HB 705

1	A bill to be entitled
2	An act relating to use of hoax firearms; creating s.
3	812.129, F.S.; defining the term "hoax firearm" for
4	specified purposes; amending ss. 812.13, 812.133, and
5	812.135, F.S.; revising provisions relating to robbery,
6	carjacking, and home-invasion robbery to provide increased
7	penalties when a hoax firearm is carried in the course of
8	committing the offense; amending s. 921.0022, F.S.;
9	conforming provisions of the offense severity ranking
10	chart of the Criminal Punishment Code to changes made by
11	the act; amending s. 948.062, F.S.; conforming provisions;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 812.129, Florida Statutes, is created
17	to read:
18	812.129  Definition; ss. 812.13-813.135.--As used is ss.
19	812.13-813.135, the term "hoax firearm" means any device or
20	object that by its design, construction, content, or
21	characteristics appears to be a firearm as defined in s.
22	790.001, but is, in fact, a facsimile or imitation of such
23	firearm.
24	Section 2.  Paragraphs (a) and (c) of subsection (2) of
25	section 812.13, Florida Statutes, are amended to read:
26	812.13  Robbery.--
27	(2)(a)  If in the course of committing the robbery the
28	offender carried a firearm or other deadly weapon or a hoax
29	firearm, then the robbery is a felony of the first degree,
30	punishable by imprisonment for a term of years not exceeding
31	life imprisonment or as provided in s. 775.082, s. 775.083, or
32	s. 775.084.
33	(c)  If in the course of committing the robbery the
34	offender carried no firearm, deadly weapon, or other weapon, or
35	hoax firearm, then the robbery is a felony of the second degree,
36	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
37	Section 3.  Subsection (2) of section 812.133, Florida
38	Statutes, is amended to read:
39	812.133  Carjacking.--
40	(2)(a)  If in the course of committing the carjacking the
41	offender carried a firearm or other deadly weapon or a hoax
42	firearm, then the carjacking is a felony of the first degree,
43	punishable by imprisonment for a term of years not exceeding
44	life imprisonment or as provided in s. 775.082, s. 775.083, or
45	s. 775.084.
46	(b)  If in the course of committing the carjacking the
47	offender carried no firearm, deadly weapon, or other weapon, or
48	hoax firearm, then the carjacking is a felony of the first
49	degree, punishable as provided in s. 775.082, s. 775.083, or s.
50	775.084.
51	Section 4.  Paragraphs (a) and (c) of subsection (2) of
52	section 812.135, Florida Statutes, are amended to read:
53	812.135  Home-invasion robbery.--
54	(2)(a)  If in the course of committing the home-invasion
55	robbery the person carries a firearm or other deadly weapon or a
56	hoax firearm, the person commits a felony of the first degree,
57	punishable by imprisonment for a term of years not exceeding
58	life imprisonment as provided in s. 775.082, s. 775.083, or s.
59	775.084.
60	(c)  If in the course of committing the home-invasion
61	robbery the person carries no firearm, deadly weapon, or other
62	weapon, or hoax firearm, the person commits a felony of the
63	first degree, punishable as provided in s. 775.082, s. 775.083,
64	or s. 775.084.
65	Section 5.  Paragraphs (f), (g), (h), (i), and (j) of
66	subsection (3) of section 921.0022, Florida Statutes, are
67	amended to read:
68	921.0022  Criminal Punishment Code; offense severity
69	ranking chart.--
70	(3)  OFFENSE SEVERITY RANKING CHART
71	(f)  LEVEL 6
72
	FloridaStatute FelonyDegree Description
73
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
74
	499.0051(3) 2nd Forgery of pedigree papers.
75
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
76
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
77
	775.0875(1) 3rd Taking firearm from law enforcement officer.
78
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
79
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
80
	784.041 3rd Felony battery; domestic battery by strangulation.
81
	784.048(3) 3rd Aggravated stalking; credible threat.
82
	784.048(5) 3rd Aggravated stalking of person under 16.
83
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
84
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
85
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
86
	784.081(2) 2nd Aggravated assault on specified official or employee.
87
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
88
	784.083(2) 2nd Aggravated assault on code inspector.
89
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
90
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
91
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
92
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
93
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
94
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
95
	794.05(1) 2nd Unlawful sexual activity with specified minor.
96
	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.
97
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
98
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
99
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
100
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
101
	812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
102
	812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
103
	812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
104
	812.13(2)(c) 2nd Robbery, no firearm, or other weapon, or hoax weapon (strong-arm robbery).
105
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
106
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
107
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
108
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
109
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
110
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
111
	827.03(1) 3rd Abuse of a child.
112
	827.03(3)(c) 3rd Neglect of a child.
113
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
114
	836.05 2nd Threats; extortion.
115
	836.10 2nd Written threats to kill or do bodily injury.
116
	843.12 3rd Aids or assists person to escape.
117
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
118
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
119
	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.
120
	944.40 2nd Escapes.
121
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
122
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
123
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
124
125	(g)  LEVEL 7
126
	FloridaStatute FelonyDegree Description
127
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
128
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
129
	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.
130
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
131
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
132
	409.920(2) 3rd Medicaid provider fraud.
133
	456.065(2) 3rd Practicing a health care profession without a license.
