
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
191
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
192
	400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
193
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
194
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
195
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
196
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
197
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
198
	697.08 3rd Equity skimming.
199
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
200
	796.05(1) 3rd Live on earnings of a prostitute.
201
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
202
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
203
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
204
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
205
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
206
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
207
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
208
	817.233 3rd Burning to defraud insurer.
209
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
210
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
211
	817.236 3rd Filing a false motor vehicle insurance application.
212
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
213
	817.413(2) 3rd Sale of used goods as new.
214
	817.505(4) 3rd Patient brokering.
215
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
216
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
217
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
218
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
219
	843.19 3rd Injure, disable, or kill police dog or horse.
220
	860.15(3) 3rd Overcharging for repairs and parts.
221
	870.01(2) 3rd Riot; inciting or encouraging.
222
	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).
223
	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.
224
	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.
225
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
226
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
227
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
228
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
229
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
230
	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.
231
	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.
232
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
233
	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.
234
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
235
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
236
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
237
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
238
239	(d)  LEVEL 4
240
	FloridaStatute FelonyDegree Description
241
	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.
242
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
243
	499.0051(2) 3rd Failure to authenticate pedigree papers.
244
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
245
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
246
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
247
	784.075 3rd Battery on detention or commitment facility staff.
248
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
249
	784.08(2)(a)(c) 3rd Battery on a person 65 years of age or older.
250
	784.081(3) 3rd Battery on specified official or employee.
251
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
252
	784.083(3) 3rd Battery on code inspector.
253
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
254
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
255
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
256
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
257
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
258
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
259
	790.115(2)(c) 3rd Possessing firearm on school property.
260
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
261
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
262
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
263
	810.06 3rd Burglary; possession of tools.
264
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
265
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
266
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
267
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
268
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
269
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
270
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
271
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
272
	837.02(1) 3rd Perjury in official proceedings.
273
	837.021(1) 3rd Make contradictory statements in official proceedings.
274
	838.022 3rd Official misconduct.
275
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
276
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
277
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
278
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
279
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
280
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
281
	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).
282
	914.14(2) 3rd Witnesses accepting bribes.
283
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
284
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
285
	918.12 3rd Tampering with jurors.
286
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
287
288	(e)  LEVEL 5
289
	FloridaStatute FelonyDegree Description
290
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
291
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
292
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
293
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
294
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
295
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
296
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
297
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
298
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
299
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
300
	790.01(2) 3rd Carrying a concealed firearm.
301
	790.162 2nd Threat to throw or discharge destructive device.
302
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
303
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
304
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
305
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
306
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
307
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
308
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
309
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
310
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
311
	812.131(2)(b) 3rd Robbery by sudden snatching.
312
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
313
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
314
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
315
	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.
316
	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.
317
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
318
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
319
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
320
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
321
	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.
322
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
323
	847.0137(2)&(3) 3rd Transmission of pornography by electronic device or equipment.
324
	847.0138(2)&(3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
325
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
326
	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).
327
	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.
328
	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.
329
	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.
330
	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.
331
	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).
332
333	(f)  LEVEL 6
334
	FloridaStatute FelonyDegree Description
335
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
336
	499.0051(3) 2nd Forgery of pedigree papers.
337
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
338
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
339
	775.0875(1) 3rd Taking firearm from law enforcement officer.
340
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
341
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
342
	784.041 3rd Felony battery; domestic battery by strangulation.
343
	784.048(3) 3rd Aggravated stalking; credible threat.
344
	784.048(5) 3rd Aggravated stalking of person under 16.
345
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
346
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
347
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
348
	784.081(2) 2nd Aggravated assault on specified official or employee.
349
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
350
	784.083(2) 2nd Aggravated assault on code inspector.
351
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
352
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
353
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
354
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
355
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
356
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
357
	794.05(1) 2nd Unlawful sexual activity with specified minor.
358
	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.
359
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
360
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
361
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
362
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
363
	812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
364
	812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
365
	812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
366
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
367
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
368
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
369
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
370
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
371
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
372
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
373
	827.03(1) 3rd Abuse of a child.
374
	827.03(3)(c) 3rd Neglect of a child.
375
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
376
	836.05 2nd Threats; extortion.
377
	836.10 2nd Written threats to kill or do bodily injury.
378
	843.12 3rd Aids or assists person to escape.
379
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
380
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
381
	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.
382
	944.40 2nd Escapes.
383
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
384
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
385
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
386
387	(g)  LEVEL 7
388
	FloridaStatute FelonyDegree Description
389
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
390
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
391
	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.
392
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
393
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
394
	409.920(2) 3rd Medicaid provider fraud.
395
	456.065(2) 3rd Practicing a health care profession without a license.
396
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
397
	458.327(1) 3rd Practicing medicine without a license.
398
	459.013(1) 3rd Practicing osteopathic medicine without a license.
399
	460.411(1) 3rd Practicing chiropractic medicine without a license.
400
	461.012(1) 3rd Practicing podiatric medicine without a license.
401
	462.17 3rd Practicing naturopathy without a license.
402
	463.015(1) 3rd Practicing optometry without a license.
403
	464.016(1) 3rd Practicing nursing without a license.
404
	465.015(2) 3rd Practicing pharmacy without a license.
405
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
406
	467.201 3rd Practicing midwifery without a license.
407
	468.366 3rd Delivering respiratory care services without a license.
408
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
409
	483.901(9) 3rd Practicing medical physics without a license.
410
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
411
	484.053 3rd Dispensing hearing aids without a license.
412
	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.
413
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
414
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
415
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
416
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
417
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
418
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
419
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
420
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
421
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
422
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
423
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
424
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
425
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
426
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
427
	784.048(7) 3rd Aggravated stalking; violation of court order.
428
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
429
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
430
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
431
	784.081(1) 1st Aggravated battery on specified official or employee.
432
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
433
	784.083(1) 1st Aggravated battery on code inspector.
434
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
435
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
436
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
437
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
438
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
439
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
440
	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.
441
	796.03 2nd Procuring any person under 16 years for prostitution.
442
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
443
	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.
444
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
445
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
446
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
447
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
448
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
449
	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.
450
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
451
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
452
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
453
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
454
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
455
	812.131(2)(a) 2nd Robbery by sudden snatching.
456
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
457
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
458
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
459
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
460
	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.
461
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
462
	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.
463
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
464
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
465
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
466
	838.015 2nd Bribery.
467
	838.016 2nd Unlawful compensation or reward for official behavior.
468
	838.021(3)(a) 2nd Unlawful harm to a public servant.
469
	838.22 2nd Bid tampering.
470
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
471
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
472
	872.06 2nd Abuse of a dead human body.
473
	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.
474
	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.
475
	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).
476
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
477
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
478
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
479
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
480
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
481
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
482
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
483
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
484
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
485
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
486
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
487
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
488
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
489
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
490
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
491
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
492
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
493
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
494
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
495
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
496
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
497
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
498
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
499
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
500
501	Section 8.  This act shall take effect July 1, 2008.

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