134
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
135
	458.327(1) 3rd Practicing medicine without a license.
136
	459.013(1) 3rd Practicing osteopathic medicine without a license.
137
	460.411(1) 3rd Practicing chiropractic medicine without a license.
138
	461.012(1) 3rd Practicing podiatric medicine without a license.
139
	462.17 3rd Practicing naturopathy without a license.
140
	463.015(1) 3rd Practicing optometry without a license.
141
	464.016(1) 3rd Practicing nursing without a license.
142
	465.015(2) 3rd Practicing pharmacy without a license.
143
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
144
	467.201 3rd Practicing midwifery without a license.
145
	468.366 3rd Delivering respiratory care services without a license.
146
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
147
	483.901(9) 3rd Practicing medical physics without a license.
148
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
149
	484.053 3rd Dispensing hearing aids without a license.
150
	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.
151
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
152
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
153
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
154
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
155
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
156
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
157
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
158
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
159
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
160
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
161
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
162
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
163
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
164
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
165
	784.048(7) 3rd Aggravated stalking; violation of court order.
166
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
167
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
168
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
169
	784.081(1) 1st Aggravated battery on specified official or employee.
170
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
171
	784.083(1) 1st Aggravated battery on code inspector.
172
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
173
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
174
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
175
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
176
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
177
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
178
	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.
179
	796.03 2nd Procuring any person under 16 years for prostitution.
180
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
181
	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.
182
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
183
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
184
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
185
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
186
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
187
	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.
188
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
189
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
190
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
191
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
192
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
193
	812.131(2)(a) 2nd Robbery by sudden snatching.
194
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon, or hoax firearm.
195
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
196
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
197
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
198
	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.
199
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
200
	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.
201
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
202
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
203
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
204
	838.015 2nd Bribery.
205
	838.016 2nd Unlawful compensation or reward for official behavior.
206
	838.021(3)(a) 2nd Unlawful harm to a public servant.
207
	838.22 2nd Bid tampering.
208
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
209
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
210
	872.06 2nd Abuse of a dead human body.
211
	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.
212
	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.
213
	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).
214
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
215
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
216
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
217
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
218
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
219
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
220
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
221
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
222
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
223
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
224
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
225
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
226
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
227
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
228
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
229
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
230
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
231
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
232
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
233
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
234
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
235
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
236
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
237
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
238
239	(h)  LEVEL 8
240
	FloridaStatute FelonyDegree Description
241
	316.193(3)(c)3.a. 2nd DUI manslaughter.
242
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
243
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
244
	499.0051(7) 1st Forgery of prescription or legend drug labels.
245
	499.0052 1st Trafficking in contraband legend drugs.
246
	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.
247
	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.
248
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
249
	777.03(2)(a) 1st Accessory after the fact, capital felony.
250
	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.
251
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
252
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
253
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
254
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
255
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
256
	794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
257
	800.04(4) 2nd Lewd or lascivious battery.
258
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
259
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
260
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
261
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
262
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
263
	812.13(2)(b) 1st Robbery with a weapon.
264
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon, or hoax firearm.
265
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
266
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
267
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
268
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
269
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
270
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
271
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
272
	860.16 1st Aircraft piracy.
273
	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).
274
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
275
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
276
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
277
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
278
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
279
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
280
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
281
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
282
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
283
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
284
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
285
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
286
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
287
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
288
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
289
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
290
	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.
291
292	(i)  LEVEL 9
293
	FloridaStatute FelonyDegree Description
294
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
295
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
296
	499.00535 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
297
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
298
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
299
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
300
	775.0844 1st Aggravated white collar crime.
301
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
302
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
303
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
304
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
305
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
306
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
307
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
308
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
309
	790.161 1st Attempted capital destructive device offense.
310
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
311
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
312
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
313
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
314
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
315
	794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
316
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
317
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon or hoax firearm.
318
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon or hoax firearm.
319
	812.135(2)(b) 1st Home-invasion robbery with weapon.
320
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
321
	827.03(2) 1st Aggravated child abuse.
322
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
323
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
324
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
325
	893.135 1st Attempted capital trafficking offense.
326
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
327
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
328
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
329
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
330
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
331
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
332
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
333
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
334
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
335
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
336
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
337
338	(j)  LEVEL 10
339
	FloridaStatute FelonyDegree Description
340
	499.00545 1st Sale or purchase of contraband legend drugs resulting in death.
341
	782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
342
	787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
343
	787.01(3)(a) Life Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
344
	782.07(3) 1st Aggravated manslaughter of a child.
345
	794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
346
	812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon or hoax firearm.
347
	876.32 1st Treason against the state.
348
349	Section 6.  Paragraph (g) of subsection (1) of section
350	948.062, Florida Statutes, is amended to read:
351	948.062  Reviewing and reporting serious offenses committed
352	by offenders placed on probation or community control.--
353	(1)  The department shall review the circumstances related
354	to an offender placed on probation or community control who has
355	been arrested while on supervision for the following offenses:
356	(g)  Any robbery with a firearm or other deadly weapon or a
357	hoax firearm, home invasion robbery, or carjacking as provided
358	in s. 812.13(2)(a), s. 812.135, or s. 812.133;
359	Section 7.  This act shall take effect October 1, 2008.

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